BENTON - Gregory Clark, a white grandfather of black grandchildren, dismissed a suit claiming American Legion Post 365 in Collinsville fired him for reporting racist comments.
His counsel Sophia Steere of Lombard posted notice on May 17, and Senior U.S. District Judge Phil Gilbert directed the clerk to enter judgment on May 22.
Gilbert found a plaintiff may unilaterally dismiss a suit before an opposing party has answered or moved for summary judgment.
“Unless otherwise stated such dismissals are without prejudice. Here, the notice requests dismissal with prejudice,” he wrote.
Steere’s colleague Nathan Volheim filed Clark’s complaint on March 28.
“Plaintiff is a member of a protected class because he has grandchildren that are African American,” he wrote.
He claimed Post 365 terminated Clark last November.
He added that termination shocked Clark because he was given a favorable review in October.
Post 365 operates at 1022 Vandalia Street.