William Lee, Sr. v. City of Elkhart, 602 F. App'x 335

Background

William Lee, an Elkhart police officer with prior disciplinary incidents (2007–2010), was placed on administrative leave while the department investigated new misconduct allegations and ultimately was fired after a Board of Public Safety hearing in Feb. 2011.
Lee sought FMLA leave asserting PTSD from involvement in two shootings and related stress; he submitted an FMLA physician’s certification completed by psychologist Dr. Richard Hubbard.
Dr. Hubbard’s certification did not diagnose PTSD, stated Lee was no longer under his care, noted no continuous incapacity but listed possible episodic flare-ups, and relied on sessions that ended five weeks earlier.
Lee later consulted Dr. Stephanie Wade, who diagnosed PTSD, but Lee did not submit that diagnosis or an FMLA form to the employer or present it at the termination hearing.
The City never processed Lee’s FMLA application because HR did not forward the certification to the Board; the Board considered substantiated misconduct and prior discipline and terminated Lee.
Lee sued under the FMLA for interference and alleged a § 1983 conspiracy by Chief Pflibsen and Dr. Hubbard to delay diagnosis; the district court granted summary judgment to defendants and the Seventh Circuit affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lee was entitled to FMLA leave for a "serious health condition"	Lee: PTSD qualifies and Dr. Hubbard’s certification raised a factual issue about continuing treatment and episodic incapacity	City: Certification did not establish a serious health condition or inability to work; no adequate contemporaneous certification or notice of need	Court: No — certification did not show a serious health condition or ongoing treatment supporting FMLA leave
Whether the City interfered with FMLA rights by failing to act on the application	Lee: City’s inaction denied him FMLA benefits	City: Even if processed, evidence shows misconduct would have led to termination; no prejudice from any delay	Court: No actionable interference; Lee failed to show entitlement or any resulting harm
Whether Pflibsen and Dr. Hubbard conspired to delay PTSD diagnosis to defeat FMLA leave (§ 1983)	Lee: Officials conspired to prevent his FMLA approval by delaying/withholding diagnosis	Defendants: No evidence of conspiracy; medical reports don’t show intentional delay or falsification	Court: No — conspiracy claim fails because underlying FMLA violation is unsupported
Whether Lee preserved and disputed district court’s harm finding on appeal	Lee: Listed issue but submitted no argument on harm	Defendants: Lee waived the argument by failing to brief it	Court: Waived; independent merit: even if FMLA violation existed, no showing of harm or that FMLA leave would have prevented termination

Key Cases Cited

Makowski v. SmithAmundsen LLC, 662 F.3d 818 (7th Cir. 2011) (FMLA interference standard overview)
Scruggs v. Carrier Corp., 688 F.3d 821 (7th Cir. 2012) (elements for FMLA interference claim)
Pagel v. TIN Inc., 695 F.3d 622 (7th Cir. 2012) (employer may terminate for misconduct notwithstanding FMLA leave)
Cracco v. Vitran Express, Inc., 559 F.3d 625 (7th Cir. 2009) (same: FMLA leave does not shield from misconduct-based discharge)
Franzen v. Ellis Corp., 543 F.3d 420 (7th Cir. 2008) (no prejudice where paid administrative leave replaces FMLA leave)
Ridings v. Riverside Med. Ctr., 537 F.3d 755 (7th Cir. 2008) (prejudice requirement in FMLA interference claims)
Marcatante v. City of Chicago, 657 F.3d 433 (7th Cir. 2011) (argument waived if not briefed on appeal)
Campania Mgmt. Co. v. Rooks, Pitts & Poust, 290 F.3d 843 (7th Cir. 2002) (same waiver principle)
Cefalu v. Village of Elk Grove, 211 F.3d 416 (7th Cir. 2000) (conspiracy claim fails if underlying constitutional violation unsupported)
Thore v. Howe, 466 F.3d 173 (1st Cir. 2006) (same principle applied to § 1983 conspiracy)
Young v. County of Fulton, 160 F.3d 899 (2d Cir. 1998) (same principle applied to § 1983 conspiracy)