Banks v. Chicago Board of Education
750 F.3d 663
7th Cir.2014Background
- Banks, African-American teacher, sued Chicago Board of Education and supervisor Gonzales for Title VII discrimination and retaliation, plus related state and federal claims.
- District court granted summary judgment for defendants on all claims.
- Banks filed a late Rule 59(e) motion (29 days after judgment); district court denied it.
- Bank’s counsel conceded the motion was untimely, so it was treated as a Rule 60(b) motion.
- Rule 59(e) deadline is 28 days; untimely motions cannot toll appeal time; appeal limited to denial of the post-judgment motion.
- The court affirmed the denial of the Rule 60(b) motion and did not address merits of the summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Banks’s post-judgment motion tolled appeal time. | Banks sought relief under Rule 59(e)/(60(b) tolling. | Rule 59(e) deadline untimely; cannot toll appeal time. | No; untimely Rule 59(e) motion treated as Rule 60(b) did not toll appeal. |
| Whether the district court abused its discretion in denying Rule 60(b) relief. | Relief warranted for errors in ruling on hostile environment, adverse action, and Whistleblower Act. | Arguments could have been raised on direct appeal; not error to deny. | No abuse of discretion; arguments could have been raised on direct appeal. |
Key Cases Cited
- Justice v. Town of Cicero, 682 F.3d 662 (7th Cir. 2012) (timing for Rule 59(e) motion is strict; untimeliness cannot be cured)
- Tolano v. Northwestern Med. Faculty Found., Inc., 273 F.3d 757 (7th Cir. 2001) (Rule 60(b) tolling but not when untimely under Rule 59(e))
- Hope v. United States, 43 F.3d 1140 (7th Cir. 1994) (treats untimely Rule 59(e) as Rule 60(b))
- United States v. Deutsch, 981 F.2d 299 (7th Cir. 1992) (cited in Rule 60(b) timing context)
- Mendez v. Republic Bank, 725 F.3d 651 (7th Cir. 2013) (Rule 60(b) relief when appropriate to direct appeal)
- Bell v. Eastman Kodak Co., 214 F.3d 798 (7th Cir. 2000) (Rule 60(b) cannot be used to restart untimely appeals)
- Talano v. Northwestern Med. Faculty Found., Inc., 273 F.3d 757 (7th Cir. 2001) (Rule 60(b) relief limited to extraordinary circumstances)
- Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845 (7th Cir. 2009) (Rule 60(b) abuse-of-discretion standard; extraordinary relief)
- Kiswani v. Phoenix Sec. Agency, Inc., 584 F.3d 741 (7th Cir. 2009) (Rule 60(b)(6) extraordinary remedy; not for merits)
- Gleash v. Yuswak, 308 F.3d 758 (7th Cir. 2002) (Rule 60(b) standards; merits not reached)