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Gene Van Antwerp v. City of Peoria, Illinois

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ARGUED OCTOBER 29, 2010

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

After working as a patrol officer for the Peoria Police Department for eighteen years, Gene Van Antwerp applied for a transfer to a technician position in the Department’s Crime Scene Unit. He was interviewed and selected, but the Department subsequently withdrew his transfer, purportedly because the position did not become available as planned. Four months later, the Department conducted additional in- terviews and offered the technician opening to another officer. Believing the Department discriminated against him on account of his age and national origin when it rescinded his transfer, Van Antwerp filed a discrimination claim in federal district court. The City of Peoria, representing the Department, moved for summary judgment, and the district court ruled in favor of the City. Van Antwerp appealed only the grant of summary judgment on his age discrimination claim. Because Van Antwerp’s evidence does not point directly to a discriminatory reason for the Department’s actions, we affirm the judgment below.

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