MADIGAN v. LEVIN

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Case Basics
Docket No. 
12-872
Petitioner 
Lisa Madigan et al.
Respondent 
Harvey N. Levin
Decided By 
Advocates
(Illinois Solicitor General, for the petitioners)
(for the respondent)
Term:
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.

Question 

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?

Conclusion 
Decision: 0 votes for dismissal, 0 vote(s) against
Legal provision: None

Unanswered. In an unsigned, per curiam opinion, the Court dismissed the case as improvidently granted.

Cite this Page
MADIGAN v. LEVIN. The Oyez Project at IIT Chicago-Kent College of Law. 29 July 2014. <http://www.oyez.org/cases/2010-2019/2013/2013_12_872>.
MADIGAN v. LEVIN, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2013/2013_12_872 (last visited July 29, 2014).
"MADIGAN v. LEVIN," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 29, 2014, http://www.oyez.org/cases/2010-2019/2013/2013_12_872.