Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Nathan Nissenbaum was convicted in Illinois state court of aggravated criminal sexual assault, home invasion, aggravated kidnapping, and aggravated domestic battery after an incident involving his former girlfriend, D.K. The evidence at trial included testimony from D.K., physical evidence, and Nissenbaum’s own admissions. Nissenbaum’s defense was that the encounter was consensual, based on their prior relationship and history of “rape play.” He was sentenced to 14 years’ imprisonment.After his conviction, Nissenbaum filed a post-trial motion in the Illinois state court, alleging ineffective assistance of counsel. He claimed his attorney failed to properly advise him about the risk of mandatory consecutive sentences and his realistic chances at trial, which he argued led him to reject a plea deal that would have resulted in a lesser sentence. The trial court held an evidentiary hearing and found that Nissenbaum had not demonstrated ineffective assistance, concluding he was adequately informed and would not have accepted a plea regardless. The Illinois Appellate Court affirmed, finding no prejudice from any alleged deficiencies, and the Illinois Supreme Court denied further review.Nissenbaum then sought federal habeas relief in the United States District Court for the Northern District of Illinois under 28 U.S.C. § 2254, renewing his ineffective assistance claim. The district court denied the petition, holding that the Illinois Appellate Court had not unreasonably applied federal law in finding no prejudice. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed, holding that the state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent. The Seventh Circuit found that Nissenbaum failed to show a reasonable probability he would have accepted a plea offer but for counsel’s alleged errors, and thus habeas relief was barred. View "Nissenbaum v. Jennings" on Justia Law

Madeline Krasno sued the University of Wisconsin–Madison after her comments on the University's social media posts were hidden and her Instagram account was restricted. Krasno alleged that these actions violated her First Amendment rights, as she was advocating against animal abuse in the University's primate testing facilities. The University defended its actions by claiming that it was hiding "off-topic" comments.The United States District Court for the Western District of Wisconsin granted summary judgment in favor of the University, finding that the University's social media comment threads were nonpublic forums and that the University's moderation decisions were reasonable and viewpoint neutral. The district court also held that Krasno lacked standing to seek an injunction against the University's use of keyword filters.The United States Court of Appeals for the Seventh Circuit disagreed with the district court's findings. The appellate court determined that Krasno had standing to bring her as-applied challenge and concluded that the University's social media comment threads were limited public forums. The court held that the University's off-topic comment rule was neither reasonable nor viewpoint neutral, making it unconstitutional under the First Amendment. The court reversed the district court's summary judgment in favor of the University and remanded the case with instructions to enter judgment for Krasno. View "Krasno v. Mnookin" on Justia Law

Mitchell Green was charged with trafficking a child and related offenses in Milwaukee County Circuit Court. During his trial, Green called his cousin, Jonathan Cousin, as a witness, who testified that he, not Green, had driven the minor to a hotel. The state did not initially object to Cousin's testimony but later argued that Green failed to provide pretrial notice as required for a "Denny witness," leading the judge to declare a mistrial. Green, out on bond, argued that a retrial would violate his constitutional right against double jeopardy.The trial court denied Green's motion to dismiss, and the Court of Appeals of Wisconsin held that the mistrial was erroneous. However, the Supreme Court of Wisconsin sided with the trial judge, finding that he exercised sound discretion in declaring a mistrial. Green then filed a collateral attack, and the district court denied relief, leading to this appeal.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the trial judge's decision to declare a mistrial was based on a mistaken belief that pretrial notice for Denny evidence was required. The court noted that no such requirement existed in Wisconsin law. The trial judge failed to exercise sound discretion by not considering alternatives to a mistrial, such as a continuance. The Seventh Circuit held that there was no manifest necessity for the mistrial, and thus, a retrial would violate the Double Jeopardy Clause. The judgment of the district court was reversed, and the case was remanded with instructions to issue an unconditional writ. View "Green v. Milwaukee County Circuit Court" on Justia Law

Richard Schneiter, a long-time employee of the Wisconsin Department of Corrections, was terminated after the Milwaukee Journal Sentinel reported that he had posted offensive memes on his private Facebook page. These posts were derogatory towards Muslims, blacks, liberals, and the LGBTQ community. The Department of Corrections initiated an investigation and concluded that Schneiter's posts created security concerns, diminished public trust, and questioned his ability to perform his duties without bias.The United States District Court for the Western District of Wisconsin granted summary judgment in favor of the defendants. The court applied the balancing test from Pickering v. Board of Education and determined that the Department's interests as a public employer outweighed Schneiter's free speech interests. The court also found that Schneiter had received adequate notice and an opportunity to be heard, thus dismissing his due process claim.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the lower court's decision. The appellate court held that the Department's interests in maintaining security, discipline, and public trust in its correctional facilities outweighed Schneiter's interest in posting the memes. The court emphasized the deference given to law enforcement and correctional agencies in assessing the disruptive nature of an employee's speech. Additionally, the court rejected Schneiter's due process claim, stating that public employers are not required to have specific social media policies before disciplining employees for social media activities that interfere with their job duties. Schneiter's argument of bias in the disciplinary process was also dismissed due to lack of evidence. View "Schneiter v. Carr" on Justia Law

In 2016, the Village of Schaumburg enacted an ordinance requiring commercial and multifamily properties to route fire alarm signals directly to a regional emergency-dispatch center. This ordinance aimed to reduce fire department response times and had financial benefits for the Village. Several alarm companies, which previously used a different model for transmitting alarm signals, claimed that the ordinance caused them to lose business and led to more expensive and lower-quality alarm services for customers.The alarm companies sued the Village, alleging that the ordinance violated the Contracts Clause and tortiously interfered with their contracts and prospective economic advantage. The United States District Court for the Northern District of Illinois initially dismissed the federal claims and relinquished jurisdiction over the state-law claims. On appeal, the Seventh Circuit reversed in part, allowing the Contracts Clause claim to proceed. However, on remand, the district court granted summary judgment for the Village, finding that the alarm companies failed to provide evidence that the ordinance caused customers to breach existing contracts or that the Village intended to interfere with their business relationships.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The court held that the alarm companies did not present sufficient evidence to show that the ordinance caused customers to breach contracts or that the Village acted with the intent to harm the alarm companies' businesses. The court also found that the alarm companies' claims of tortious interference with prospective economic advantage failed because the Village's actions were motivated by public safety and financial considerations, not a desire to harm the alarm companies. View "Alarm Detection Systems, Inc. v. Village of Schaumburg" on Justia Law

Richard Walker was arrested at his girlfriend Ramona Paulette's residence, where he was staying overnight. Officers conducted a protective sweep of the residence and found a loaded firearm under the mattress in Walker Jr.'s bedroom. Later, with consent from Paulette's mother, Laverne Shipp, officers conducted a second search and found drugs in Paulette's bedroom. Walker was indicted for being a felon in possession of a firearm and possession with intent to distribute fentanyl. He moved to suppress the evidence, arguing the searches violated the Fourth Amendment.The United States District Court for the Southern District of Illinois denied Walker's motion to suppress, finding the protective sweep and subsequent search justified. Walker entered a conditional guilty plea, reserving the right to appeal the denial of his suppression motion. He was sentenced to 51 months' imprisonment and three years of supervised release.The United States Court of Appeals for the Seventh Circuit reviewed the case. Walker argued that the firearm and drugs were discovered through an unconstitutional search. The court found that Walker had standing to challenge the search and that the protective sweep was unlawful in scope when officers lifted the mattress in Walker Jr.'s bedroom. The court also determined that the district court erred in applying the attenuation exception to the exclusionary rule and did not address the inevitable discovery exception.The Seventh Circuit reversed the district court's denial of Walker's suppression motion and remanded the case for further proceedings to determine if the inevitable discovery exception applied and to reassess whether Shipp's consent justified the second search. View "United States v. Walker" on Justia Law

Heriberto Carbajal-Flores, an illegal alien, was arrested in Chicago after firing a pistol at passing cars during a period of civil unrest. He was indicted for possessing a firearm as an illegal alien under 18 U.S.C. § 922(g)(5)(A). Carbajal-Flores moved to dismiss the indictment, arguing that the statute violated his Second Amendment rights. The district court denied his initial motion but reconsidered after the Supreme Court's decision in New York State Rifle & Pistol Ass’n v. Bruen, which established a new framework for evaluating Second Amendment challenges.The district court ultimately found § 922(g)(5)(A) facially constitutional but held it unconstitutional as applied to Carbajal-Flores, reasoning that historical traditions only supported disarming untrustworthy or dangerous individuals, and Carbajal-Flores did not fit that description. The government appealed this decision.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the Second Amendment's protections do not extend to illegal aliens, as historical evidence shows a consistent tradition of disarming individuals who have not sworn allegiance to the sovereign. The court found that § 922(g)(5)(A) aligns with this tradition, as it only disarms illegal aliens who have not taken an oath of allegiance. The court concluded that the statute is constitutional both on its face and as applied to Carbajal-Flores, reversing the district court's decision and remanding the case for further proceedings. View "United States v. Carbajal-Flores" on Justia Law

Dr. Alan Braid, a Texas OB/GYN, admitted in a Washington Post editorial to performing an abortion in violation of the Texas Heartbeat Act (S.B. 8). This led to three individuals from different states filing lawsuits against him under the Act's citizen-suit enforcement provision, seeking at least $10,000 in statutory damages. Facing potential duplicative liability, Dr. Braid filed a federal interpleader action in Illinois, seeking to join the claimants in a single suit and also sought declaratory relief to declare S.B. 8 unconstitutional.The United States District Court for the Northern District of Illinois dismissed Dr. Braid’s suit, citing the Wilton-Brillhart abstention doctrine due to the existence of parallel state-court proceedings. The court reasoned that the Texas state courts were better suited to resolve the issues, particularly given the unique enforcement mechanism of S.B. 8. The district court also questioned whether Dr. Braid had a reasonable fear of double liability but ultimately found that it had jurisdiction before deciding to abstain.The United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The appellate court agreed that the district court had jurisdiction over the interpleader action but concluded that abstention was appropriate under the Colorado River doctrine, which allows federal courts to defer to parallel state-court proceedings in exceptional cases. The court emphasized that the Texas courts were better positioned to resolve the complex state-law issues and that abstention would avoid piecemeal litigation and conflicting judgments. The court also noted that the Texas courts could adequately protect Dr. Braid’s rights and that the federal suit appeared to be an attempt to avoid the state-court system. View "Braid v. Stilley" on Justia Law

Pierre Robinson and Derrick Swanson, members of the Evans Mob gang in Chicago, were charged with murdering rival gang members to enhance their status within the gang. Swanson entered a cooperation agreement and pleaded guilty, while Robinson went to trial. At Robinson's trial, his cousin Anise, who had previously identified him as the shooter in a recorded statement and grand jury testimony, claimed memory loss and could not identify him in court. The district court admitted her prior statements as evidence. Robinson was convicted by a jury after a four-day trial.In the United States District Court for the Northern District of Illinois, Robinson was convicted of murder in aid of racketeering and sentenced to life in prison. Swanson, who cooperated with the government, received a 30-year sentence and five years of supervised release. Swanson's sentence included a condition allowing probation officers to search his workplace, which he contested as inconsistent with the oral pronouncement of his sentence.The United States Court of Appeals for the Seventh Circuit reviewed the case. Robinson argued that the admission of Anise's statements violated his Confrontation Clause rights and that his trial counsel was ineffective. The court held that Robinson had an adequate opportunity to cross-examine Anise, thus satisfying the Confrontation Clause. The court also found that Robinson's counsel's performance did not fall below an objective standard of reasonableness. Swanson's challenge to his supervised release condition was rejected, as the written judgment did not contradict the oral pronouncement. The Seventh Circuit affirmed the district court's judgments. View "United States v. Swanson" on Justia Law

A group of nine plaintiffs, led by Alexander Carter, filed a class action lawsuit against the Cook County Sheriff, challenging a policy at the Cook County Jail that destroys inmates' government-issued identification cards if left unclaimed after the inmate is transferred to the Illinois Department of Corrections (IDOC). The plaintiffs argued that this policy violated the Fourth, Fifth, and Fourteenth Amendments of the Constitution. The district court dismissed the case, finding that precedent foreclosed each of the plaintiffs' claims.The United States District Court for the Northern District of Illinois granted the Sheriff’s motion to dismiss, concluding that the plaintiffs' Fourth Amendment claim was foreclosed by the precedent set in Lee v. City of Chicago. The court also found that the Fifth and Fourteenth Amendment claims were indistinguishable from those rejected in Conyers v. City of Chicago and Kelley-Lomax v. City of Chicago. The plaintiffs appealed the dismissal of their Fourth, Fifth, and Fourteenth Amendment substantive due process claims but did not appeal the procedural due process claim.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The court held that the Fourth Amendment claim was foreclosed by Lee, which rejected the notion of a "continuing seizure" of lawfully seized property. The court also found that the Fifth Amendment takings claim failed because the plaintiffs had abandoned their property by not following the jail's property retrieval procedures. Finally, the court concluded that the Fourteenth Amendment substantive due process claim failed because the plaintiffs did not show the inadequacy of state law remedies or an independent constitutional violation. View "Carter v. Cook County Sheriff" on Justia Law