7th Circuit Court of Appeals

Disability denial reversed due to 'fatally weak testimony'

March 14, 2016
Dave Stafford
The latest in a string of appeals critical of the denial of Social Security disability benefits resulted in reversal of a ruling against the worker Monday. The 7th Circuit Court of Appeals held the district court's ruling affirming denial of benefits was “not a reasonable analysis of the plaintiff's claim.”
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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7th Circuit: Plea agreement not breached by government

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Judge’s sentencing process does not violate due process

March 9, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
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State appealing ruling in Syrian refugee lawsuit

March 8, 2016
IL Staff
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
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Female judges recognized for women’s history month

March 7, 2016
IL Staff
The United States Court System is celebrating Women’s History Month with a series of videos on women in the federal courts throughout March, including 7th Circuit Court Judge Ann Claire Williams.
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Man can’t appeal piracy conviction

March 4, 2016
Scott Roberts
A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.
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7th Circuit rejects group's I-69 challenges

March 4, 2016
Scott Olson
The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.
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Court denies summary judgment in excessive force case

March 2, 2016
Scott Roberts
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
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7th Circuit: Developer's appeal is frivolous

March 1, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
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14th Amendment rights not violated by voice test

February 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a man’s 14th Amendment rights were not violated when he was asked to take a voice stress test as part of an administrative investigation into possible wrongdoing as a police officer.
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7th Circuit upholds convictions, orders resentencing

February 24, 2016
Scott Roberts
The 7th Circuit Court of Appeals on Tuesday upheld a man’s convictions for armed bank robbery, brandishing a firearm during a crime of violence and possession of a firearm after a felony conviction but vacated his sentence due to the district court’s erroneous application of two different sentencing enhancements.
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7th Circuit remands disability case over ALJ's findings

February 23, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals remanded a case to the Social Security Administration after finding the administrative law judge’s credibility analysis was flawed.
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7th Circuit dismisses appeal due to waiver

February 22, 2016
Scott Roberts
The 7th Circuit Court of Appeals dismissed a man’s  appeal of his 21-month sentence and three years of supervised release because he waived his right to appeal in district court. Circuit Judge David Hamilton said the court didn’t see any reason to overlook the waiver.
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7th Circuit reverses, remands motion to suppress evidence

February 19, 2016
Scott Roberts
The 7th Circuit Court of Appeals reversed the denial of a motion to suppress evidence after police found heroin in a man’s car and remanded the case to district court because the police had no probable cause to pull over the car in the first place.
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Majority finds no violation of deceased inmate's 8th Amendment rights

February 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
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Court affirms murder, accessory convictions

February 18, 2016
Scott Roberts
The 7th Court of Appeals affirmed charges of first-degree murder and accessory after the fact to the murder against two federal prison inmates after each appealed the sufficiency of the evidence underlying their convictions.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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7th Circuit disagrees with ALJ that woman is able to work

February 9, 2016
Marilyn Odendahl
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
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Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016
Marilyn Odendahl
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
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7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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