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

Illinois prisoner Tuduj, having received extensive dental treatment, filed a “deliberate indifference” suit under 42 U.S.C. 1983 against his dentists and prison officials. The court recruited counsel to assist Tuduj in filing an amended complaint that complied with the Federal Rules of Civil Procedure. Counsel defended against two summary judgment motions, one arguing that Tuduj had not exhausted his administrative remedies and another on the meritsWhile the motions were pending, Tuduj moved “for leave to represent himself,” stating that he was “concerned that his counsel has filed a structurally, technically and legally insufficient response doomed to be denied.” He asked to file his own brief, except “in the event this Honorable Court deems counsel’s response … legally sufficient and Grants same[,] Plaintiff would be open to continued effective representation.” A magistrate denied Tuduj’s motion, stating that Tuduj “varie[d] between saying he would like to" represent himself and "indicating that he is happy with counselʹs representation as long as he prevails.” The district judge granted the motions for summary judgment, citing professional judgment and finding “no competent evidence” of any policy that unlawfully influenced dental‐treatment decisions. The Seventh Circuit rejected Tuduj’s argument that the court wrongly denied his “unqualified” right to proceed pro se under 28 U.S.C. 1654, the due process clause, the equal protection clause, and the Seventh Amendment. The district court permissibly denied his equivocal request. View "Tuduj v. Newbold" on Justia Law

In 2011, Illinois prisoner Williams was diagnosed with a left-eye cataract. He became completely blind in that eye and experienced dizziness, acute pain, photophobia, and the feeling that some foreign substance was in his eye. His doctors recommended cataract extraction surgery; without this common operation, they would be unable to detect other vision-threatening conditions. Wexford, which provides prison health services, refused to authorize the surgery, based on its “one good eye” policy. In February 2016, an optometrist diagnosed a right-eye cataract and a possible macular hole and vitreomacular traction. Weeks later, a specialist recommended cataract extraction. Doctors found no vision in Williams’s left eye and cataracts in both eyes. Still, he did not qualify for surgery.In February 2016, Williams filed a grievance form, checking a box indicating an emergency. Pontiac’s warden responded by checking a box: “an emergency is not substantiated. Offender should submit this grievance in the normal manner.” Williams asserts that the Administrative Review Board (ARB). denied his grievance. Williams filed a second grievance in August; the warden denied emergency status. The ARB returned the grievance to Williams without addressing the merits. It checked boxes indicating that Williams had not satisfied the requirements of the standard procedure; he was required to provide responses from his counselor and others. Williams filed a pro se complaint under 42 U.S.C. 1983. The district court dismissed, stating that Williams “did not file a standard grievance" after the denials of emergency status, thereby failing to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The Seventh Circuit reversed, finding that Williams did enough to satisfy the PLRA. View "Williams v. Wexford Health Sources, Inc." on Justia Law

The Attorney General imposed conditions on the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG), 34 U.S.C.10151, which the primary source of federal criminal justice enforcement funding for state and local governments. The district court granted a preliminary injunction as to conditions that required that state or local officials honor requests to provide federal agents advance notice of the scheduled release of aliens in custody and that state or local correctional facilities give federal agents access to aliens in their custody. The Seventh Circuit upheld a nationwide injunction. The district court granted a permanent injunction and invalidated a condition requiring that state or local governments certify their compliance with 8 U.S.C. 1373, which prohibits them from restricting their officials from communicating information regarding the citizenship or immigration status of any individual to the INS, was unconstitutional but stayed the injunction to the extent that it applied beyond Chicago.The Seventh Circuit again held that the Attorney General cannot pursue the executive branch's policy objectives through the power of the purse or the arm of local law enforcement, rejecting the Attorney General’s assertion that Congress itself provided that authority in the language of the statutes. Chicago has determined that effective law enforcement requires the cooperation of its undocumented residents; such cooperation cannot be accomplished if those residents fear immigration consequences should they communicate with the police; and, local law enforcement must remain independent from federal immigration enforcement. The Byrne JAG grant was enacted to support the needs of local law enforcement to help fight crime, but “is being used as a hammer to further a completely different policy of the executive branch.” States do not forfeit all autonomy over their own police power merely by accepting federal grants. There is no reason to stay the application of the injunction. View "City of Chicago v. Barr" on Justia Law

In 2017-2018, FBI Child Exploitation Task Force Office Lynn was investigating the sharing of child pornography through online, peer‐to‐peer networks. His investigation led him to believe child pornography would be found in the college apartment, house, and pickup truck of 40‐year‐old Rees. Seeking warrants, Officer Lynn gave a magistrate a 17‐page probable‐cause affidavit, describing his training and experience, methods for tracking child pornography on peer‐to‐peer networks, and the specific investigation that steered him toward Rees’s residences and vehicle. When officers executed the resulting warrants they found thousands of still images and almost 200 videos of child pornography on Rees’s computer. Charged with receiving and possessing child pornography, 18 U.S.C. 2252A(a)(2)(A), (5)(B), Rees unsuccessfully moved to suppress the evidence.The district court accepted Rees’s conditional guilty plea and sentenced Rees to 97 months’ imprisonment. The Seventh Circuit affirmed. The warrant‐issuing judge had a substantial basis for concluding that there was a fair probability evidence of child‐pornography crimes would be uncovered in the searches; even if the warrants were invalid, the officers executed them in objective good faith. View "United States v. Rees" on Justia Law

Kenosha Officer Torres, on patrol, received a call requesting assistance apprehending Siler. The dispatcher stated that Siler was wanted on a warrant for strangulation and suffocation, had taken a vehicle without consent, and was known to have violent tendencies. Siler did not actually have a warrant for strangulation and suffocation; he was wanted for violating probation. When Torres spotted Siler, he activated his lights and siren. Siler did not stop, resulting in a three-minute chase. Siler crashed his car and fled on foot. Torres followed him to an auto body shop. Bystanders indicated that Siler was in the back room. Siler again attempted to flee. Torres blocked the exit. Within seconds Torres and Siler were on opposite sides of an SUV and began to move in “cat and mouse” fashion. Torres pointed his service revolver at Siler, ordering him to the ground. Siler responded, “fuck you” and “shoot me.” Siler bent over and, when he stood up, Torres saw a black cylindrical object pressed against Siler’s forearm. Torres yelled “drop it.” Siler responded, “fuck you,” “no,” and “shoot me.” Torres still could not see Siler’s hands. Eventually, Torres fired his gun seven times successively. Siler died from gunshot wounds. In a suit under 42 U.S.C. 1983 by Siler’s estate, the Seventh Circuit affirmed summary judgment in favor of Torres, citing qualified immunity. Torres’s action conformed to constitutional standards. View "Siler v. City of Kenosha" on Justia Law

The doctor examined Chambers during the intake process at the Stateville Correctional Center. Chambers was housed there for a few weeks when he was processed into state custody. Chambers requested medication to treat a flare-up of a painful chronic condition, herpes. The doctor did not provide the medication. Chambers filed a grievance with the Stateville grievance office but was transferred to a different prison before the grievance was investigated. A grievance officer returned the grievance to Chambers unreviewed and invited him to take the matter to the Administrative Review Board (ARB), which normally serves in an appellate capacity reviewing decisions of grievance officers. ARB’s regulations also specify that grievances pertaining to problems at an earlier-assigned prison must be filed directly with ARB. Chambers skipped this step and instead sued the prison doctor under 42 U.S.C. 1983, alleging deliberate indifference to his medical needs. The Seventh Circuit affirmed the dismissal of the suit for failure to exhaust administrative remedies. Under the Prison Litigation Reform Act, prisoners must pursue their complaints about prison conditions through all levels of the relevant administrative-review system before bringing a lawsuit in federal court. View "Chambers v. Sood" on Justia Law

Lund, a reporter for the Rockford Scanner, heard, by police scanner, of multiple traffic stops in Midtown. He did not have a driver’s license, so he rode a motorized bicycle to Midtown to take photographs. He suspected a prostitution sting operation. An officer noticed Lund and radioed the team. Officers Welsh and Campbell knew of Lund's previous anti‐police speech. They directed Lund to “move on.” Lund asked if he was breaking any laws. Campbell informed him that he was not, but that his continued presence would constitute obstruction of a police detail and result in arrest. Lund started his bicycle and called out, loudly, “goodbye officers.” Concerned that Lund might post pictures on social media while the sting operation was ongoing and create a danger for unarmed undercover officers, the officers followed Lund and arrested him for driving the wrong way on a one‐way street, operating a vehicle without insurance, obstructing a police officer, felony aggravated driving on a revoked license, and operating a motor vehicle without a valid drivers’ license. News stories listed Lund’s name as an arrestee in the prostitution sting.The charges against Lund were dismissed. Lund sued the officers and the city under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment for the defendants on First Amendment retaliation and malicious prosecution under Illinois law, citing the Supreme Court’s intervening "Nieves" (2019) holding, that, in most cases, probable cause to arrest defeats a claim of retaliatory arrest. There was probable cause to arrest Lund. View "Lund v. City of Rockford" on Justia Law

Police, checking on Thomas, who was unconscious in her car, called for paramedics. While waiting, they found a methamphetamine pipe in the car. At the hospital later, Thomas stated that she had used methamphetamine; that she and her live-in boyfriend obtained it together; that she kept her meth pipes at home; and that she had two children, a one-year-old and a 14-year-old. She was initially confused about where they were. The officers requested a welfare check. Caya answered the door, apparently under the influence of drugs. Sergeant Miller knew that Caya was on extended supervision for a felony conviction and subject to Wisconsin Statutes section 302.113(7r), which authorizes officers to search the person, home, or property of an offender released to extended supervision if the officer has reasonable suspicion that the offender is involved in criminal activity or is violating a condition of his supervision. Caya told the officers that he and Thomas were clean and that Thomas’s children were with their grandmother in Dubuque. The officers initiated a search and found Thomas’s one-year-old child in the living room; they later recovered drug paraphernalia, cash, several loaded rifles and handguns, and 350 grams of meth.The Seventh Circuit affirmed the denial of Caya's motion to suppress. Criminal offenders on community supervision have significantly diminished expectations of privacy because of the government’s strong interest in preventing recidivism. The Supreme Court has held that a law-enforcement officer may search a person on parole without any suspicion of criminal activity. A search under section 302.113(7r), which requires reasonable suspicion, is constitutionally permissible. View "United States v. Caya" on Justia Law

Winfield confessed to shooting Garrett. Winfield was convicted of attempted murder. Winfield was also accused of killing Stovall in the same shooting but was acquitted on that charge because no credible witness had placed Winfield at the scene of the crime and his confession did not mention Stovall. The judge rejected Winfield’s argument that his confession was coerced and his “half-hearted” alibi defense. On appeal, Winfield raised one unsuccessful sentencing argument. Illinois state courts, on post-conviction review, concluded that trial counsel’s presentation of Winfield’s alibi was not so deficient that it violated the Constitution; they did not meaningfully address the performance of appellate counsel. On federal habeas review, the district court concluded that the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. 2254(d), did not apply because the ineffective assistance claim had not been adjudicated on the merits in state court. It considered the claim without any deference to the state courts and found appellate counsel had rendered ineffective assistance by omitting an argument that Winfield’s confession was uncorroborated.The Seventh Circuit held that Winfield is not entitled to relief. Winfield cannot overcome the deference applied to the state court’s finding that trial counsel performed reasonably because Winfield never told counsel that he was at home at the time of the shooting. The Constitution did not obligate Winfield’s appellate counsel to discover and present a complex and novel corpus delicti argument that may not have succeeded. View "Winfield v. Dorethy" on Justia Law

An Illinois municipality may join the Municipal League, an unincorporated, nonprofit, nonpolitical association, and may pay annual membership dues and fees; member municipalities may act through the League to provide and disseminate information and research services and do other acts for improving local government, 65 ILCS 5/1-8-1. Lincolnshire is one of more than a thousand dues-paying League members and uses tax revenue to pay the dues from the Village’s General Fund. From 2013-2018, Lincolnshire paid at least $5,051 in voluntary dues and fees to the League. Individual residents and the Unions sued, claiming First Amendment and the Equal Protection Clause violations. They claimed that Lincolnshire compelled them to subsidize private speech on matters of substantial public concern because the League sent emails promoting a particular political agenda, including the adoption of “right to work” zones.The Seventh Circuit affirmed the dismissal of the suit. Lincolnshire itself has the right to speak for itself and a right to associate; it voluntarily joined the League as it is authorized to do. Local governments must be allowed to discuss, either directly or through a surrogate, ideas related to municipal government, regardless of where those ideas originated. View "O'Brien v. Village of Lincolnshire" on Justia Law