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

Gooch alleged that correctional officers Young and Wilson falsely informed another inmate that Gooch had stolen from him and directed the inmate to “take action”; the inmate then attacked Gooch with a weapon. When Gooch defended himself, Wilson intervened and instructed Gooch to lie on the floor, where the inmate attacked him again. Gooch asked his correctional counselor for the form on which to file a grievance against the officers. Gooch asserts that his counselor refused to give him the form, stating “you better watch out snitching on staff.” Over the next two days, “multiple guards” walked by his cell, calling him a “rat” and making threats.Three days later, Gooch filed a “Bivens action,” which was dismissed for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. 1997e(a). The Seventh Circuit vacated. Exhaustion is not required when the responsible prison officials refuse to give a prisoner the necessary grievance form or thwart a prisoner from filing a grievance through threats or intimidation. Gooch attested that he feared for his life if he continued with the administrative-remedy process. The government did not contest his assertion and failed to meet its burden of showing that remedies were “available” to Gooch. View "Gooch v. Young" on Justia Law

A felony defendant normally must be present in the courtroom at sentencing. FED. R. CRIM. P. 43(a)(3). The 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), 134 Stat. 281, permits district courts to conduct felony plea and sentencing proceedings by videoconference if the defendant consents and the judge finds “for specific reasons” that the sentencing “cannot be further delayed without serious harm to the interests of justice,” In March 2020, just before the CARES Act was adopted, Coffin pleaded guilty to two counts of unlawfully possessing a firearm as a felon. Sentencing was postponed several times.Coffin eventually consented to a sentencing hearing by videoconference under the Act. The district judge confirmed Coffin’s consent on the record and found that further delay would seriously harm the interests of justice, noting several reasons why that was so. The judge asked if there were any objections to his findings. Coffin’s attorney said, “No, thank you.” The judge imposed 60-month concurrent sentences. The Seventh Circuit rejected Coffin’s challenges to the judge’s CARES Act findings as “far too late.” He expressly consented to the videoconference sentencing and confirmed that he had no objection to the judge’s findings under the Act. “That’s a waiver.” View "United States v. Coffin" on Justia Law

Detectives Roseman and Hunt stopped Goodwill for a window tint violation. After asking Goodwill to sit in the squad car, Roseman began the paperwork while both detectives asked Goodwill questions. A canine unit arrived minutes later, before Roseman finished the warning form. The dog alerted to the presence of drugs. A search revealed two kilograms of cocaine. Goodwill, charged with possession of cocaine with intent to distribute, moved to suppress the drugs, arguing that the officers unlawfully prolonged the search by asking unrelated questions and conducted the dog sniff without his consent.The district court found that the questioning did not extend the stop and denied the motion. The Seventh Circuit affirmed. Roseman needed to check the driver’s license and vehicle information—which involved typing in the motorist’s name and date of birth or driver’s license number plus the vehicle’s registration information—then complete, by hand, the warning—which included the date, time, vehicle information, driver’s information, and the location. Roseman’s testimony at the suppression hearing and the traffic-stop video indicated that he worked expeditiously. Roseman worked on the ticket continuously without any breaks. An officer does not need a driver’s consent to conduct a dog sniff during a lawful traffic stop, if it does not prolong the stop. View "United States v. Goodwill" on Justia Law

Lewis left her car parked on an Alsip street during a snowstorm. She was fined $50 for violating an ordinance that prohibits parking on any “primary snow route” if more than one inch has fallen within 12 hours and requires all primary snow routes to be identified by signs; a three-inch limit applies to “all other public streets not designated as primary snow routes.” The street where Lewis had parked was not posted as a primary snow route.Lewis could have challenged the fine in state court but instead filed suit under 42 U.S.C. 1983, alleging that Alsip violated the Due Process Clause by failing to erect signs on every block of every street telling drivers when snow requires them to remove their vehicles. The Seventh Circuit affirmed the dismissal of the suit. The Due Process Clause requires governmental bodies to make laws available to the public, not to ensure that everyone knows all rules. The statute or regulation itself is adequate notice if it is clear. Drivers know that many traffic rules are not set out on signs but still must be obeyed. View "Lewis v. Village of Alsip" on Justia Law

Merrill pressured 12-13-year-old girls to take and send him sexually explicit photographs of themselves. Merrill was indicted for producing child pornography, 18 U.S.C. 2251(a); receiving child pornography, section 2252A(a)(2)(A); and possessing child pornography, section 2252A(a)(5)(B). He pleaded guilty to one count each of producing and possessing with respect to one girl. At his plea hearing, Merrill confirmed that he remembered: “soliciting photographs and possessing the types of photographs that are set forth in the plea agreement.” Before the scheduled sentencing hearing, new counsel appeared for Merrill and moved to withdraw his guilty pleas, asserting that his former attorneys “never explained what the elements of the production charge were or what the government was required to prove to establish his guilt.”At an evidentiary hearing. Merrill’s former lawyers testified to having explained to Merrill the differences among the three charges and how the evidence established each element of the production charge; each told Merrill that he could be convicted of production based on proof that he had asked the minors to take and send the sexually explicit photographs and that the minors did so at his request.The district judge denied Merrill’s motion. The Seventh Circuit affirmed. Merrill’s attorneys’ advice was sound, and in any event, he has not shown prejudice from the supposedly erroneous advice. View "United States v. Merrill" on Justia Law

Rasho, on behalf of a class of mentally ill inmates in Illinois Department of Corrections (IDOC) custody, sued IDOC officials under 42 U.S.C. 1983 for failing to provide constitutionally adequate mental health care. The parties reached a settlement requiring IDOC to meet certain benchmarks across several areas of treatment. A year later IDOC had failed to substantially comply with portions of the agreement. Under the agreement, the plaintiffs needed to prove that the breach itself caused an Eighth Amendment violation. The judge held that they made that showing in five areas of treatment, noting that IDOC’s deficiencies were primarily attributable to chronic, severe staff shortages. Because IDOC knew about its staffing problem for several years, the judge concluded that IDOC was deliberately indifferent to the risk of harm. He entered a permanent injunction requiring IDOC to hire and maintain a specific number of staff members and other specific measures on a mandatory timetable.The Seventh Circuit reversed. IDOC officials took reasonable steps to cure the identified deficiencies, particularly understaffing, which is inconsistent with the finding of deliberate indifference. Even if those steps were not fully successful, the reasonable efforts indicated that IDOC did not recklessly disregard the risks. The court’s order also exceeds remedial limitations under the Prison Litigation Reform Act; prospective corrections remedies must be “narrowly drawn, extend[] no further than necessary to correct the violation of the Federal right, and [be] the least intrusive means necessary to correct the violation of the Federal right,” 18 U.S.C. 3626(a)(1)(A). View "Rasho v. Jeffreys" on Justia Law

Two churches sued Illinois Governor Pritzker after he issued an executive order that limited to 10 the number of people who could attend a religious service during the COVID-19 pandemic. The district court declined to enjoin enforcement. By the time the appeal reached the Seventh Circuit, Pritzker had rescinded the order. The court held that the case was not moot but that the order did not violate the Free Exercise Clause. The churches nonetheless requested that the district court issue an injunction, citing recent Supreme Court decisions. The Seventh Circuit affirmed the dismissal of the request. The court noted that the Governor will likely consider recent legal developments in crafting any new order in response to the recent surge. The court further noted that Pritzker is entitled to qualified immunity and that an award of damages is not available. View "Elim Romanian Pentecostal Church v. Pritzker" on Justia Law

Burgess left the apartment he shared with Howard, texting threats to kill her and burn down the apartment. That night, Burgess set a fire that destroyed the building and all of Howard’s and her children’s belongings. Burgess fled and eluded law enforcement for four months, during which Burgess walked into a Metro store, displayed a semi-automatic handgun, and told the clerk he was not “playing.” The clerk opened the register and Burgess stole $650. Metro had a security camera; a citizen identified Burgess and told Milwaukee Police. Burgess was arrested at his sister’s house; police recovered a handgun and the clothing Burgess wore during the Metro robbery.The government presented evidence Burgess had contacted Howard extensively while in custody, discouraging her from cooperating and encouraging her to change her story. A magistrate entered a no-contact order. Burgess nonetheless consistently and repeatedly contacted Howard. Burgess unsuccessfully moved to suppress evidence obtained during his arrest, arguing MPD lacked probable cause to believe he was inside his sister’s house, then pled guilty The Seventh Circuit affirmed his 174-month sentence and the application a 2-level adjustment for obstruction of justice based on Burgess’s perjurious testimony at his suppression hearing and on his violations of a no-contact order. The factual findings upon which the district court relied established by a preponderance of the evidence that Burgess’s violations of the no-contact order amounted to obstruction. View "United States v. Burgess" on Justia Law

Allen County Officers received an arrest warrant for Gosnell. An anonymous tip indicated that Gosnell was staying at a Fort Wayne motel. The motel manager stated that Gosnell was staying in a room with Jones. Jones had arrests dating back to the 1990s and was listed as a “known resister,” “convicted felon,” and “substance abuser.” At the room, the officers knocked and called out Jones’s street name, stating: “It’s police. We’re not here for you.” Jones said, “She’s not here.” The officers asked Jones to open the door. He requested some time. Both officers estimate that 30-60 seconds elapsed between the first knock and when Jones opened the door. In conversational tones, they reiterated that they were not there for Jones, showed him the warrant, and explained that they would like to “verify” Gosnell was not there. Jones eventually said, “fine,” and moved away from the door. The officers lifted the beds and found a firearm.Jones pled guilty to possessing a firearm as a convicted felon, 18 U.S.C. 922(g)(1) after the denial of his motion to suppress. The Seventh Circuit affirmed the denial of the motion. Jones has not shown that he was seized prior to the search. In light of the totality of the circumstances, a reasonable person in Jones’s position would have felt free to decline the officers’ request to open the door. Jones voluntarily consented to a search of his motel room. View "United States v. Jones" on Justia Law

Around midnight, four people were in Shaffers' car, with Shaffers in the driver’s seat, smoking and listening to music while parked. Chicago Police Officers Streeper and Bruno heard loud music coming from the car and smelled marijuana. They blocked Shaffers' car with their car, then approached, identified themselves, and instructed the occupants to put their hands up. Streeper testified that Shaffers initially failed to comply and made “furtive movements with his hands below the [driver’s] seat.” Shaffers fled. Streeper recovered a gun from the floorboard between the driver’s seat and the console. Months later, Shaffers was arrested while appearing in state court for a traffic infraction.Shaffers was charged as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). Denying Shaffers’ motion to suppress, the court concluded that the officers’ approach was a seizure because Shaffers could not move his car and a reasonable person would not have felt free to leave but that the seizure was permissible under "Terry" because the officers had reasonable suspicion. After a mistrial, obstruction of justice charges were added based on Shaffers’ attempts to influence witness testimony. The Seventh Circuit upheld his convictions, rejecting arguments that the gun should have been suppressed; that Shaffers’ Confrontation Clause rights were violated by admitting a witness’s grand jury testimony, that the evidence was insufficient to support his conviction; and that his prior aggravated assault conviction was improperly considered a “crime of violence” at sentencing. View "United States v. Shaffers" on Justia Law