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

Biggs served as interim principal of Burke Elementary School on an at-will basis. Under the Chicago Public Schools (CPS) Transportation Policy, no CPS school employee may drive a student in a personal vehicle without written consent from the school’s principal and the student’s legal guardian. The principal must retain copies of the driver's license and insurance documentation. An investigation revealed that for many years, Biggs had directed her subordinates to mark late students as tardy, rather than absent, regardless of how many instructional minutes they received in a day, which likely skewed Burke’s attendance data. Biggs admitted that she had ordered Burke employees to pick up students in personal vehicles without written parental consent and did not keep copies of the drivers’ licenses or insurance documentation. Biggs was fired and designated Do Not Hire. The designation does not necessarily prevent the employee from being hired at a non-CPS school. It was disclosed at community meetings that Biggs’s firing was “about integrity” and a redacted copy of the report was read aloud.Biggs sued, 42 U.S.C. 1983, alleging deprivation of her liberty to pursue her occupation without due process, citing "stigmatizing public statements" in connection with her termination. The Seventh Circuit affirmed the summary judgment rejection of the suit. No reasonable jury could find that Biggs had suffered a tangible loss of employment opportunities within her occupation; she experienced nothing more than the customary difficulties and delays that individuals encounter when looking for a new job, especially after being fired. View "Biggs v. Chicago Board of Education" on Justia Law

C.B., a minor, suffers from generalized anxiety disorder, depression, and ADHD. During the 2017-2018 school year, the Brownsburg School Corporation determined that C.B. was eligible for accommodations under the Rehabilitation Act. In 2019, C.B. brought a shotgun shell to school with a device believed capable of discharging the shell. Brownsburg recommended expulsion. Conferences and administrative hearings followed. In April 2020, Brownsburg offered to pay for a new independent education evaluation of C.B. and to revisit C.B.’s eligibility for an individualized education plan under the Individuals with Disabilities Education Act (IDEA). C.B.’s parents agreed to various compromises if Brownsburg agreed to pay for all attorney’s fees. In July, Brownsburg indicated willingness to pay part of the fees. C.B.’s parents rejected Brownsburg’s offer and reinstated their initial demands. Brownsburg sought dismissal of the proceedings, citing its concessions and “extreme effort” to resolve this case short of an administrative hearing. The parents requested factual findings regarding attorney’s fees and acknowledgment as the “prevailing party.” The hearing officer ultimately adopted the parties’ concession regarding services for C.B. and dismissed the petitions.C.B.’s parents sued for attorney’s fees under the IDEA’, 20 U.S.C. 1415(i)(3)(B)(i)(I). The district court granted Brownsburg summary judgment. The Seventh Circuit reversed, concluding that the parents were the “prevailing party” and could be eligible for fees. Brownsburg's agreement to provide every student-related remedy set out in C.B.’s parents’ due process request was not binding until the hearing officer issued a finding. View "A. B. v. Brownsburg Community School Corp." on Justia Law

In 2015, the Forro children attended St. Augustine, a self-identified Catholic school in Hartford, Wisconsin. Wisconsin provides transportation benefits for parents who send their children to private sectarian schools, Wis.Stat. 121.54. The school district and the state superintendent of public instruction denied the Forros' request because transportation was being provided to St. Gabriel, another Catholic school in the area. The law stipulates that only one school from a single organizational entity in each “attendance area” may qualify for benefits. While both claim an affiliation with Catholicism, the two schools are not affiliated with one another in other significant ways. St. Augustine and the Forros sued. Several years of litigation ensued, including a trip to the U.S. Supreme Court, two published Seventh Circuit opinions, and a Supreme Court of Wisconsin opinion, after which the Seventh Circuit concluded that the denial of transportation benefits violated Wisconsin law because it rested on an improper methodology for determining affiliation between two schools of similar faith.After noting that certain state law claims had been waived and that the federal constitutional issues did not require resolution, the Seventh Circuit affirmed that a declaratory judgment remains in effect against the Superintendent and the School District. The district court may decide what attorneys’ fees the plaintiffs should be awarded, if any, given that they have prevailed only in obtaining declaratory relief under state law. View "St. Augustine School v. Underly" on Justia Law

Malhotra subleased a room in a fraternity house while attending the University of Illinois in 2021. The University prohibited students from permitting underage drinking in their residences. Because of the COVID-19 pandemic, the University then restricted the number of people who could attend social gatherings. According to Malhotra, days after he moved in, the other residents threw a party. Malhotra was not involved in planning or hosting the party. During the event, Malhotra was wearing noise-canceling headphones and studying in his room when his roommate alerted him to loud noises. Malhotra discovered a large group of people partying, including a young woman who was visibly intoxicated. The party ended when officers arrived at the house.The University charged Malhotra and the other residents with violating the University’s code of conduct. Malhotra met with the University’s Assistant Dean of Students and subsequently appeared at a hearing before the “Subcommittee on Undergraduate Student Conduct,” which found Malhotra guilty and suspended him for two semesters. Dean Die explained that Malhotra had been held responsible because he was a signatory on the fraternity house’s lease. Malhotra, however, had not signed the lease; he had merely subleased a room. He appealed, attaching the lease as evidence. The suspension was upheld. Malhotra filed suit under 42 U.S.C. 1983. The Seventh Circuit affirmed the dismissal of his complaint. Malhotra did not allege a constitutionally protected property or liberty interest as required under the Fourteenth Amendment. View "Malhotra v. University of Illinois at Urbana" on Justia Law

The plaintiffs, three transgender boys, were denied access to the boys’ bathrooms at school. The boys sued the districts and the school principals, alleging sex discrimination under Title IX of the Education Amendments Act of 1972 and the Equal Protection Clause of the Fourteenth Amendment. The boys requested preliminary injunctions that would order the schools to grant them access to the boys’ bathrooms and, in the case of two boys, access to the boys’ locker rooms when changing for gym class. The district courts granted the preliminary injunctions.The Seventh Circuit affirmed, noting that litigation over transgender rights is occurring all over the country and that at some point the Supreme Court will likely step in with more guidance than it has furnished so far. The district courts appropriately followed Circuit precedent in crafting narrowly tailored and fact-bound injunctions. There was no abuse of discretion in the balancing of the equities and the public interest. The records showed only speculative harms, which are not enough to tip the balance. View "A.C. v. Kutruff" on Justia Law

C.S. has developmental and cognitive disabilities, including autism spectrum disorder, attention deficit hyperactivity disorder, and obsessive-compulsive disorder. C.S., then in sixth grade attempted to use the hallway elevator. A teacher told C.S. to stop. C.S. did not comply. Ultimately, three staff members forced C.S. onto the floor and pinned her face down while handcuffing her hands behind her back, and later bound her legs before returning her to her wheelchair. C.S. was handcuffed and bound for 34 minutes until her mother, Thomas, took her home. Thomas also alleged that days later, C.S. may have scratched or grabbed another student and was required to eat her lunch in the school office. While there, C.S. became dysregulated, prompting staff to respond “with similar aggressive force,” including calling the police. The District sought a juvenile delinquency prosecution of C.S. Charges were dropped when C.S. was found not competent to stand trial. A.S. (C.S.’s brother) had previously attended the same school and, after an incident, the school’s then-principal requested charges against A.S. His prosecution was also dropped after a finding that he was incompetent to stand trial.Thomas alleged (42 U.S.C. 1983) that the District had a “practice or protocol of utilizing excessive punitive and retaliatory force or threats of force to punish students with behavioral disabilities.” The Seventh Circuit affirmed the dismissal of Thomas’s suit. Thomas failed to plausibly allege a widespread custom or practice of violating disabled students’ Fourth Amendment rights. View "Thomas v. Neenah Joint School District" on Justia Law

McKendree University, like other Illinois colleges, closed its campus and switched to remote instruction in March 2020 due to the risks of COVID-19. McKendree already ran an online degree program in addition to its on-campus degree program. McKendree did not refund its in-person students for any portion of their tuition or fees. The plaintiffs. enrolled in McKendree’s on-campus program at the time of the shutdown, sued for breach of contract and unjust enrichment.The Seventh Circuit reversed the dismissal of the suit, noting its recent precedent holding that certain evidence—including a university’s course catalogs, class registration system, and pre-pandemic practices—can suffice under Illinois law to allege the existence of an implied contract between a university and its students for in-person instruction and extracurricular activities. The complaint in this case is “enough—if barely—to state a claim at the pleading stage.” Under Illinois law, the relationship between students and universities is contractual and the parties’ obligations under the contract are “inferred from the facts and conduct of the parties, rather than from an oral or written agreement.” View "Delisle v. McKendree University" on Justia Law

Hess, a 17-year-old student, was required to participate in a ride-along with Hammond Officer Garcia. Her complaint describes a day-long sequence of inappropriate comments and questions punctuated by unwelcome physical sexual contact. Garcia allegedly rubbed his arm against her breast, repeatedly placed his hand on Hess’s thigh, put his hand on her buttocks, stated that Hess wanted to become a prostitute, and, while in a secluded location, asked another officer if he wanted to have sex with Hess. After Hess’s ride along, another female classmate participated in the course-required ride with Garcia. When the classmate told Hess that Garcia had acted inappropriately, the girls reported their experiences.Hess sued Garcia and Chief Doughty in their individual capacities under 42 U.S.C. 1983. The Seventh Circuit affirmed the dismissal of the claim against Doughty for lack of allegations of the requisite level of involvement in the alleged violations. The court reversed the dismissal of the claim against Garcia. It is well established that sexual assault by a government official acting under the color of law can violate the Equal Protection Clause as sex discrimination, the Fourth Amendment right “of the people to be secure in their persons,” and the right to bodily integrity protected by the Due Process Clause. The court rejected arguments that the alleged conduct was simply “boorish” and not serious enough to implicate the Constitution. Sexual assault is an intentional act that never serves a legitimate governmental purpose. View "Hess v. Garcia" on Justia Law

In March 2020, Bradley University closed its campus and canceled in-person activities because of the COVID-19 pandemic. It canceled one week of classes as it migrated to remote learning. Bradley resumed classes virtually and offered remote activities and resources. The campus remained closed for the rest of the semester. Bradley never rescheduled the week of canceled classes; the Spring 2020 Semester was 14 weeks instead of the planned 15 weeks of classes listed in Bradley’s Catalog, which stated: “This catalog serves as a contract between a student and Bradley.” Full-time, on-campus students had paid $17,100 in tuition and an $85 activity fee. The University provided pro-rata refunds for room and board to students who were forced to leave on-campus housing but did not refund tuition or activity fees.Eddlemon filed a purported class action, alleging that Bradley breached an implied contract to provide 15 weeks of classes and on-campus activities, and, alternatively that the University’s retention of tuition and activity fees constituted unjust enrichment. The district court certified a “Tuition Class” and an “Activity Fee Class.” The Seventh Circuit vacated. The district court did not conduct the rigorous analysis required by Rule 23 for class certification but repeatedly referred to Eddlemon’s allegations without addressing his proffered evidence or examining how he would prove his allegations with common evidence. View "Eddlemon v. Bradley Universityx" on Justia Law

Dr. Bounds was hired for one year beginning in July 2019 as an at-will employee. In February 2020, Dr. Scott stated that Scott would recommend that Bounds's contract be renewed. Scott notified Bounds and others on March 24 that she would email approved contracts and that they had until March 31 to sign and return the contracts. Upon receiving the contract, Bounds noted that her vacation days had been reduced. Scott told Bounds to contact the Board. Later that day, Bounds became ill and was advised to quarantine for 14 days. Bounds testified that she made inquiries to the Board but never received a reply. On April 1, Scott telephoned Bounds, who had not returned the signed contract. Bounds replied that she wanted her attorney to review the agreement. Scott warned that the Board previously had released another administrator who did not sign her contract by the deadline. The following day, Scott advised Bounds that the Board had requested that her position be posted as vacant. On April 14, Bounds was notified that her position had been posted.Bounds filed suit, 42 U.S.C. 1983, contending that the Board had deprived her of procedural due process by rescinding her contract and posting her position without notice or the opportunity to be heard. The Seventh Circuit affirmed summary judgment in favor of the defendants. Bounds did not have a property interest subject to due process protections. Bounds had no enforceable expectation as to her continued employment. View "Bounds v. Country Club Hills School District 160" on Justia Law