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

Green Bay Police Department officers arrested Tubby and transported him to jail for booking. In the jail’s secure entryway, Tubby became non-compliant, refusing to exit the squad car and concealing one hand under his shirt while threatening to “do it” if officers came any closer. The officers called for backup. Tubby was eventually forced out of the car with pepper spray. He kept one hand under his shirt in a manner that, to officers, indicated he had a weapon. Exiting the squad car, Tubby refused to surrender but instead rushed toward the exit in an apparent escape attempt. An officer heard a “pop” that he believed to be a gunshot coming from the weapon he presumed Tubby was hiding and discharged his firearm eight times, hitting Tubby with five shots. Tubby died. His estate filed suit, 42 U.S.C. 1983.The Seventh Circuit affirmed summary judgment in favor of the defendants. The officer’s conduct did not violate Tubby’s constitutional rights to be free from unreasonable seizures; qualified immunity shields the officer from liability. The officer’s conduct was reasonable, given that Tubby intentionally led the officers to believe he was armed and ready to “do it.” View "Doxtator v. O'Brien" on Justia Law

Miller and Krasilnikova are married. Miller pled guilty to wire fraud. His sentence included an order to pay approximately $1.1 million in restitution. Days after Miller received his sentence, Krasilnikova agreed to sell their family home to a third party for $855,000. The United States then gave notice of a lien on the property, 18 U.S.C. 3613(c), asserting that Miller had a one-half interest in the proceeds and that his share should be used to pay restitution. Krasilnikova argued that she was the sole owner; the title to the property was only in Krasilnikova’s name.The Seventh Circuit upheld an order dividing the sale proceeds equally so that Miller’s share will be applied to the restitution order. The district court properly considered additional evidence. Under Illinois law, courts evaluating ownership can look past title and instead ask who actually exercised control over the property at issue. A series of property transfers and mortgages casts significant doubt on the legitimacy of Krasilnikova’s paper title. Ample evidence suggests that Miller and Krasilnikova manipulated property and financial records and even forged signatures to conceal the true ownership of the property. View "Krasilnikova v. United States" on Justia Law

While incarcerated in Cook County Jail, Thomas was assaulted by another inmate. Seventeen months later, he filed suit under 42 U.S.C. 1983 and other federal statutes against Sheriff Dart, Cook County, and other Jail personnel, including corrections officers to whom he allegedly reported the inmate’s threat of violence. All of his claims were either dismissed or resolved against Thomas on summary judgment.Years after litigation began, Thomas sought to amend his complaint for a third time to name as defendants intake clerks who screened him at the Jail; he alleged they purposely omitted from intake forms that he suffered from mental health problems and that this omission led to his assault. The court denied the motion to amend. Thomas challenged the denial of that motion, asserting that the ruling demonstrated the court’s bias against him. The Seventh Circuit affirmed. The amendment Thomas sought would have been futile and no bias against Thomas can reasonably be inferred from the district court’s adverse rulings. Thomas did not state a viable claim. Without more, simply being housed in the Jail’s general population, even while suffering from PTSD, is not a particular enough risk in the failure-to-protect context. View "Thomas v. Dart" on Justia Law

In 2006, an ATF agent posed as a drug courier and recruited Blitch and others to steal cocaine from a fictional drug cartel stash house. On the night the robbery was planned to take place, an ATF team arrested the men. On retrial, a jury found them guilty of conspiracy to possess with intent to distribute cocaine in excess of five kilograms, 21 U.S.C. 846; possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A); and being felons in possession of a firearm, section 922(g)(1). Blitch was sentenced to the statutory minimum of 25 years in prison. The Seventh Circuit affirmed.In 2016, Blitch moved, pro see, to vacate his sentence under 28 U.S.C. 2255, challenging the application of a sentencing enhancement based on his prior conviction for possession of a controlled substance. More than a year after the denial of that petition, Blitch moved to reopen judgment under Federal Rule of Civil Procedure 60(b)(6). The district court denied the motion, finding it to be in substance a successive 2255 petition, which could only be brought if the Court of Appeals certified that it rested on newly discovered evidence or a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. The Seventh Circuit affirmed. Even without the additional restrictions applicable to successive habeas corpus petitions, Blitch’s Rule 60(b)(1) motion, alleging mistake, was subject to a one-year time constraint. View "Blitch v. United States" on Justia Law

King, who was sentenced to 216 months’ imprisonment following his guilty plea to three heroin charges, sought compassionate release, 18 U.S.C. 3582(c)(1)(A)(i), To establish the required “extraordinary and compelling reasons,” King cited intervening Seventh Circuit precedent (Ruth), which held that a conviction under an Illinois law does not count as a prior cocaine conviction for purposed of certain federal recidivist enhancements.The Seventh Circuit affirmed the denial of relief. There is nothing “extraordinary” about new statutes or caselaw, or a claim that the sentencing judge erred in applying the Guidelines; these ordinary legal issues should be addressed by direct appeal or collateral review under 28 U.S.C. 2255. The Sentencing Commission’s policy statements contemplate the release of prisoners afflicted by severe medical conditions or risks, experiencing a family emergency, or otherwise in unusual personal circumstances. They do not hint that the sort of legal developments routinely addressed by direct or collateral review qualify a person for compassionate release. That the First Step Act lowered sentences for some cocaine crimes, enabled prisoners to seek compassionate release on their own motions, and more, did not modify the “extraordinary and compelling reasons” threshold for eligibility. King’s effort to use “Ruth” as a door opener under the compassionate-release statute is foreclosed by other decisions. View "United States v. King" on Justia Law

Westfield amended its ordinance governing signs within city limits. Out of a stated concern for public safety and aesthetics, the ordinance requires those wishing to install a sign or billboard to apply for a permit. The ordinance exempts directional signs, scoreboards, particular flags, and notices on gas pumps and vending machines. It prohibits signs on poles and those advertising ideas, products, or services not offered on the same premises (off-premises signs). Those seeking to install a non-compliant sign may appeal the denial of a permit or, if necessary, request a variance. GEFT applied for a permit to build a large digital billboard on private property along U.S. Highway 31 in Westfield. Because of the proposed sign’s off-premises location and use of a pole, Westfield denied GEFT’s application and subsequent variance request.GEFT sued, 42 U.S.C. 1983. The Seventh Circuit previously upheld a restraining order compelling GEFT to cease all actions to install its proposed billboard pending the outcome of the litigation. The district court later granted GEFT summary judgment and permanently enjoined Westfield from enforcing many aspects of its ordinance. The Seventh Circuit remanded for consideration in light of the Supreme Court’s recent decision in “City of Austin v. Reagan National;” the fact that the city must read a sign to evaluate its conformity with regulations is not alone determinative of whether the regulation is content-based. View "GEFT Outdoors, LLC v. City of Westfield" on Justia Law

Kingman, Rhinelander Wisconsin’s Director of Public Works, spoke at a City Council meeting with a declaration of no confidence in a colleague. Rhinelander investigated Kingman’s contentions and found them without merit. In the process, however, third-party investigators discovered that Kingman himself had not only mistreated his employees but also had gone so far as to retaliate against those who had complained about the toxic work environment he created in his department.Kingman was fired and filed a lawsuit, 42 U.S.C. 1983, alleging that the termination reflected retaliation for exercising his First Amendment rights at the City Council meeting. The Seventh Circuit affirmed summary judgment in favor of Rhinelander and individual defendants, concluding that no reasonable jury could find that the Council’s vote to fire Kingman reflected unlawful retaliation. Regardless of whether Kingman spoke to the council as a private citizen or in connection with his employment, Kingman’s behavior toward his subordinates is just the type of “significant intervening event” and seriously “inappropriate workplace behavior” that separates an employee’s protected activity “from the adverse employment action he receives.” View "Kingman v. Frederickson" on Justia Law

When the Indiana Department of Child Services identifies a situation that involves the apparent neglect or abuse of a child, it files a “CHINS” (Children in Need of Services) petition that may request the child’s placement with foster parents. Minors who are or were subject to CHINS proceedings sought an injunction covering how the Department investigates child welfare. The district court denied a request to abstain and declined to dismiss the suit. The Seventh Circuit reversed, noting that only two plaintiffs still have live claims and that it is improper for a federal court to issue an injunction requiring a state official to comply with existing state law. Indiana subsequently filed a bill of costs under Fed. R. App. P. 39(a)(3), against the next friends who represented the minors’ interests. The Seventh Circuit denied that petition. Next friends are not parties to suits in which they assist minors or incompetent persons. Rule 39(a) authorizes awards against losing litigants, not against their agents (which may include lawyers and guardians ad litem as well as next friends). The next friends in this litigation are neither the children’s natural parents nor their foster parents and are not generally responsible for the children’s expenses. View "Ashley W. v. Holcomb" on Justia Law

Rankins, a DHL employee, was seriously injured at work when a cable within a winch system snapped. Rankins received workers’ compensation benefits. The winch system was designed and installed by SSK. Rankins brought products-liability claims in state court against SSK. DHL lost the physical pieces of the winch system after the suit was removed to federal court. SSK brought a third-party suit against DHL seeking damages for the spoliation of evidence and seeking contribution under the Illinois Joint Tortfeasor Contribution Act. DHL settled with Rankins by waiving its workers’ compensation lien ($455,229.17) and paying an additional $87,500. DHL then argued that its good-faith contribution settlement with Rankins entitled it under state law to a full dismissal of all third-party claims stemming from Rankins’s injury. The district court rejected SSK’s argument that the settlement did not compensate SSK for its own spoliation-related difficulties and dismissed SSK’s third-party complaint.The court found that, under FRCP 54(b), there was no just cause for delaying SSK’s appeal of the dismissal of the spoliation claim. The Seventh Circuit dismissed the appeal for lack of jurisdiction. The spoliation and product liability claims are not factually and legally separable to the extent required by Rule 54(b), so there is no final judgment. View "Systems Solutions of Kentucky LLC, v. DHL Express (USA), Inc." on Justia Law

In 2017 Nigro, a certified nurse anesthetist, began working at Riley Hospital. Division Director, Dr. Sadhasivam, recruited her and started implementing a new team-based care model. Within a year, an internal investigation revealed department-wide concern over the model’s efficacy and impact on team dynamics. Some employees believed that Sadhasivam’s leadership style resulted in a tense workplace. In 2017-2019, Nigro was the subject of multiple complaints, mostly concerning her attitude and ability to work on a team. Coworkers described her as “rude, snappy and belittling,” with management expressing concern that her behavior undermined the department’s already delicate atmosphere of collegiality. After investigating the complaints, hospital decision-makers issued a “coaching memorandum” to Nigro. A month later, it was determined that Nigro had engaged in timekeeping fraud by not working at times when she had been clocked in, Sadhasivam and three female administrators, agreed to terminate her for misconduct.Nigro filed suit under Title VII, 42 U.S.C. 2000e-2(a)(1), alleging sex-based discrimination and retaliation because of a supportive affidavit she had signed in another employee’s discrimination case. The Seventh Circuit affirmed summary judgment in favor of the defendants. There is neither direct nor indirect evidence to support Nigro’s Title VII claim. View "Nigro v. Indiana University Health Care" on Justia Law