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

Runkel worked as the assistant purchasing agent for Springfield, Illinois. The purchasing agent announced that he planned to leave the position. Runkel, who is white, unsuccessfully sought a promotion to that job. The city promoted a Black candidate, Wilkin, who had worked under Runkel’s supervision. Runkel was offered a $5,000 per year raise but nonetheless stated that she believed the hiring was discriminatory; she caused a disturbance in the office. Runkel filed a race discrimination charge with the EEOC. Runkel was disciplined and the promised raise was revoked. She retired and filed suit under Title VII, 42 U.S.C. 2000e-2(a)(1), 2000e-3(a), and the Equal Protection Clause. The district court granted the defendants summary judgment.The Seventh Circuit reversed. The city told incompatible stories about how and why Wilkin was chosen for promotion and Runkel was not. One version relied explicitly upon race as a factor. Regarding Runkel’s retaliation claim, the explanation for disciplining Runkel and taking away the promised raise also involves genuine questions of material fact. Her disruptive response to the denial of the promotion could warrant discipline, but giving Runkel the benefit of conflicts in the evidence and reasonable inferences from it, a reasonable jury could find that Springfield’s stated nondiscriminatory justifications for the promotion decision are pretextual and that it retaliated against Runkel for claiming discrimination. View "Runkel v. City of Springfield" on Justia Law

OSHA inspector Minett-Jackson attempted to conduct an inspection of AMC, a Chicago fruit and vegetable wholesaler. AMC considered the timing suspicious because AMC was scheduled to go to trial on another OSHA matter days later. AMC denied Minett-Jackson entry. OSHA applied for an ex parte inspection warrant. Minett-Jackson’s warrant application stated that it was “based upon a complaint from one of AMC’s current employees.” who had witnessed a forklift accident. Minett-Jackson stated that, based on her training and experience, she knew that the described situation might constitute violations of the Occupational Safety and Health Act, 29 U.S.C. 651. When Minett-Jackson returned to AMC with a warrant, she was again denied entry. AMC filed an emergency motion to stay the warrant and unseal the application and requested time to file a motion to quash the warrant on the ground that it was not supported by probable cause.The Seventh Circuit dismissed an appeal from the denial of the motion to quash, noting that the district court’s order was not final under 28 U.S.C. 1291. Significant ongoing proceedings in the district court afford the contesting party a full opportunity to object to the warrant in an adversarial context. Motions for contempt and to toll the statute of limitations are pending before the district court. View "Anthony Marano Co. v. Walsh" on Justia Law

Olson and Zdroik sustained injuries while volunteering at municipal fireworks displays in 2018. Fireworks distributed by Spielbauer Fireworks exploded prematurely at both events, severely burning the two. Both towns used teams of volunteers to operate their Fourth of July displays. Olson opened and closed a bin from which other volunteers retrieved fireworks during the Rib Lake show. Zdroik worked at the Land O’Lakes event as a “shooter,” manually lighting the fuses on mortar shells.Spielbauer’s insurer, T.H.E. Insurance, contested coverage under Spielbauer’s general and excess liability policies, which stated: This policy shall NOT provide coverage of any kind ... for any claims arising out of injuries or death to shooters or their assistants hired to perform fireworks displays or any other persons assisting or aiding in the display of fireworks whether or not any of the foregoing are employed by the Named Insured, any shooter or any assistant. The issue was whether the exclusion extends to all volunteers or only to those assisting hired shooters or hired assistants.The Seventh Circuit affirmed, in favor of T.H.E. Insurance. The Shooters Endorsement plainly and unambiguously excludes from coverage hired shooters and their hired assistants and “any other persons” who assist the fireworks display, regardless of whether they assist hired persons. View "T.H.E. Insurance Co. v. Olson" on Justia Law

Rodriguez was arrested for domestic violence. He gave the police his brother’s name and date of birth. He was convicted and sentenced to probation. Although the court had learned Rodriguez’s real name, the judgment of conviction listed “Ely M. Martinez” as an alias for Rodriguez and listed Martinez’s date of birth. Rodriguez failed to report for probation. An arrest warrant was issued with the same information as the judgment. Years later, police arrested Martinez for an unrelated offense and booked him in the Milwaukee County Jail on a Wednesday. The next day, the district attorney decided not to press charges but a warrant check revealed the outstanding warrant for Rodriguez. Although jail officials made efforts to positively identify the detainee, he was not released until Tuesday morning.Martinez sued under 42 U.S.C. 1983, claiming due process violations. The district court entered summary judgment for the defendants, concluding that Martinez’s detention was relatively brief and Martinez could not show that the defendants failed to investigate or ignored evidence of his innocence. The Seventh Circuit affirmed. Although the defendants could have improved aspects of their investigation, Martinez has not provided evidence showing that they were deliberately indifferent to his claims of mistaken identity. View "Martinez v. Santiago" on Justia Law

Walton supplied crack cocaine to the people who ran three Gary, Indiana drug houses. Gould dealt drugs out of a different drug house. Eventually, more than 20 people were indicted for the drug conspiracy. Many pled guilty. Walton and Gould were convicted of conspiracy to distribute powder and crack cocaine (21 U.S.C. 841, 846). A jury found them guilty of conspiring to distribute more than 280 grams of crack cocaine but did not find them culpable for any quantity of powder cocaine. The court sentenced Walton to 360 months and Gould to 168 months.The Seventh Circuit affirmed, rejecting a claim that the district court erred by holding a trial in March 2020 during the COVID-19 pandemic. The court also rejected challenges to the sufficiency of the evidence and to Walton's sentence. There was no evidence that the jurors rushed to verdict in order to go home.Harris, who pled guilty, argued that his written judgment contradicted the district judge’s oral pronouncement of his sentence. The court rejected that argument, noting that it was not barred by Harris’s appeal waiver. An argument that a written judgment conflicts with a sentencing judge’s oral pronouncement is not a challenge to the sentence—it is a request for imposition of the actual sentence the judge intended. View "United States v. Gould" on Justia Law

S.B., age 13, lived with his mother in Michigan and visited relatives in Indiana. S.B.’s uncle, Hinkle, isolated and molested S.B. during two visits. By the time he was 17, S.B. used opiates and marijuana regularly and had experimented with heroin. During a family meeting to address his drug use, S.B. admitted his drug use and that Hinkle had molested him.Hinkle was charged with child molesting, sexual misconduct with a minor, and being a repeat sexual offender. Hinkle’s counsel opposed a motion to exclude evidence of S.B.’s drug use, arguing the evidence was relevant to show S.B.’s motive to fabricate allegations. The court ruled that it would not allow evidence of S.B.’s drug use except to show that it interfered with his ability to recall relevant events. At trial, Hinkle’s counsel unsuccessfully argued (outside the jury’s presence) that S.B. had falsely accused Hinkle to avoid facing consequences when his family confronted him for using narcotics. The jury heard evidence that S.B. “ha[d] a habit of playing family members against each other,” and was “really good at lying.” S.B. testified that he had convictions for credit card fraud, auto theft, and retail fraud.Hinkle was convicted and sentenced to 42 years in prison. The Seventh Circuit affirmed the denial of his habeas petition. The Court of Appeals of Indiana did not unreasonably apply federal constitutional law in upholding the exclusion of evidence of S.B.’s drug use. View "Hinkle v. Neal" on Justia Law

In 2005 Newbern pleaded guilty to possessing crack cocaine with intent to distribute. District judge Herndon found that Newbern had prior convictions for crimes of violence, including reckless discharge of a firearm, qualifying him as a career offender, and had distributed at least 50 grams of crack cocaine. With an advisory range of 262–327 months’ imprisonment, he sentenced Newbern to 300 months, explaining that he would have imposed the same sentence regardless of the career-offender determination.The Seventh Circuit subsequently held that reckless discharge of a firearm is not a crime of violence. Judge Herndon twice denied Newbern relief, reiterating that he would have sentenced Newbern to 25 years regardless of his career-offender status. Newbern later sought resentencing under the First Step Act; he met the criteria for relief: his sentence was based on the pre–Fair Sentencing Act crack-to-powder ratio, he committed his crime before August 2, 2010, his sentence had not been previously reduced under the First Step Act, and a previous motion for a sentence reduction had not been denied on the merits. Newbern reiterated that reckless discharge of a firearm no longer qualifies as a crime of violence and underscored his prison record. Judge Yandle denied Newbern’s motion, noting that Newbern’s guidelines range remained the same and adopting Herndon’s statements.The Seventh Circuit vacated, citing the 2022 Supreme Court holding (“Concepcion”) that “when deciding a First Step Act motion, district courts bear the standard obligation to explain their decisions and demonstrate that they considered the parties’ arguments.” The district court did not consider Newbern’s good-conduct argument. View "United States v. Newbern" on Justia Law

In 2014, Lomax was convicted of heroin distribution and firearm offenses. Lomax’s prior felony convictions for drug and violent offenses subjected him to increased penalties; the district court sentenced Lomax to 400 months of imprisonment. On remand in 2017, the district court again sentenced Lomax to 400 months of imprisonment. In 2019, Lomax moved, pro se, to vacate his sentence pursuant to 28 U.S.C. 2255, alleging his counsel performed deficiently during his 2017 resentencing by failing to investigate whether Lomax’s prior Indiana cocaine conviction constituted a “felony drug offense” under 21 U.S.C. 841. The district court construed Lomax’s motion as arguing that he was actually innocent of the section 841 sentencing enhancement and agreed that he was. Lomax was resentenced in 2021, without application of the section 841 sentencing enhancement, to a term of 300 months of imprisonment.The Seventh Circuit affirmed. The district court did not abuse its discretion by not holding a section 2255 evidentiary hearing regarding his ineffective assistance of counsel allegations. Lomax’s prior attempted murder conviction constitutes a crime of violence under U.S.S.G. 4B1.2. View "United States v. Lomax" on Justia Law

Rock Hemp contracted with CBDINC to purchase 6,000 hemp seeds. CBDINC is a fictitious business name used by Dunn, Davies, and Kolodny (Appellees). The contract contains an arbitration clause requiring “[a]ny dispute arising out of this Agreement” be resolved through “binding arbitration” in Denver, Colorado. Disappointed with CBDINC’s hemp seeds, Rock sued the Appellees individually, not CBDINC, in Wisconsin state court. The Appellees removed the case to federal court and moved to dismiss the case for failure to comply with the arbitration clause. Rock sought remand under 28 U.S.C. 1447.The Seventh Circuit affirmed the judgment in favor of the Appellees. Based on the date when Rock “specifically disclose[d] the amount of monetary damages sought,” the district court correctly found that removal was timely. The Appellees did not fully litigate the merits of the case in state court. The allegations in the complaint make clear that CBDINC was not a distinct legal entity from the Appellees, and Rock does not allege it was confused or deceived by the use of the d/b/a; the district court correctly concluded that the contract is valid and Appellees have standing to enforce it. View "Rock Hemp Corp. v. Dunn" on Justia Law

In March 2019, Lloyd robbed a Credit Union and led police on a high-speed chase, Lloyd was charged with credit union robbery and transporting stolen money interstate. On July 11, 2019, he pleaded not guilty. After a plea of not guilty is entered, the Speedy Trial Act requires that the trial begins within 70 days of the filing of the indictment or the arraignment, 18 U.S.C. 3161(c)(1), with exceptions including for delay resulting from mental competency examinations The court granted Lloyd two continuances. Trial was set for December 30, but on November 19, Lloyd’s attorney sought a competency evaluation. The court entered an order on November 22. Lloyd did not arrive at the site of his examination until February 27, 2020. The pandemic struck. Lloyd’s evaluation was completed on May 8, 2020; the psychologist’s report was finalized on May 26. Lloyd was returned to jail on July 1, 2020. On September 23, the court found Lloyd competent. The government conceded that over 70 non-excludable days elapsed. The court dismissed the case without prejudice.The government promptly brought the same charges again. Lloyd pleaded guilty, reserving his right to appeal. The Seventh Circuit affirmed. The district court did not abuse its discretion. The facts and circumstances leading to dismissal weighed in favor of dismissal without prejudice. The discussions between counsel and the court at the hearing demonstrate the court’s sufficient consideration and application of all the factors within the Act. View "United States v. Lloyd" on Justia Law