7th Circuit Case Commentaries

Affirmation of Qualified Immunity in Excessive Force Claims: Escobedo v. City of Fort Wayne

Date: Dec 14, 2012

Affirmation of Qualified Immunity in Excessive Force Claims: Escobedo v. City of Fort Wayne Introduction The case of Estate of Rudy Escobedo v. Officer Brian Martin, et al. (702 F.3d 388, 7th Cir.,...

Seventh Circuit Declares Illinois Public Carry Restrictions Unconstitutional under the Second Amendment

Date: Dec 12, 2012

Seventh Circuit Declares Illinois Public Carry Restrictions Unconstitutional under the Second Amendment Introduction In the landmark case of Moore v. Madigan, the United States Court of Appeals for...

Probable Cause and Qualified Immunity in Warrantless Arrests within Shared Residential Areas

Date: Dec 11, 2012

Probable Cause and Qualified Immunity in Warrantless Arrests within Shared Residential Areas Introduction In the case of Harney and Muldoon v. City of Chicago and Officer Joseph Midona, decided by...

Retaliation Claims Under 42 U.S.C. § 1983: Fabrication of Disciplinary Reports and Protected Speech

Date: Dec 6, 2012

Retaliation Claims Under 42 U.S.C. § 1983: Fabrication of Disciplinary Reports and Protected Speech Introduction The case of Nathan Antoine v. Anthony Ramos, et al. (497 F. App'x 631) adjudicated by...

Class Action Certification under ERISA: Insights from Johnson v. Meriter Health Services

Date: Dec 5, 2012

Class Action Certification under ERISA: Insights from Johnson v. Meriter Health Services Introduction The case of Phyllis Johnson, et al. v. Meriter Health Services Employee Retirement Plan and...

Establishing Liability for Failure to Intervene in §1983 Claims: Insights from Sanchez v. City of Chicago

Date: Dec 4, 2012

Establishing Liability for Failure to Intervene in §1983 Claims: Insights from Sanchez v. City of Chicago Introduction Efrain Sanchez v. City of Chicago, 700 F.3d 919 (7th Cir. 2012), is a...

Government Contractor Defense Affirmed in Ruppel v. CBS Corporation

Date: Dec 1, 2012

Government Contractor Defense Affirmed in Ruppel v. CBS Corporation Introduction In Henry Ruppel v. CBS Corporation, the United States Court of Appeals for the Seventh Circuit addressed pivotal...

Affirmation of State Court Decisions Upholding Sixth Amendment Rights in Thompkins v. Pfister

Date: Nov 30, 2012

Affirmation of State Court Decisions Upholding Sixth Amendment Rights in Thompkins v. Pfister Introduction Thompkins v. Pfister, 698 F.3d 976 (7th Cir. 2012), is a pivotal decision by the United...

7th Circuit Affirms Qualified Immunity for Police in Disorderly Conduct Arrests Amid Ordinance Challenges

Date: Nov 28, 2012

7th Circuit Affirms Qualified Immunity for Police in Disorderly Conduct Arrests Amid Ordinance Challenges Introduction In the case of Andy Thayer, et al. v. Ralph Chiczewski, et al. (705 F.3d 237),...

Reaffirmation of Summary Judgment Standards in Title VII Discrimination and Retaliation Claims

Date: Nov 22, 2012

Reaffirmation of Summary Judgment Standards in Title VII Discrimination and Retaliation Claims Introduction In the case of Josalynn M. Brown and Carolyn Wilson v. Advocate South Suburban Hospital and...

Duty to Defend and Indemnify in Wrongful Conviction Cases: Northfield Ins. Co. v. City of Waukegan

Date: Nov 22, 2012

Duty to Defend and Indemnify in Wrongful Conviction Cases: Northfield Ins. Co. v. City of Waukegan Introduction In the case of Northfield Insurance Company and St. Paul Fire & Marine Insurance...

Non-Custodial Interviews and Inevitable Discovery: The United States v. Pelletier Decision

Date: Nov 22, 2012

Non-Custodial Interviews and Inevitable Discovery: The United States v. Pelletier Decision Introduction United States v. Dominick Pelletier, 700 F.3d 1109 (7th Cir. 2012), is a pivotal case that...

Affirmation of Due Process and Eighth Amendment Standards in Detention and Medical Care: Holloway v. Delaware County Sheriff

Date: Nov 21, 2012

Affirmation of Due Process and Eighth Amendment Standards in Detention and Medical Care: Holloway v. Delaware County Sheriff Introduction Shane A. Holloway, Sheriff of Delaware County, Leanna R. St....

Seventh Circuit Establishes Application of Mailbox Rule and Burden of Proof in AEDPA Statutory Tolling

Date: Nov 20, 2012

Seventh Circuit Establishes Application of Mailbox Rule and Burden of Proof in AEDPA Statutory Tolling Introduction The case of Elliot D. Ray v. Marc Clements (700 F.3d 993) adjudicated by the United...

Title VII Religious Accommodation in Employment: Analysis of Porter v. City of Chicago

Date: Nov 9, 2012

Title VII Religious Accommodation in Employment: Analysis of Porter v. City of Chicago Introduction The case of Latice Porter v. City of Chicago, decided by the United States Court of Appeals for the...

Limits of Bivens: The VANCE v. RUMSFELD Decision and Its Implications for Military Accountability

Date: Nov 8, 2012

Limits of Bivens: The VANCE v. RUMSFELD Decision and Its Implications for Military Accountability Introduction The case of Donald Vance and Nathan Ertel v. Donald H. Rumsfeld and The United States of...

Rigorous Causation and Pleading Standards Affirm Summary Judgment in Anderson v. USPS

Date: Oct 27, 2012

Rigorous Causation and Pleading Standards Affirm Summary Judgment in Anderson v. USPS Introduction In the case of John D. Anderson v. Patrick R. Donahoe, Postmaster General of the United States...

Establishing Private Rights Under Medicaid's Free Choice of Provider: Planned Parenthood of Indiana v. Commissioner of Indiana State Dept. of Health

Date: Oct 24, 2012

Establishing Private Rights Under Medicaid's Free Choice of Provider: Planned Parenthood of Indiana v. Commissioner of Indiana State Dept. of Health Introduction In the landmark case Planned...

Qualified Immunity Upholds Defendants in Juvenile Detention Suicide Prevention Case: Analysis of Miller v. Harbaugh et al., 698 F.3d 956

Date: Oct 20, 2012

Qualified Immunity Upholds Defendants in Juvenile Detention Suicide Prevention Case: Analysis of Miller v. Harbaugh et al., 698 F.3d 956 Introduction The case of Cheryl Miller, Plaintiff–Appellant,...

Ensuring the Right to Present a Complete Defense: Compulsory Process and Child Witness Competency in Harris v. Thompson

Date: Oct 19, 2012

Ensuring the Right to Present a Complete Defense: Compulsory Process and Child Witness Competency in Harris v. Thompson Introduction Harris v. Thompson, 698 F.3d 609 (7th Cir. 2012), is a pivotal...