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

Park hoped to become a dental surgeon when she enrolled at the Indiana University School of Dentistry (IUSD) in 2006. After one year at the school, Park began to experience a series of serious setbacks, including several failing grades and allegations of professional misconduct. Eventually, the school dismissed her. Park appealed without success to school committees and administrators. The district court dismissed her suit, alleging Equal Protection and Due Process violations, as well as claims for state law breach of contract. The Seventh Circuit affirmed. Park did not allege bad faith in the dismissal and had no contract claim. Park’s interest in becoming a dentist is not one that the due process clause protects. Park did not allege intentional discrimination. View "Park v. IN Univ. Sch. of Dentistry" on Justia Law

Capeheart is a tenured Justice Studies professor at Northeastern Illinois University and an outspoken critic of the university on a number of issues, including its failure to hire more Latino professors and its willingness to host military and CIA recruiters at campus job fairs. She claims that university officials have defamed her, refused to make her department chair, and denied her an award (among other things) because of her speech. In her 42 U.S.C. l983 claim, she sued University President Hahs and Provost Frank, asking for an injunction against future retaliation, and damages under Illinois law. The district court granted the defendants summary judgment and declined to exercise supplemental jurisdiction over remaining state-law claims. The Seventh Circuit remanded with instructions to dismiss the federal claims as unripe. The prospect of retaliation by Hahs or Frank is no more than conjecture. The district court incorrectly reached the merits of Capeheart’s federal claim. View "Capeheart v. Terrell" on Justia Law

ITT is a for-profit corporation that runs “ITT Technical Institutes” throughout the country, including Lathrop, California. Halasa was the Lathrop Campus’s College Director for six months in 2009. ITT says that Halasa was fired for poor management skills and delivering inadequate results; Halasa alleges that he was fired in violation of the False Claims Act, 31 U.S.C. 3730(h), after identifying and reporting several irregularities in the way ITT was handling its federally subsidized loans and grants for students. The district court granted ITT summary judgment and costs. Even if Halasa did engage in protected conduct under the Act, he did not establish that he was fired because of this conduct. There was no evidence that decision-makers were made aware of his reporting. View "Halasa v. ITT Educational Servs., Inc" on Justia Law

Plaintiffs alleged that the school district practice of holding high school graduation ceremonies and related events at a Christian church rented for the occasion violated the Establishment Clause of the First Amendment and sought preliminary and permanent injunctions, a declaratory judgment and damages. The district court entered summary judgment in favor of the district. The Seventh Circuit affirmed. On rehearing en banc, the court reversed in part. The public school graduation ceremonies in the sanctuary of a Christian church, violated the Constitution. The court noted that it was not making a broad statement about the propriety of governmental use of church-owned facilities, nor was it criticizing cases permitting governmental use, in the proper context, of certain church-owned facilities. When confronted with an Establishment Clause challenge of this nature, the Supreme Court requires examination of the context in which government interacts with a religious organization. Here, the involvement of minors, the significance of the graduation ceremony, and the conditions of extensive proselytization prove too much for the district’s actions to withstand the strictures of the Establishment Clause. View "Doe v. Elmbrook Sch. Dist." on Justia Law

Plaintiff, hired in 2003 by Northwestern University, was denied tenure in 2007 and fired in 2008. The district court dismissed her sex discrimination suit under Title VII, 42 U.S.C. 2000e, finding that only the denial of tenure occurred within the 300-day window for filing a charge of discrimination, and finding that no reasonable jury could infer that plaintiff was denied tenure because she is a woman. The Seventh Circuit affirmed, noting plaintiff’s history with respect to publication and obtaining grants. View "Blasdel v. Northwestern Univ." on Justia Law

Samuel Milligan, then a freshman at Southern Illinois University, had uncomfortable encounters with a professor emeritus at, and substantial donor to, SIU, during which Meyers touched Milligan inappropriately and complimented him on what Meyers believed to be his feminine features. SIU banned Meyers from campus pending completion of an investigation and warned that he would be subject to arrest for trespass. Milligan saw Meyers on campus more than times after the ban was imposed. SIU public safety personnel escorted Meyers off campus each time they became aware of his presence but, on instructions from the Director of Public Safety, he was not arrested. Although Milligan lost his campus job, he was able to get another and to gain admission to graduate school. Milligan sued SIU under Title VII 42 U.S.C. 2000e-2(a)(1) and Title IX for creating a hostile work and educational environment and also for retaliating against him for complaining about Meyers’ harassment. The district court granted summary judgment to SIU. The Seventh Circuit affirmed, finding that the statutes do not set a higher standard for “more vulnerable” student workers and that SIU responded appropriately to the situation. View "Milligan v. Bd. of Trs. of S. IL Univ." on Justia Law

Medlock was a student at Indiana University, living in a single room in a dormitory. As part of a routine “health and safety inspection,” two University resident assistants searched Medlock’s dormitory room for safety hazards. Medlock was not present at the time. When the resident assistants entered the room, they discovered marijuana in plain sight, and notified University police, who later entered Medlock’s room and seized the drugs. The Dean summarily suspended Medlock for one year. After exhausting internal appeals, Medlock sought a preliminary injunction, citing violation of his Fourth Amendment rights. The district court denied his motion. The Seventh Circuit dismissed an appeal as moot because the suspension had expired.

Ekstrand taught kindergarten from 2000 to 2005. In 2005, she was reassigned to teach a first-grade class at her own request. She was relocated to a classroom with no exterior windows in a busy, loud area of the school. Ekstrand repeatedly requested a change of classroom. The principal worked to make the classroom more hospitable, but denied requests to switch rooms. After the school year began, Ekstrand experienced symptoms of seasonal affective disorder, a form of depression. Both her psychologist and her primary care physician recommended a leave of absence. Her initial leave was only three months, but the following winter, her doctor advised that Ekstrand would be unable to return to teach for the remainder of the 2005-06 term. The leave of absence was later extended to include the 2006-07 term. The district court granted the district summary judgment, but on remand, a jury returned a verdict in favor of Ekstrand under the Americans with Disabilities Act. The Seventh Circuit affirmed. There was sufficient evidence for a reasonable jury to decide that Ekstrand was a qualified individual with a disability and that the school district knew of that disability, but failed to accommodate her with a new classroom.

Plaintiffs were high school football players that earned scholarships to play for National Collegiate Athletic Association Division I football programs. Both suffered career-ending football injuries at college. Their athletic scholarships were good for one year. When injuries prevented them from playing football, their scholarships were not renewed. Plaintiffs challenge two NCAA regulations as having an anticompetitive effect, in violation of the Sherman Act. 15 U.S.C. 1: the cap on the number of scholarships given per team and the prohibition of multi-year scholarships. The district court dismissed, finding that plaintiffs failed to allege a relevant commercial market on which NCAA Bylaws had an anticompetitive effect. The Seventh Circuit affirmed. It was not clear whether plaintiffs believed that the Bylaws affect an overall market for degrees, which would impact scholarship athletes and non-athletes alike, or some market that only concerns athletes attempting to obtain education in exchange for athletic services. Plaintiffs claimed that they alleged that there was no practical alternative for students wishing to pursue an education in exchange for playing ability, but the complaint explained the lack of practical alternatives for colleges wanting to field teams outside of the NCAA framework, not the lack of alternatives for student-athletes.

The Chicago Tribune published articles revealing that the University of Illinois had a special process for reviewing applications from students with well-placed supporters. The President of the University system, the Chancellor of one campus, and seven of the nine members of the Board of Trustees eventually resigned. The Tribune sought additional information through the Freedom of Information Act, 5 ILCS 140/1: the names and addresses of the applicants' parents and the identity of everyone involved in the applications. The University invoked Exemption 1(a), which provides that agencies will withhold information specifically prohibited from disclosure by federal or State law, pointing to 20 U.S.C. 1232g(b)(1), Family Education Rights and Privacy Act of 1974, as prohibiting disclosure. It precludes federal funding for any educational institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein) of students without the written consent of their parents. The Tribune asked a federal district court for a declaratory judgment, which was granted on grounds that the 1974 Act does not prohibit disclosure, just funding. The Seventh Circuit vacated and ordered dismissal for lack of subject matter jurisdiction.