Silva v. State of Wisconsin, Department of Corrections

Silva, a Brazilian citizen who self-identifies as Latino, worked as a correctional sergeant for the Wisconsin Department of Corrections (DOC). His use of force on an inmate triggered an internal review process and led to his discharge. The individual defendants, the warden, the human resources director, and a Corrections Unit Supervisor played roles in that review process. Silva filed discrimination claims against the DOC under Title VII, 42 U.S.C. 2000e–2(a)(1), against the individual defendants and the DOC under 42 U.S.C. 1983, alleging a violation of the Equal Protection Clause, and against all defendants under 42 U.S.C. 198. The Seventh Circuit reversed the award of summary judgment to the DOC on the Title VII claim and to the warden on plaintiff’s equal protection claim but otherwise affirmed. A reasonable jury could conclude that Silva and another correctional officer engaged in comparably serious conduct but Silva was discharged while the other officer was suspended for one day .A reasonable jury could conclude that the warden’s evolving explanations for the discrepancy support an inference of pretext. Qualified immunity does not shield the warden from liability. The Eleventh Amendment bars the equal protection claim against the DOC View "Silva v. State of Wisconsin, Department of Corrections" on Justia Law