Todd v. Dominick's Finer Foods
Todd v. Dominick's Finer Foods
Opinion of the Court
ORDER
Thaddeus Todd, Jr., an African American, sued Dominick’s Finer Foods under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981, alleging that the company discriminated against him on the basis of race when it failed to promote him, refused him a raise, and eventually discharged him. The district court granted summary judgment in favor of Dominick’s, concluding that Todd presented no direct evidence of discrimination and insufficient evidence to establish a prima facie case under the burden-shifting approach in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).
On appeal Todd principally argues that his trial counsel’s ineffective assistance sabotaged his case. However, we need not address the merits of this argument, because ineffective assistance of counsel cannot be grounds for reversal in civil matters. See United States v. 7108 W. Grand Ave., Chicago, III., 15 F.3d 632, 635 (7th Cir. 1994). Todd’s remedy for his counsel’s allegedly unethical or grossly negligent behavior is a malpractice action against his counsel and not another shot at a trial against Dominick’s. Stanciel v. Gramley, 267 F.3d 575, 581 (7th Cir. 2001).
Todd’s only comment on the merits of the summary judgment ruling is that the district court’s decision was “incom
AFFIRMED.
Reference
- Full Case Name
- Thaddeus TODD, Jr. v. DOMINICK'S FINER FOODS
- Status
- Published