conspiracy the purpose of the conspiracy was to injure mr christian that there were special damages and that certainly there was no immunity based on the seem as though what you might be describing is sort of your average political turf war right where the licensing boards used to get to do their own licensing and then that was taken away from them for the reasons you're describing kind of put in the separate thing and they want it back and  so and that happens all the time it is reads to me as though at least one very plausible explanation for what happened here was just a good old fashioned political turf war and so how do you kind of disentangle that from the claim you're trying to make it wasn't about the politics  actual interviews mr krishan was interviewed one time for three completely different positions with different duties and the scores of the individuals that were already interim were perfect cross the board  caucasian there's other evidence we presented where very other white individuals were given preferential treatment after the row that's something else that's not looked at and the procedural analysis  to motion but we believe it was all your sort of demotion home but nonetheless we believe that there's that evidence showing that there was preferential treatment of call patients over african americans even at that  seventh circuit is labeled and applied it is different from what we do in the fourth circuit i mean haven't we already said that you look at all the evidence together on the talent every so you understand this t is hopefully we can reserve five minutes for her to really speak on behalf of the individual defendants and within ten is also here representing the kit individual defendants this case is about circumstantial evidence there's no direct evidence of discrimination in this case no one has been alleged and what i want to do is talk about how this circuit history of circumstantial evidence and have a convincing mosaic theory works in the seventh circuit and show that what they believe it just is not sufficient under either standard mr prime not going to go into a lot of tail about the facts i think they're covered very well in the briefs i will say there were twenty five depositions taken in this case which is a lot of depositions for an individual discharge case there were thousands of documents suppl and after looking at all that what the planet has come up with is very very unpersuasive one thing i would like to know is miss templeton was a new player she arrived in january of two thousand and eleven and much of what the plaintiff complained about happened years or even a year before so she we're looking at her she's the one who made this decision the question before was was it a political problem and the answer is yes it was this was a highly controversial there for over forty boards and commissions all the members are members of professions almost all of whom are part are appointed by the state legislature there are often acted when they have a problem they call the just said it was like having three hundred many legislators and so it was a political problem and it wasn't just the boards in the legislature there were to decide is that there was a legitimate question and the employer did what they could miss templeton did what she could try to we were going notch this particular agency to make it work better is for us the methodology the layoff she conducted five other layoffs the same year trying to move around different parts of that agency this was the biggest one no doubt but every single one of them used the real methodology to move people around when people when this rift occurred virtually everyone in this department was immediately placed in another department at the same pat ma'am i'll have freely admit that there were several like mr christian who were offered jobs a of reduction he immediately applied for a new job and was turned down and he kept offline and eventually started moving back up it was a significant reduction down we're not arguing that but that's the way that your works and that was a significant reduction but there's no evidence that it was based on mr christian right yes now mr christian thinks that the whole thing was directed at him personally but when you look at the big picture it's just that's just not a reasonable assumption now that if you look at how put together the riff with what happens next we look at those yeah i would like that but i always did much better after the well they did not do much better when you look at that this is this is the problem with so much evidence that's being presented in this case by claiming it's not admissible evidence under rule fifty six the plaintiff based his evidence on what happened after the layoffs on the testimony of the planet and a witness called sherry wells and the plaintiffs had the plaintiff had no firsthand knowledge of what happened to this he said it was based on common knowledge in agency and when he was asked specifically what happened he said he had no evidence which will ensure wilson was asked the source of her knowledge of what happened to these people after the l exactly when these people moved where everyone of them with laid off it he originally said robbie bowen wasn't even laid off well yes he was he was retire in september of two thousand and eleven and one on one hard to retire until january of two thousand and twelve that what the records show that we put in evidence so your so your response is not that oppose the actual the actual record so the question was asked earlier is the convincing mosaic theory different than what we did here in surface it's not in this sort of circumstantial evidence obviously has got to be admissible opinions that around support and are not circumstantial evidence hearsay it's not circumstantial not the effect of the argument you know well that without the real evidence without looking at the real evidence this woman was laid off while everyone noted in april of two thousand she lost her job she lost her paycheck completely and the only way she got back in that agency was to get on online and look at the state jobs available and continue to apply for them until one became a better she didn't get promoted she just got a job so the place allegations that she was one of those who actually were so you've got to actually pull the records and see when she went off the payroll and why when she came back on the better one and we've got firsthand knowledge in there that's what happened and that's no evidence of preferential treatment it's not it's not prohibitive at all i don't think if you look at the exact percentage of the people who were subject to the risk and there's no evidence at all that rage played any portion even role at all not i  mean there's it's just and then we had other people who went out the door completely i mean they were basically a lot they were first and they ha preference for rehire i think for a year but that they were happy to do were everybody african american and white and we don't know that we don't know how many african i would like to point out a couple of cases very quickly  if katherine templeton met with somebody that doesn't mean anything unless it raises a prop below that something bad happens we've got a lot of cases in here say it was not allowable i we've got a lot of hearsay evidence that we've covered in our brief opinions that are not supported by specific facts or allowable if you apply a convincing mosaic theory the cases cited in the hot good  when he was five so i'm going to step in his place temporarily and david christian can do that because he was still running or c s so the person that stepped in was charlie i now mark he would have been mallett was actually serving temporarily as the assistant director he had been doing that job for two years and the other job was the one with m cook mr cook drug diversion throughout the drug diversion a drug diversion and he had been running those investigators in a different capacity for good wow so and i might have been that out the goal here was to conduct a risk coding to the procedures of the river and allow people to move as jobs that they were the best qualified for came up and that was the goal here appellant allegations of civil conspiracy are speculative they are clear story and they fail to establish the elements necessary to support a civil conspiracy claim the district court correctly adopted the judge's report and recommendation incorrectly granted summary judgment for four main reasons now set those four reasons out first reason is the appellant fail to show any additional acts and burdens of the conspiracy which would be separate and apart from his other causes of action sufficient to constitute a conspiracy that's the first one the second because the appellant is not a dead or present evidence of special damages which is required in a civil conspiracy case the third reason is the appellant can provide no evidence of the individual defendants acting outside the scope of their official duty therefore they are immune from actions and then finally the fourth reason is the act helen has presented no evidence showing that the primary purpose in dissolving the o l c was to injure him as this court is well aware in order to prove a social conspiracy it must be a combination of two or more persons joining for the purpose of injuring the playing to and causing special damages and not to address each of those four reasons when a little bit more detail with regard to the first reason as to why a summary judgment was appropriate district court master judge stated in her recommendation of the district court to the end of this report correctly adopted claim must allege additional facts and urbanites of the conspiracy rather than real ledge the other claims which is exactly what we have in this case the appellant in response invited the court to review the circumstantial evidence so forth in his title seven claim and his objections to the match this report and recommendation and we would enter science to that position we would refer to the united states versus bales which says arguments incorporated by reference not be considered on appeal with regard to our second reason that the summary judgment it was granted properly for the individual  prove the silver conspiracy there must be additional facts that are separate and apart from the title seven why why is there i under the civil conspiracy but that three elements that must but alternative or parallel yes your honor i see that my time is almost expired mary respond to your last question with regard to your question i would refer to your honor to the certainly individuals the witnesses could necessarily pendejo who said it or what but i think it showed a kind of racial atmosphere there and a lark that being the comment about  support that and i do want to talk about preferential treatment briefly oh all mr bolen is interesting because he went on the post until i asked him about the organizational chart he was supposed to report that in for me where is that in the records or do you make this is there but we're looking for a some kind of statistical comparison and after that this percent of african american people landed on their feet in commensurate positions and this percent of white employees did but i don't see that in was actually positions that maybe miss wilson had applied for and didn't get even though she was better qualified or miss a better grade because of that now while it may not be a failure from our client in that instance all pulled together and i can find the numbers but yours the percentage and here's the point of comparison percentage where is that and isn't that sort of your burden to pull that together oh i can't say that we have the percentages for post memorandum as well oh i'm so so there's it's not just that hey she got a job post real for those african americans that didn't get sick if it was a couple months later they still got preferential treatment they use retire three days later certainly there are some individuals because of her tension points which is required prostate law when they have the real plan but those individuals didn't have a job