7th Circuit Case Commentaries

Seventh Circuit: § 1983 Damages Complaints Seeking Only Money and Naming Former Officials Plead Personal-Capacity Claims (Not Eleventh-Amendment-Barred), and the Fourth Circuit “Martin” Factors Do Not Apply

Date: Sep 12, 2026

Seventh Circuit: § 1983 Damages Complaints Seeking Only Money and Naming Former Officials Plead Personal-Capacity Claims (Not Eleventh-Amendment-Barred), and the Fourth Circuit “Martin” Factors Do...

Closed-Attraction Trespasser Rule: Tacit “Go-Ahead” Plus Known Safety Disablement Can Create a Jury Question on Recklessness (7th Cir.)

Date: Sep 12, 2026

Closed-Attraction Trespasser Rule: Tacit “Go-Ahead” Plus Known Safety Disablement Can Create a Jury Question on Recklessness (7th Cir.) 1) Introduction Case: Eric Stupak v. Mont du Lac Snowsports,...

Independent Traffic Violation and Attenuation Cure an Earlier Unlawful Prolongation; Redundant Records Checks During Ongoing Citation Work Do Not “Prolong” a Stop

Date: Sep 5, 2026

Independent Traffic Violation and Attenuation Cure an Earlier Unlawful Prolongation; Redundant Records Checks During Ongoing Citation Work Do Not “Prolong” a Stop Case: United States v. Robert...

Objective-Reasonableness Standard Governs Civil Detainee Diet Claims; Qualified Immunity Applies Where Kosher Request Appears Insincere and Officials Lack Personal Involvement

Date: Sep 4, 2026

Objective-Reasonableness Standard Governs Civil Detainee Diet Claims; Qualified Immunity Applies Where Kosher Request Appears Insincere and Officials Lack Personal Involvement Introduction In Logan...

“Gainful Occupation” Is Unambiguous in “Total Disability” Clauses That Bar Any Other Work, Confirming a General (Not Occupational) Disability Standard

Date: Sep 4, 2026

“Gainful Occupation” Is Unambiguous in “Total Disability” Clauses That Bar Any Other Work, Confirming a General (Not Occupational) Disability Standard 1) Introduction In Brian Caraba, D.D.S. v. Paul...

Non-Medical Prison Officials Are Not Deliberately Indifferent Absent Notice of Medical Mistreatment; Counsel Illness Can Supply Rule 16 Good Cause

Date: Sep 4, 2026

Non-Medical Prison Officials Are Not Deliberately Indifferent Absent Notice of Medical Mistreatment; Counsel Illness Can Supply Rule 16 Good Cause Introduction In Stanley Boclair v. Anthony Wills, et...

Objective-Reasonableness Review for Civil Detainee Diet Claims and Qualified Immunity Where Kosher-Diet Sincerity Is Unclear

Date: Sep 4, 2026

Objective-Reasonableness Review for Civil Detainee Diet Claims and Qualified Immunity Where Kosher-Diet Sincerity Is Unclear 1. Introduction In Logan Dyjak v. Melanie Kluzek, et al. (7th Cir. Sept....

Post–Loper Bright Seventh Circuit Rule: Independent Construction of § 1227(a)(2)(E)(i) and a “Unitary” Generic Crime of Child Abuse Requiring (At Least) Criminal Negligence

Date: Sep 3, 2026

Post–Loper Bright Seventh Circuit Rule: Independent Construction of § 1227(a)(2)(E)(i) and a “Unitary” Generic Crime of Child Abuse Requiring (At Least) Criminal Negligence I. Introduction In Maria...

Verified Complaints and “Extreme” Verbal Harassment: Evidence, Local-Rule Compliance, and the Eighth Amendment at Summary Judgment

Date: Sep 3, 2026

Verified Complaints and “Extreme” Verbal Harassment: Evidence, Local-Rule Compliance, and the Eighth Amendment at Summary Judgment 1. Introduction In James Kruger v. Tristan Retzlaff (7th Cir. Sept....

Hallucinations Alone Do Not Trigger a Sua Sponte Competency Hearing; Employment Conditions with Built-In Alternatives Survive Plain-Error Review

Date: Sep 3, 2026

Hallucinations Alone Do Not Trigger a Sua Sponte Competency Hearing; Employment Conditions with Built-In Alternatives Survive Plain-Error Review 1. Introduction In United States v. Matthew Frazier...

Accrual Turns on Knowledge of Injury and Cause—Not Legal Significance; Illinois “Legal Disability” Tolling Requires Near-Total Incapacity

Date: Sep 3, 2026

Accrual Turns on Knowledge of Injury and Cause—Not Legal Significance; Illinois “Legal Disability” Tolling Requires Near-Total Incapacity 1. Introduction Case: Vicqui Washington v. City of Chicago,...

Federal-Sector Title VII: Hostile-Environment Claims Require a Timely Act Within the 45-Day EEO Window; Constructive Discharge Requires Sex-Based Causation

Date: Sep 1, 2026

Federal-Sector Title VII: Hostile-Environment Claims Require a Timely Act Within the 45-Day EEO Window; Constructive Discharge Requires Sex-Based Causation Introduction In Alexis Rachwalski v. Todd...

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation

Date: Aug 31, 2026

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation 1. Introduction Amanda Sima v. Benesch, Friedlander, Coplan & Aronoff LLP and Justin...

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard

Date: Aug 31, 2026

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard 1. Introduction Randy Talley v. Carl Gloede (7th...

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts

Date: Aug 29, 2026

§ 2G2.2(c)(1) Cross-Reference Applies Without Proof of a “Live” Feed; Plea Admissions Waive Contrary Sentencing Facts Case: United States v. Jose Sanchez (No. 24-3022) Court: Court of Appeals for the...

Competitor Unfair-Competition Claims Fall Outside Platform Ad-Term Arbitration Clauses Absent a Sufficient Nexus to the Advertiser Relationship

Date: Aug 29, 2026

Competitor Unfair-Competition Claims Fall Outside Platform Ad-Term Arbitration Clauses Absent a Sufficient Nexus to the Advertiser Relationship Case: Metroplex Communications, Inc. v. Meta Platforms,...

United States v. Musselman: Harmless-Foreperson Internet “Roadmap” Misconduct and Heightened-Duty Willful Blindness for the Ostrich Instruction

Date: Aug 29, 2026

United States v. Musselman: Harmless-Foreperson Internet “Roadmap” Misconduct and Heightened-Duty Willful Blindness for the Ostrich Instruction Court: U.S. Court of Appeals for the Seventh Circuit...

United States v. Carrie Musselman: Waiver of Remmer Uncertainty and “Ostrich” Knowledge in Healthcare-Billing Fraud

Date: Aug 29, 2026

Waiver of Remmer Uncertainty & Willful-Blindness (“Ostrich”) Knowledge in Medicare Billing Fraud Case: United States v. Carrie Musselman (Nos. 25-2173 & 25-2494) Court: U.S. Court of Appeals for the...

Ambiguity in “Any Person” Robbery Statutes Requires a Realistic-Probability Showing; Indiana Robbery Remains a Guidelines “Crime of Violence”

Date: Aug 28, 2026

Ambiguity in “Any Person” Robbery Statutes Requires a Realistic-Probability Showing; Indiana Robbery Remains a Guidelines “Crime of Violence” 1. Introduction In United States v. Sergio Gamez (7th...

ERISA Permits State PBM Cost Regulation and “Necessitated, Incidental” Reporting to Enforce It

Date: Aug 28, 2026

ERISA Permits State PBM Cost Regulation and “Necessitated, Incidental” Reporting to Enforce It 1. Introduction In Central States SE & SW Areas Health & Welfare Fund v. Alan McClain, the Seventh...