Pourghoraishi, Ahmma v. Flying J Inc

In the
United States Court of Appeals
FOR THE SEVENTH CIRCUIT
CHICAGO, ILLINOIS 60604
May 25, 2006
Before
Honorable JOEL M. FLAUM, Chief Judge
Honorable FRANK H. EASTERBROOK, Circuit Judge
Honorable ILANA DIAMOND ROVNER, Circuit Judge
No. 05-1107
AHMMAD POURGHORAISHI, )
) Appeal from the United States
Plaintiff-Appellant, ) District Court for the
) Northern District of Indiana,
v. ) Hammond Division
) No. 2: 03-CV-269
FLYING J., INC., STEVE LINDGREN )
LARRY WILLIAMS, CITY OF GARY, ) Hon. Rudy Lozano, Judge.
INDIANA, and )
NAKON SECURITY, INC. )
)
Respondent-Appellee.)
ORDER
Upon consideration of PLAINTIFF-APPELLANT’S PETITION FOR
PANEL REHEARING, filed May 4, 2006, by counsel for the appellant Ahmmad
Pourghoraishi,
IT IS ORDERED that the petition is denied. The court, however, makes the
following corrections to the opinion:
1
2 No. 05–1107
The final paragraph of the opinion shall be replaced with the following:
For the reasons asserted above, we affirm the district court’s grant of
summary judgment for the Flying J, Steve Lindgren, and Nakon Security on the §
1981 claims, reverse the grant of summary judgment for the Flying J, Steve
Lindgren, and Nakon Security on the relevant state law claims, and reverse the
grant of summary judgment for Officer Williams and the City of Gary, Indiana, on
the claims brought under 42 U.S.C. § 1983, and the relevant state law claims. We
remand for further proceedings consistent with this decision. All parties to bear
their own costs.
Footnote 3 on page 15 will be amended to state,
“. . .Furthermore, even if they were, Pourghoraishi has failed the second and third
prongs of the Morris test, so it cannot be determined that Pourghoraishi was denied
the opportunity to contract on the basis of his race as opposed to some other
ground.”