RESPONDENT: Harvey N. Levin
LOCATION: U.S. District Court for the Northern District of Illinois
DOCKET NO.: 12-872
DECIDED BY: Roberts Court (2010-2016)
CITATION: 571 US (2013)
GRANTED: Mar 18, 2013
ARGUED: Oct 07, 2013
DECIDED: Oct 15, 2013
Edward R. Theobald III - for the respondent
Michael A. Scodro - Illinois Solicitor General, for the petitioners
Facts of the case
Harvey N. Levin was hired as an Illinois Assistant District Attorney on September 5, 2000. On May 12, 2006 when he was fired, Levin was over the age of sixty, and he believed that he was fired due to his age and gender. He was replaced by a female attorney in her thirties. Levin sued the state of Illinois, the Illinois Attorney General Lisa Madigan in both her individual and official capacities, and four other Attorney General employees under the Age Discrimination Employment Act (ADEA), the Civil Rights Act of 1964, and the Equal Protection Clause of the Fourteenth Amendment. The defendants moved to dismiss the suit by arguing that either the claim under the ADEA precluded the Civil Rights Act claim or that they were entitled to qualified immunity under the ADEA. The district court originally ruled that the ADEA did not prevent the claim from proceeding under the Civil Rights Act and granted the qualified immunity. After the case was reassigned to a different district court judge, the district court held that Levin was not an employee for the purpose of the Civil Rights Act and the ADEA, so he could not pursue those claims, and that the defendants were not entitled to qualified immunity. The U.S. Court of Appeals for the Seventh Circuit affirmed.
Does the existence of a specific route for the redress of age discrimination claims under the Age Discrimination Employment Act prevent local and state employees from seeking redress under the Equal Protection Clause and the Civil Rights Act?
Media for Madigan v. LevinAudio Transcription for Oral Argument - October 07, 2013 in Madigan v. Levin
Audio Transcription for Opinion Announcement - October 15, 2013 in Madigan v. Levin
In Case No. 12-872, Madigan versus Levin, the petition for writ of certiorari is dismissed as improvidently granted.