7th Circuit Case Commentaries

Administrative-Scheduling Reliance and “Delay” Proof Requirements in Seventh Circuit Eighth Amendment Medical-Care Claims

Date: Feb 12, 2026

Administrative-Scheduling Reliance and “Delay” Proof Requirements in Seventh Circuit Eighth Amendment Medical-Care Claims 1. Introduction In Robert Collins Bey v. Eileen S. Gavin (No. 25-1389), the...

Post-Esteras Revocation Sentencing: Original-Offense References Permitted Only as “Breach of Trust,” Not Retribution

Date: Feb 12, 2026

Post-Esteras Revocation Sentencing: Original-Offense References Permitted Only as “Breach of Trust,” Not Retribution I. Introduction In United States v. Erik Harbin (7th Cir. Feb. 10, 2026)...

Totality-of-the-Record Faretta Waiver: No Formal Hearing Required and Trial Nonparticipation Does Not Revoke Pro Se Status Absent Obstruction

Date: Feb 12, 2026

Totality-of-the-Record Faretta Waiver: No Formal Hearing Required and Trial Nonparticipation Does Not Revoke Pro Se Status Absent Obstruction 1. Introduction United States v. Eunice D. Salley (7th...

HAVA Administrative-Complaint “Non-Decisions” Do Not Create Article III Standing; Organizational Standing Requires Direct Interference with Core Business Activities

Date: Feb 12, 2026

HAVA Administrative-Complaint “Non-Decisions” Do Not Create Article III Standing; Organizational Standing Requires Direct Interference with Core Business Activities I. Introduction Wisconsin Voter...

“We Accept” Is Not Enough: Seventh Circuit Requires Agreement on Party-Defined Material Settlement Terms Before Enforcing an Executory, Contemplated Signed Settlement

Date: Feb 7, 2026

“We Accept” Is Not Enough: Seventh Circuit Requires Agreement on Party-Defined Material Settlement Terms Before Enforcing an Executory, Contemplated Signed Settlement Case: Carina Ventures LLC v....

Qualified Immunity Shields Civil-Detention Visitation Restrictions Absent Clearly Established, Fact-Specific First Amendment Limits

Date: Feb 7, 2026

Qualified Immunity Shields Civil-Detention Visitation Restrictions Absent Clearly Established, Fact-Specific First Amendment Limits Case: Logan Dyjak v. Lana Miller and Kate Patarozzi Court: United...

Reasonable Remediation Efforts Defeat Eighth Amendment Black-Mold Deliberate-Indifference Claims (and No Sixth-Amendment Ineffective-Assistance Theory in Civil § 1983 Trials)

Date: Feb 7, 2026

Reasonable Remediation Efforts Defeat Eighth Amendment Black-Mold Deliberate-Indifference Claims (and No Sixth-Amendment Ineffective-Assistance Theory in Civil § 1983 Trials) Introduction In Michael...

Good-Faith Reliance on Cell-Site-Simulator and CCTV Warrants; Drug Quantity as Sentencing Factor Under §§ 841(a) and 846

Date: Feb 7, 2026

Good-Faith Reliance on Cell-Site-Simulator and CCTV Warrants; Drug Quantity as Sentencing Factor Under §§ 841(a) and 846 Case: United States v. Antonio Carrazco-Martinez (7th Cir. Feb. 5, 2026)...

Rooker–Feldman Does Not Bar FDCPA/TILA Claims Targeting Independent Post‑Judgment Collection Misconduct

Date: Feb 5, 2026

Rooker–Feldman Does Not Bar FDCPA/TILA Claims Targeting Independent Post‑Judgment Collection Misconduct Introduction In Marcus Peck v. First Technology Federal Credit Union (7th Cir. Feb. 3, 2026),...

Turnover Orders as Final Appealable Decisions in Post-Judgment Priority Disputes (Even When Priority Rests on a Non-Final Ruling)

Date: Feb 5, 2026

Turnover Orders as Final Appealable Decisions in Post-Judgment Priority Disputes (Even When Priority Rests on a Non-Final Ruling) I. Introduction Case: Vivek Bedi v. Premium Healthcare Solutions LLC...

Deviation from Specialist Post-Op Recommendations Is Not Deliberate Indifference When Grounded in Medical Judgment and Inmate Can Obtain Routine Supplies

Date: Feb 4, 2026

Deviation from Specialist Post-Op Recommendations Is Not Deliberate Indifference When Grounded in Medical Judgment and Inmate Can Obtain Routine Supplies I. Introduction In Jessie Hatcher v. John...

ERISA Substantial Compliance Requires Plan-Similar “Positive Action”; Unauthorized Fax Request Is Insufficient

Date: Feb 4, 2026

ERISA Substantial Compliance Requires Plan-Similar “Positive Action”; Unauthorized Fax Request Is Insufficient Case: Packaging Corporation of America Thrift Plan for Hourly Employees v. Dena Langdon...

Bank Fraud Under 18 U.S.C. § 1344(2) Requires a Bank-Directed Misrepresentation: Reversing Kickback-Scheme Bank Fraud Convictions Absent a False Statement “Going to a Bank”

Date: Jan 30, 2026

Bank Fraud Under 18 U.S.C. § 1344(2) Requires a Bank-Directed Misrepresentation: Reversing Kickback-Scheme Bank Fraud Convictions Absent a False Statement “Going to a Bank” Case: United States v....

Post-Muldrow “Adverse Action” in Academic Assignments: No ADEA Liability Without Identifiable Harm to Terms and Conditions of Employment

Date: Jan 29, 2026

Post-Muldrow “Adverse Action” in Academic Assignments: No ADEA Liability Without Identifiable Harm to Terms and Conditions of Employment Case: Bakul Dave v. Board of Trustees of Southern Illinois...

Serialization-by-Tradition: 18 U.S.C. § 922(k) Survives Bruen Under Rahimi’s “Principles” Approach

Date: Jan 29, 2026

Serialization-by-Tradition: 18 U.S.C. § 922(k) Survives Bruen Under Rahimi’s “Principles” Approach Case: United States v. Jose Reyna (7th Cir.) Date: January 28, 2026 Holding in brief: Even assuming...

Affirming Above-Guidelines Variances When the Record Shows § 3553(a) Justifications and the Court Relies on Undisputed PSR Facts (Including Overseas Conduct)

Date: Jan 29, 2026

Affirming Above-Guidelines Variances When the Record Shows § 3553(a) Justifications and the Court Relies on Undisputed PSR Facts (Including Overseas Conduct) Case: United States v. Nathan Tauck (No....

§ 1344(2) Bank Fraud Requires a Bank-Directed Falsehood: Genuine Checks Paying Fraudulent Invoices Are Not Enough

Date: Jan 29, 2026

§ 1344(2) Bank Fraud Requires a Bank-Directed Falsehood: Genuine Checks Paying Fraudulent Invoices Are Not Enough Case: United States v. Tonya Robinson Court: Court of Appeals for the Seventh Circuit...

Qualified Immunity Bars “Unbelted Transport/Rough Ride” Claims Absent Clearly Established, Fact-Specific Precedent

Date: Jan 29, 2026

Qualified Immunity Bars “Unbelted Transport/Rough Ride” Claims Absent Clearly Established, Fact-Specific Precedent I. Introduction In O’Neal Johnson v. Ryan Edwards, No. 24-1503, the Seventh Circuit...

“Not Authorized by Law” Means No Legal Permission: Travel Act Bribery via Meeting-Coordination Calls, and Waiver of Omitted Bribery Element by Agreed Instruction

Date: Jan 29, 2026

“Not Authorized by Law” Means No Legal Permission: Travel Act Bribery via Meeting-Coordination Calls, and Waiver of Omitted Bribery Element by Agreed Instruction Case: United States v. Lester Crowder...

Seventh Circuit Tightens Two Gates: No Bivens Failure-to-Protect Remedy and Forfeiture Bars First-Time-on-Appeal Qualified-Immunity Opposition

Date: Jan 29, 2026

Seventh Circuit Tightens Two Gates: No Bivens Failure-to-Protect Remedy and Forfeiture Bars First-Time-on-Appeal Qualified-Immunity Opposition Case: Derek Thomas v. Jacqueline Carmichael, No. 23-2552...