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Opinions Aug. 3, 2015

August 3, 2015

7th Circuit Court of Appeals
The following opinions were posted after IL deadline Friday:

Louise Milan v. Billy Bolin, in his individual capacity as Evansville Police Department Chief, et al.
15-1207
Appeal from the U.S. District Court, Southern District of Indiana, Evansville Division
Judge William Lawrence
Civil. Affirms denial of summary judgment in favor of the Evansville police defendants on Louise Milan’s claim of excessive use of force resulting from a SWAT team raid on her house initiated with the use of flash-bang grenades. Denial of the defendants’ motion for summary judgment is reasonable considering the use of flash bangs, the skimpy basis for the search and its prematurity, and the failure to conduct a more extensive investigation.


Shelia B. Stepp v. Carolyn Colvin, acting commissioner of Social Security
14-3163
Appeal from U.S. District Court, Southern District of Indiana, Terre Haute Division
Judge William Hussmann Jr.
Civil. Affirms that administrative law judge properly analyzed the range of conflicting testimony and medical opinions to reach a conclusion adequately supported by the record. Reverses the denial by the Social Security Administration’s Appeals Council, finding the council erred in determining that treatment notes from Allan MacKay M.D. were not new and material. Rules the council’s “abstruse signals” are insufficient to demonstrate MacKay’s treatment notes were considered. Remands for re-evaluation of Stepp’s condition in light of MacKay’s diagnosis.   
 

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