7th Circuit Case Commentaries

No Qualified Immunity for “Bait” Tactics After Credible Prison-Rape Report; Damages Must Track the Onset of Deliberate Indifference

Date: Mar 3, 2026

No Qualified Immunity for “Bait” Tactics After Credible Prison-Rape Report; Damages Must Track the Onset of Deliberate Indifference Case: Andrea Nielsen v. Todd Sexton, et al. (appeals from C.D....

Eighth Amendment “Bait” Investigations: Obvious Unconstitutionality, No Qualified Immunity, and Damages Must Track When Deliberate Indifference Began

Date: Mar 3, 2026

Eighth Amendment “Bait” Investigations: Obvious Unconstitutionality, No Qualified Immunity, and Damages Must Track When Deliberate Indifference Began I. Introduction This Seventh Circuit decision...

Eighth Amendment Failure-to-Protect: “Bait” Investigations Are Obviously Unreasonable, and Damages Must Track the Timing of Deliberate Indifference

Date: Mar 3, 2026

Eighth Amendment Failure-to-Protect: “Bait” Investigations Are Obviously Unreasonable, and Damages Must Track the Timing of Deliberate Indifference 1. Introduction This Seventh Circuit decision...

Conservative Treatment of Reducible Hernias Does Not Amount to Deliberate Indifference Absent a Serious Departure from Professional Judgment

Date: Mar 3, 2026

Conservative Treatment of Reducible Hernias Does Not Amount to Deliberate Indifference Absent a Serious Departure from Professional Judgment Introduction In Cornelius Brown v. Reynal Caldwell (7th...

Qualified Immunity for Brief, Pre-Warrant “Welfare-Check” Entries Under the Emergency-Aid Exigency

Date: Feb 27, 2026

Qualified Immunity for Brief, Pre-Warrant “Welfare-Check” Entries Under the Emergency-Aid Exigency Case: Johnnie Russell v. Ryan Comstock (appeal limited to Colin Powell) Court: Court of Appeals for...

Seventh Circuit: Pro Se Trustees Cannot Litigate for Trusts; “Original Signature” and § 1666 Notice Requirements Bar “Bill of Exchange” Theories

Date: Feb 27, 2026

Seventh Circuit: Pro Se Trustees Cannot Litigate for Trusts; “Original Signature” and § 1666 Notice Requirements Bar “Bill of Exchange” Theories Case: Jordan Talley-Smith v. Mission Lane, LLC Court:...

Proof of Subjective Knowledge and Causation as Gatekeepers for Unsanitary-Cell Deliberate-Indifference and Retaliation Claims

Date: Feb 27, 2026

Proof of Subjective Knowledge and Causation as Gatekeepers for Unsanitary-Cell Deliberate-Indifference and Retaliation Claims Introduction In Robert Hall v. Amy Wykes, et al. (7th Cir. Feb. 24, 2026)...

Seventh Circuit Requires Evidentiary Hearing When a Citation Respondent Pays a “Hypothetical” Severance Derived from Expired Options and Offsets Junior Debt

Date: Feb 25, 2026

Seventh Circuit Requires Evidentiary Hearing When a Citation Respondent Pays a “Hypothetical” Severance Derived from Expired Options and Offsets Junior Debt Introduction United States v. Thomas...

Service-Level Enlistment Standards May Exceed DoD Minimums, and State Expungements Need Not Be Honored in Federal Military Eligibility Decisions

Date: Feb 22, 2026

Service-Level Enlistment Standards May Exceed DoD Minimums, and State Expungements Need Not Be Honored in Federal Military Eligibility Decisions Case: Eric Smith v. Daniel P. Driscoll Court: U.S....

Duration-Driven Liberty Interests at Screening: Long Segregation Requires Fact Development and Predetermined Prison Hearings Violate Due Process

Date: Feb 22, 2026

Duration-Driven Liberty Interests at Screening: Long Segregation Requires Fact Development and Predetermined Prison Hearings Violate Due Process 1. Introduction This Seventh Circuit appeal arises...

Strategic Silence as Waiver in Supervised-Release Revocations: Confrontation Objections to Body-Camera Hearsay and Waiver of Release Conditions

Date: Feb 20, 2026

Strategic Silence as Waiver in Supervised-Release Revocations: Confrontation Objections to Body-Camera Hearsay and Waiver of Release Conditions Introduction In United States v. Sheldon Bains (7th...

Trover v. Oglesby: Skeletal Briefing Forfeits the “Clearly Established” Prong of Qualified Immunity; Rule 37(e)(2)(A) Adverse Inference Requires Intent to Deprive

Date: Feb 20, 2026

Trover v. Oglesby: Skeletal Briefing Forfeits the “Clearly Established” Prong of Qualified Immunity; Rule 37(e)(2)(A) Adverse Inference Requires Intent to Deprive I. Introduction Marleis Trover, as...

Bad-Faith Serial Bankruptcy Filings: In Rem Stay Relief, Merits Preclusion, and Waiver on Appeal

Date: Feb 20, 2026

Bad-Faith Serial Bankruptcy Filings: In Rem Stay Relief, Merits Preclusion, and Waiver on Appeal 1. Introduction Yang Shao v. Customers Bank (7th Cir. Feb. 18, 2026) arises from a lender’s effort to...

Withdrawing Guilty Pleas on “Rushed Signing” and Medication Grounds Requires Objective Proof of Impairment—Demeanor and Rule 11 Admissions Control Even Absent an Express Medication Question

Date: Feb 18, 2026

Withdrawing Guilty Pleas on “Rushed Signing” and Medication Grounds Requires Objective Proof of Impairment—Demeanor and Rule 11 Admissions Control Even Absent an Express Medication Question Case:...

“No Recall” Does Not Defeat a Protocol-Based Presumption of Arbitration Assent

Date: Feb 15, 2026

“No Recall” Does Not Defeat a Protocol-Based Presumption of Arbitration Assent Introduction Jim Rose and Anita Gian bought Mercedes-Benz vehicles equipped with “mbrace,” a subscription telematics...

Title VII Religious Accommodation After COVID Orders: Testing Objections Must Be Religious, and Employers Need Not Violate Binding Executive Orders

Date: Feb 15, 2026

Title VII Religious Accommodation After COVID Orders: Testing Objections Must Be Religious, and Employers Need Not Violate Binding Executive Orders Introduction Latosha Bowlin, Nicole Potthast, and...

Retroactive Application of MVRA-Extended Fine-Collection Liability Under 18 U.S.C. § 3613(b) Does Not Violate the Ex Post Facto Clause When Liability Had Not Expired

Date: Feb 15, 2026

Retroactive Application of MVRA-Extended Fine-Collection Liability Under 18 U.S.C. § 3613(b) Does Not Violate the Ex Post Facto Clause When Liability Had Not Expired Introduction In Arturo Solis v....

Rehabilitation Act Retaliation Requires But-For Causation (Not “Solely By Reason Of”)

Date: Feb 15, 2026

Rehabilitation Act Retaliation Requires But-For Causation (Not “Solely By Reason Of”) Case: Jennifer Shirk v. Trustees of Indiana University, et al. (No. 22-3212) Court: United States Court of...

Illinois “Other Insurance” Clauses: Leasing Counts as “Hired or Borrowed,” “Insured Contract” Requires Assumption of Another’s Negligence, and No “Super-Excess” Tier

Date: Feb 13, 2026

Illinois “Other Insurance” Clauses: Leasing Counts as “Hired or Borrowed,” “Insured Contract” Requires Assumption of Another’s Negligence, and No “Super-Excess” Tier Case: Great West Casualty Co. v....

Rejecting “Super-Excess” and Limiting “Insured Contract” Overrides: Equal Priority Where Both Motor-Carrier Policies Are Excess

Date: Feb 13, 2026

Rejecting “Super-Excess” and Limiting “Insured Contract” Overrides: Equal Priority Where Both Motor-Carrier Policies Are Excess Introduction Great West Casualty Co. v. Nationwide Agribusiness...