University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bishop v. Gainer (Koski v. Gainer) EE-IL-0274
Docket / Court 1:92-cv-03293 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On May 19, 1992, white male police officers filed a lawsuit against the Illinois State Police (ISP) and Illinois in the United States District Court for the Northern District of Illinois. The plaintiffs alleged that the defendants had violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § ... read more >
On May 19, 1992, white male police officers filed a lawsuit against the Illinois State Police (ISP) and Illinois in the United States District Court for the Northern District of Illinois. The plaintiffs alleged that the defendants had violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Protection clause of the Fourteenth Amendment, contending that racial quotas and different qualifications for the same jobs constituted reverse discrimination. The plaintiffs sought an injunction allowing white males who had had the same or higher scores as minorities but been not been hired to continue with the application process.

Under the affirmative action program which the plaintiffs sought to change, job applicants were divided into categories and recorded separately, with different lists for white males, black males, other male minorities, and females. White male applicants had to achieve a higher score on their qualification tests in order to be hired.

On May 6, 1993, the court (Judge Harry D. Leinenweber) granted the plaintiffs' motion for class certification. The class consisted of all white male applicants for hire with the Illinois State Police from 1975 to 1993 who were eliminated from contention or whose hire date was delayed.

On September 30, 1997, the court (Judge Leinenweber) found in favor of the class on the Title VII hiring claim and in favor of some of the plaintiffs on their individual promotional claims. Between that ruling and April 23, 1998 the court issued various remedies. The class was awarded injunctive relief requiring the ISP to notify all members that they did not have to take the entrance exam but would be considered to have passed. Injunctive relief was granted to individual officers in the form of promotions. Finally, monetary damages for back pay and emotional distress were awarded to various plaintiffs totaling roughly $200,000.

A number of individual plaintiffs appealed to the Seventh Circuit and the case proceeded as Bishop v. Gainer. On December 5, 2001 the Court of Appeals (Judge Coffey, Judge Kanne, and Judge Evans) affirmed the district court with minor modifications. The case ended on May 20, 2002 when the Supreme Court denied the petition for a writ of certiorari.

Michael Perry - 07/11/2010


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Issues and Causes of Action
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Issues
Affected Gender
Male
Content of Injunction
Other requirements regarding hiring, promotion, retention
Promotion
Defendant-type
Law-enforcement
Discrimination-area
Hiring
Promotion
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) Illinois State Police
State of Illinois
Plaintiff Description All white male applicants to the Illinois State Police, from 1975 to 1993, who were eliminated from contention, or whose hire date was delayed, by the imposition of a higher cut-off score them and white male officers who were denied promotions.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
98-2172 (U.S. Court of Appeals) 05/20/2002
EE-IL-0274-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:92-cv-03293 (N.D. Ill.) 09/05/2002
EE-IL-0274-9000 PDF | Detail
General Documents
Opinion (Granting class certification) 05/06/1993 (1993 WL 153828) (N.D. Ill.)
EE-IL-0274-0002 PDF | WESTLAW | Detail
Opinion (Granting in part and denying in part defendant's motion to dismiss) 11/22/1993 (1993 WL 488409) (N.D. Ill.)
EE-IL-0274-0003 PDF | WESTLAW | Detail
Opinion (Granting plaintiff's motion for summary judgment in part and granting defendant's motion for summary judgment in part) 10/05/1995 (1995 WL 599052) (N.D. Ill.)
EE-IL-0274-0004 PDF | WESTLAW | Detail
Opinion (Denying plaintiff's motion for summary judgment and granting in part and denying in part defendant's motion for summary judgment) 03/27/1997 (1997 WL 159530) (N.D. Ill.)
EE-IL-0274-0005 PDF | WESTLAW | Detail
Opinion (Finding in favor of the class on the Title VII claim and entering judgments for individual plaintiffs) 09/30/1997 (1997 WL 619858) (N.D. Ill.)
EE-IL-0274-0006 PDF | WESTLAW | Detail
Opinion (Finding in favor of one plaintiff on his promotion claim) 10/17/1997 (1997 U.S.Dist.LEXIS 16511) (N.D. Ill.)
EE-IL-0274-0011 PDF | LEXIS | Detail
Document Source: LexisNexis
Opinion (Denying damages on a lost chance theory) 01/15/1998 (1998 U.S.Dist.LEXIS 299) (N.D. Ill.)
EE-IL-0274-0010 PDF | LEXIS | Detail
Document Source: LexisNexis
Opinion (Determing the correct interest rate for damages) 03/18/1998 (1998 WL 154706) (N.D. Ill.)
EE-IL-0274-0007 PDF | WESTLAW | Detail
Opinion (Granting attorney's fees) 06/22/1999 (1999 WL 438910) (N.D. Ill.)
EE-IL-0274-0008 PDF | WESTLAW | Detail
Opinion (Denying plaintiff's motion for supplemental fees) 08/27/1999 (1999 WL 731783) (N.D. Ill.)
EE-IL-0274-0009 PDF | WESTLAW | Detail
(Affirming the District Court) 06/24/2010 (272 F.3d 1009)
EE-IL-0274-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Judges Coffey, John Louis (Seventh Circuit)
EE-IL-0274-0001
Evans, Terence Thomas (E.D. Wis., Seventh Circuit)
EE-IL-0274-0001
Kanne, Michael Stephen (N.D. Ind., Seventh Circuit)
EE-IL-0274-0001
Leinenweber, Harry Daniel (N.D. Ill.)
EE-IL-0274-0002 | EE-IL-0274-0003 | EE-IL-0274-0004 | EE-IL-0274-0005 | EE-IL-0274-0006 | EE-IL-0274-0007 | EE-IL-0274-0008 | EE-IL-0274-0009 | EE-IL-0274-0010 | EE-IL-0274-0011 | EE-IL-0274-9000
Monitors/Masters None on record
Plaintiff's Lawyers Jones, Lance T. (Illinois)
EE-IL-0274-9001
Sutherland, Kimberly Ann (Illinois)
EE-IL-0274-0007 | EE-IL-0274-0010 | EE-IL-0274-0011 | EE-IL-0274-9000
Defendant's Lawyers Giroux, Paula J. (Illinois)
EE-IL-0274-0007 | EE-IL-0274-0010 | EE-IL-0274-0011 | EE-IL-0274-9000
Light, Erik G (Illinois)
EE-IL-0274-9001
Other Lawyers None on record

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