7th Circuit: Officer not entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
7th Circuit Court of Appeals
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Court orders more proceedings on waiver moves
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
Company must sign collective bargaining agreement
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
Split 7th Circuit affirms child abuse, firearms convictions
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
7th Circuit: Company responsible for debts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.
Appeals court to hear ex-Subway pitchman’s appeal May 20
A federal appeals court in Chicago has set a May hearing for former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence in a child sex abuse and pornography case.
7th Circuit affirms COA sentence in split decision
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
7th Circuit: Woman who lost case still entitled to attorney fees
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
7th Circuit reverses ruling in favor of prison guard
The 7th Circuit Court of Appeals vacated a District Court decision that dismissed a prisoner’s First Amendment claims and granted immunity to the guard mentioned in his Eighth Amendment claims.
7th Circuit seeks public comment on civil jury instructions
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
7th Circuit: Prisoner denied due process
The 7th Circuit Court of Appeals ruled a prisoner could not defend the possession of heroin charge against him and thus remanded his case for rehearing.
Feds cite Fogle’s quest for teens for sex in appeal reply
A federal judge acted properly in sentencing former Subway pitchman Jared Fogle to more than 15 years in prison, prosecutors said in a response to his appeal in which they cited text messages illustrating his multiple efforts to find teenagers for sex.
7th Circuit: Horse racing venture was a business
An Indiana man who ran a horse racing business had his tax deficiencies for the 2005 and 2006 tax years voided by the 7th Circuit Court of Appeals after Judge Richard Posner ripped apart an opinion by the U.S. Tax Court.
7th Circuit: Copyright suit not timely
The 7th Circuit Court of Appeals ruled a health care corporation’s attempt to gain back its copyright from materials it created to market a diabetes drug was not timely and affirmed dismissal of the suit.
7th Circuit: Prison honor program does not discriminate
The 7th Circuit Court of Appeals affirmed dismissal of an Indiana prisoner’s claim that he wasn’t being provided equal protection compared to prisoners who are in an inmate “honor program” because he failed to state a claim.
Conour victims ask 7th Circuit for fees awarded to creditor
Judges on the 7th Circuit Court of Appeals appeared sympathetic to victims of former attorney William Conour during oral arguments Wednesday over legal fees that a District Court judge ordered paid to a Conour creditor rather than to defrauded clients who were shut out of the case.
7th Circuit: 4th, 6th Amendment rights not violated in gun case
The 7th Circuit Court of Appeals said a firearm discovered by police was not the product of an illegal seizure and affirmed the denial of a man’s motion to suppress it. The court also held the statement he gave to police did not violate his Sixth Amendment right to counsel.
7th Circuit: No discrimination in firing
The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.
Man can sue prison for failure to protect him
The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.
7th Circuit: State immune from FLSA suit
The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.