7th Circuit Court of Appeals

Southern District launches initiative to help pro se litigants

March 23, 2016
Marilyn Odendahl
In response to a series of cases remanded from the 7th Circuit Court of Appeals, the Southern District of Indiana is attempting to recruit more volunteer attorneys and, in what one observer called a “very progressive” approach, enlist medical professionals to offer expert testimony.
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House always wins: Court upholds sentence of man trying to launder money at casino

March 21, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld the denial of four motions to suppress evidence and exclude expert testimony in a case where a man was caught trying to launder money by stuffing the bills into a slot machine at the Horseshoe Casino in Hammond.
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Long-running case over subdivision plan decided

March 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals decided a case that dragged on in the federal court system for nine years Thursday.
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Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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7th Circuit: Woman has no claim for tortious interference

March 16, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana Southern District Court ruling throwing out a woman’s suit against her employer because she failed to state a claim for tortious interference under Indiana law.
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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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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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