Emerson v. Dart

109 F.4th 936

Paula EMERSON, Plaintiff-Appellant, v. Thomas J. DART, Sheriff of Cook County, and Cook County, Illinois, Defendants-Appellees.

No. 23-3029

United States Court of Appeals, Seventh Circuit

Argued May 28, 2024

Decided July 26, 2024

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:21-cv-06407 — Sharon Johnson Coleman, Judge.

Michael Jeffrey Greco, Attorney, Michael J. Greco, Oak Park, IL, for Plaintiff-Appellant.

Colleen M. Harvey, Attorney, Office of the Cook County State's Attorney, Chicago, IL, for Defendants-Appellees.

Before Jackson-Akiwumi, Lee, and Kolar, Circuit Judges.

Lee, Circuit Judge.

In 2019, Paula Emerson was fired from her job as a Cook County Corrections Officer. She sued Cook County and the Cook County Sheriff Thomas Dart (Defendants), claiming that they had terminated her in retaliation for filing a workers' compensation claim with the Illinois Workers' Compensation Commission (IWCC) in 2014. Defendants moved to dismiss Emerson's action for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), and the district court dismissed her claims without prejudice. Emerson then filed an amended complaint, and the district court dismissed it again, this time with prejudice. Emerson now appeals. Having taken a fresh look at Emerson's complaint, we affirm.

I. Background

A. Emerson's Allegations

Emerson began working for the Cook County Sheriff's Office and the Cook County Department of Corrections as a Corrections Officer in 2008. In 2012, she was diagnosed with anxiety, depression, and post-traumatic stress disorder. Based upon this, the Sheriff's Office placed Emerson on disability leave. Emerson remained on disability leave until 2019, when she claims the County fired her without warning.

As Emerson sees it, two events between the start of her leave in 2012 and her termination seven years later are relevant to her retaliation claim. First, in 2014, she filed an Application for Adjustment of Claim with the IWCC (she refers to this as her "workers' compensation claim"). That claim, she says, remains pending to this day.

Second, also in 2014, Emerson filed a lawsuit against Cook County and several of its employees, claiming they had retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court in that case entered summary judgment for the defendants and imposed sanctions against Emerson. We affirmed. See Emerson v. Dart, 900 F.3d 469 (7th Cir. 2018). The prior case is relevant, Emerson posits, because the attorneys who represented the County there also represented the County in the IWCC proceedings and have discussed both cases with individuals in the Sheriff's Office responsible for her termination.

B. Procedural Background

On October 13, 2020, Emerson filed a Charge of Discrimination with the U.S. Equal Opportunity Commission (EEOC) related to her termination. The EEOC issued her a right-to-sue letter on September 1, 2021. Emerson then filed a two-count complaint in November 2021 against Cook County and Cook County Sheriff Thomas Dart. Count I alleged that Defendants retaliated against her in violation of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq. Count II alleged that Defendants retaliated against her for filing a claim with the IWCC in violation of Illinois common law.

Defendants moved to dismiss both counts pursuant to Rule 12(b)(6) for failure to state a claim. In response, Emerson not only challenged the merits of Defendants' arguments, but also asked the court for leave to conduct limited discovery regarding what, if anything, the individuals responsible for her firing knew about her workers' compensation claim.

The district court granted Defendants' motion on January 10, 2023. As for Count I, the district court found that filing a workers' compensation claim was not a protected activity under the ADA. As for Count II, the court concluded that Emerson had not adequately pleaded facts suggesting that her workers' compensation claim was a reason for her firing. The district court dismissed both counts without prejudice and granted Emerson the opportunity to correct the deficiencies in her complaint. It, however, denied Emerson's discovery request, noting that she had failed to identify anyone at the Sheriff's Office who might have known about her IWCC claim.

Shortly afterwards, Emerson amended her complaint, which remained largely unchanged. She did, however, supply additional details about her Title VII litigation against the County and its employees. Emerson's counsel confirmed during oral argument that she added these allegations in an attempt to show that the individuals responsible for her firing knew about her workers' compensation claim.

Defendants again moved to dismiss both counts, and the district court granted the request in August 2023, dismissing both claims with prejudice. In doing so, the court observed that the amended complaint did not cure the noted deficiencies. It still failed to assert any activity protected by the ADA. And the revised complaint did not plausibly allege that the commencement of Emerson's workers' compensation claim caused her termination five years later.

Emerson filed a Rule 59(e) motion for reconsideration on September 7, 2023. The district court denied it the next day, concluding it had already considered and rejected Emerson's arguments. Emerson appealed.

II. Legal Standard

We review a district court's dismissal for failure to state a claim de novo. Lavalais v. Vill. of Melrose Park, 734 F.3d 629, 632 (7th Cir. 2013). To survive a motion to dismiss pursuant to Rule 12(b)(6), a complaint must "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim is plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). The plausibility requirement "asks for more than a sheer possibility that a defendant has acted unlawfully." Id. Put simply, a complaint's factual allegations "must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555, 127 S.Ct. 1955.

At the pleadings stage, we "accept all well-pleaded factual allegations as true and view them in the light most favorable to the plaintiff." Lavalais, 734 F.3d at 632 (citing Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1027 (7th Cir. 2013)). That said, "allegations in the form of legal conclusions are insufficient to survive a Rule 12(b)(6) motion." McReynolds v. Merrill Lynch & Co., 694 F.3d 873, 885 (7th Cir. 2012). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Iqbal, 556 U.S. at 678, 129 S.Ct. 1937.

III. Analysis

On appeal, Emerson abandons her claim that Defendants unlawfully retaliated against her in violation of the ADA, focusing instead on her Illinois law retaliation claim. As she sees it, the district court erred when it determined that her allegations were insufficient to plausibly suggest her IWCC claim was the cause of her firing. Emerson also challenges the district court's decision to deny her discovery request. We consider each of these issues in turn.

A. Dismissal of Retaliation Claim

A claim for workers' compensation retaliation is a creature of Illinois common law. See Brooks v. Pactiv Corp., 729 F.3d 758, 767 (7th Cir. 2013); see also Kelsay v. Motorola, Inc., 74 Ill.2d 172, 23 Ill.Dec. 559, 384 N.E.2d 353, 356 (1978). To state a claim, Emerson must allege that (1) she was employed by Defendants at the time of her injury, (2) she exercised a right granted by the Illinois Workers' Compensation Act (IWCA), and (3) her discharge was causally related to the exercise of her rights under the IWCA. Hillmann v. City of Chicago, 834 F.3d 787, 793-94 (7th Cir. 2016). The crux of this dispute, as is often the case, is whether Emerson's complaint sufficiently alleges that her IWCC claim caused her firing. Of course, she need not prove the point at the pleading stage, but her allegations must nudge her claim "across the line from conceivable to plausible." Twombly, 550 U.S. at 570, 127 S.Ct. 1955.

Here, Emerson's theory of causation boils down to just two facts. First, the Sheriff's Office and the Department of Corrections terminated her employment without warning in December 2019. Second, five years earlier, she had filed a workers' compensation claim that remained pending at the time of her firing. Emerson insists we can infer causation from this alone.¹

Emerson's complaint needed to allege more. As it stands, the complaint fails to give any indication as to why, if her workers' compensation claim had caused her firing, the Sheriff's Office waited five years to take any action. For example, one can imagine a complaint alleging that Emerson's medical expenses had recently increased, causing the Sheriff's Office to see her workers' compensation claim in a more negative light. Alternatively, a complaint might allege that efforts to settle the claim had recently soured, sparking the Sheriff's Office's desire to fire her. Nothing like that appears in Emerson's complaint. Without filling this gap, the mere fact that Emerson filed a workers' compensation claim five years before she was fired falls short of stating a plausible claim for relief.²

Compare Emerson's complaint with the facts alleged in Brooks, 729 F.3d at 768. There, Brooks was fired eleven years after he had filed his workers' compensation claim with the IWCC. See id. But Brooks highlighted more recent developments in the workers' compensation case that might have played a role in his firing. For example, a new company had acquired...