Cusson-Cobb v. O'Lessker, CUSSON-COB
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Citation | 953 F.2d 1079 |
| Docket Number | P,CUSSON-COB,No. 91-1694,91-1694 |
| Parties | Jodylaintiff-Appellant, v. Karl O'LESSKER, Willis Zagrovich, Frederick Corban, in their official capacity as Commissioners of the Indiana Utility Regulatory Commission, et al., Defendants-Appellees. |
| Decision Date | 15 January 1992 |
Page 1079
v.
Karl O'LESSKER, Willis Zagrovich, Frederick Corban, in their
official capacity as Commissioners of the Indiana
Utility Regulatory Commission, et al.,
Defendants-Appellees.
Seventh Circuit.
Decided Jan. 15, 1992.
Frank B. Harshey (argued), Merriman & Harshey, Indianapolis, Ind., for plaintiff-appellant.
Jon D. Krahulik, James L. Turner, Mary Beth Claus, David C. Campbell (argued), Bingham, Summers, Welsh & Spilman, Indianapolis, Ind., for defendants-appellees.
Before WOOD, Jr., MANION and KANNE, Circuit Judges.
MANION, Circuit Judge.
In 1989, Appellant Jody Cusson-Cobb, a Republican, was fired from her position as General Counsel to the Indiana Utility Regulatory Commission by the newly-appointed Chairman, James Monk, who was a Democrat. Monk appointed David Zeigner, also a Democrat, to replace Cusson-Cobb as General Counsel. Shortly thereafter, Cusson-Cobb filed this § 1983 action alleging that she was fired because of her political affiliation in violation of the First and Fourteenth Amendments to the United States Constitution. The district court granted summary judgment for the defendants because Cusson-Cobb failed to present any evidence that political affiliation was a motivating factor in her discharge. We affirm.
I.
The Indiana Utility Regulatory Commission ("IURC") is a five-member, bi-partisan commission responsible for regulating electric, gas, telephone, water and sewer utilities in Indiana. See Ind.Code § 8-1-1-2 et seq. The five commissioners of the IURC, including the chairman, are appointed by the Governor of Indiana. Ind.Code § 8-1-1-2. No more than three commissioners can be of the same political party. Id. The agency's purpose is to develop utility regulation which serves the public interest by providing dependable and reliable utility services at the lowest possible rates. Its duties include regulating rates, finances, service territories and safety.
Page 1080
The IURC has statutory authority to employ "sufficient professional staff" necessary for the commission to carry out its statutory duties. Ind.Code 8-1-1-3(h)(1). Pursuant to this authority, Cusson-Cobb, a Republican, was appointed as a staff attorney to the IURC in September 1986 and was elevated to General Counsel in January 1988. Cusson-Cobb served as General Counsel to the IURC until July 1989. Neither Cusson-Cobb's complaint nor her affidavit in opposition to summary judgment indicate who appointed her or whether her party affiliation was a factor in her appointment.
On May 5, 1989, Governor Evan Bayh--the first Democrat elected Governor of Indiana in twenty years--appointed James Monk (who at the time was a Democrat state legislator) chairman of the IURC. Monk replaced Chairman Les Duvall, a Republican. Prior to taking office as chairman, Monk asked David Zeigner, a Democrat, to accompany him to the IURC as General Counsel. Zeigner was a staff attorney for the Legislative Services Agency, an adjunct to the Indiana General Assembly, and had demonstrated his expertise in utility law while working with Monk on legislative matters. Zeigner agreed to accept the position of General Counsel in May 1989, 1 and Monk, on June 5, 1989, informed Cusson-Cobb that she was terminated from her position as General Counsel.
On October 2, 1989, Cusson-Cobb filed this § 1983 action claiming Monk fired her because of her affiliation with the Republican Party. Cusson-Cobb's complaint alleges that she is a Republican; her association with the Republican Party "was known to the Commissioners of IURC"; she was fired by Monk, a Democrat; and she was replaced by Zeigner, a Democrat. Cusson-Cobb also alleges that the termination of her employment with the IURC "violated her right to freedom of speech and political association."
The defendants filed a motion for summary judgment supported by...
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Eggleston v. South Bend Community School Corp., No. 3:92cv00672 AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the nonmoving party could sit back and simply poke holes in the moving ......
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Roberts v. Samardvich, No. 3:93cv0760 AS.
...opinions must be grounded on more than flights of fancy, speculations, hunches, intuitions, or rumors...."); Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992); Covalt v. Carey Canada, Inc., 950 F.2d 481 (7th Cir. 1991); Visser v. Packer Eng'g Assocs., Inc., 924 F.2d 655, 659-60 (......
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Marozsan v. US, Civ. No. 3:84cv0500 AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the nonmoving party could sit back and simply poke holes in the moving ......
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Stone-Bey v. Swihart, No. 2:93cv198AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the non-moving party could sit back and simply poke holes in the moving......
-
Eggleston v. South Bend Community School Corp., No. 3:92cv00672 AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the nonmoving party could sit back and simply poke holes in the moving ......
-
Roberts v. Samardvich, No. 3:93cv0760 AS.
...opinions must be grounded on more than flights of fancy, speculations, hunches, intuitions, or rumors...."); Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992); Covalt v. Carey Canada, Inc., 950 F.2d 481 (7th Cir. 1991); Visser v. Packer Eng'g Assocs., Inc., 924 F.2d 655, 659-60 (......
-
Marozsan v. US, Civ. No. 3:84cv0500 AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the nonmoving party could sit back and simply poke holes in the moving ......
-
Stone-Bey v. Swihart, No. 2:93cv198AS.
...v. Joliet Correctional Center, 931 F.2d 425, 428 (7th Cir.1991), or upon conclusory allegations in affidavits. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081 (7th Cir.1992). "The days are gone, if they ever existed, when the non-moving party could sit back and simply poke holes in the moving......