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

Police believed one man committed 10 armed robberies in the Madison, Wisconsin area in late 2018. On November 4, 2018, the suspect, subsequently identified as Edwards, robbed Neil’s Liquor in Middleton. Security camera footage enabled officers to obtain a warrant for a GPS tracking device on Edwards’s vehicle. After another armed robbery and a high-speed chase, police obtained a warrant, searched the vehicle, and recovered a loaded handgun, cash, drugs, gloves, and a ski mask. Police later re-entered the vehicle, without a warrant, to retrieve the property of a witness (Wood)s who had been in the car with Edwards, Edwards was apprehended weeks later.The Seventh Circuit affirmed his convictions for Hobbs Act robbery, brandishing a firearm in furtherance of a crime of violence, being a felon in possession of a firearm, possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. The court upheld the denial of Edwards’s motion to suppress the evidence obtained from the GPS tracking device. Security camera footage supported the description in the affidavit. All five “Biggers” factors support the reliability of Woods's photo identification of Edwards; the process did not give rise to a substantial likelihood of irreparable misidentification. Rejecting an argument concerning the unwarranted search of his vehicle, the court stated Edwards had no expectation of privacy in the abandoned vehicle. View "United States v. Edwards" on Justia Law

The Southern District of Indiana imposed a filing bar against Martin for submitting false information in an application to proceed in forma pauperis. Martin subsequently filed suit in the Northern District of Indiana under 42 U.S.C. 1983, alleging that an Indiana State Prison guard sexually assaulted him. The defendants argued that Martin had forged the signature, date, and checkmark on a grievance form to avoid summary judgment for failure to exhaust administrative remedies. Martin unsuccessfully moved to remove the allegedly falsified documents from the record and asked the court to appoint handwriting and computer experts; he alleged the defendants had tampered with the forms.The district court found that Martin had knowingly submitted an altered form and, under FRCP 56(h), barred him for two years “from filing any document in any civil case in this court until he pays all fines and filing fees due in any federal court.” The bar does not apply to appeals or to habeas corpus petitions. The court dismissed all of Martin’s pending civil cases. The Seventh Circuit affirmed. The evidence of Martin’s fraud was plain, and the court did not abuse its discretion in deciding that it did not need an expert to understand the evidence. The court reasonably concluded that a hearing would not aid its decision. “Martin’s conduct in this case and others cannot be tolerated.” View "Martin v. Redden" on Justia Law

A fire consumed Jones’s house in 2013. York, a county sheriff’s investigator, initially blamed an electrical malfunction. When he learned that Jones’s friend, Onopa, claimed to have a recording of Jones admitting to arson, he reopened the investigation. York interviewed several witnesses, analyzed Jones’s telephone records, and secured Onopa’s recording, then referred the matter to the district attorney, After her conviction, Jones obtained new counsel and argued that her trial counsel was ineffective for failing to move to suppress Onopa’s recording as created for the purpose of extortion. Before the court ruled on the matter, the district attorney dropped all charges against Jones. Jones then sued York and Adams County under 42 U.S.C. 1983. She contended that York violated her due process rights by withholding exculpatory evidence, fabricating inculpatory evidence, testifying falsely at trial, and prosecuting her without probable cause.The district court granted the defendants summary judgment to the defendants. The Seventh Circuit affirmed. No reasonable jury could find for Jones on any of her claims. Jones’s cell phone records were presented and discussed by both sides at trial. The jury heard testimony from York, Jones, and Onopa. Questioning by both sides exposed the discrepancies in each witness’s version of events. Jones failed to show a genuine dispute of fact as to whether York fabricated evidence. View "Jones v. York" on Justia Law

Ostrowski worked for the Lake County Sheriff’s Department before a workplace injury left him permanently disabled. He now receives a monthly pension payment from the County. Lake County’s disability pension plan does not provide cost-of-living increases, while its pension plan for non-disabled retirees does. Ostrowski filed suit, arguing that the difference between the plans violated the Equal Protection Clause, Title I of the Americans with Disabilities Act, 42 U.S.C. 12112, and the Rehabilitation Act, 29 U.S.C. 794. The district court held that Ostrowski’s suit was barred by a 2017 waiver that he signed while settling a “reasonable accommodation” claim against Lake County. The Seventh Circuit affirmed in part. Ostrowski’s claims were not barred by the waiver, but failed on the merits; the court noted a general exclusion in the agreement for matters affecting Ostrowski’s pension. Retired and other former workers are not protected by Title I of the ADA and Ostrowski forfeited his arguments with respect to the Rehabilitation Act. Ostrowski’s Equal Protection claim qualified only for rational basis review. Lake County has a legitimate interest in providing pension plans that meet the differing needs of distinct groups; the cost-of-living adjustment is one of several relevant differences in the plans. The court reversed an award of fees and costs. View "Ostrowski v. Lake County, Indiana" on Justia Law

Berkman killed his drug supplier. An Indiana jury acquitted Berkman on a first-degree murder charge, but could not reach a verdict related to felony murder. At a second trial, a key prosecution witness, Timmerman, was declared unavailable due to illness; her testimony from the first trial was read into the record. Berkman appealed his subsequent conviction, challenging the admission of Timmerman’s testimony. The Court of Appeals of Indiana determined that the trial court did not abuse its discretion in admitting the evidence given that Timmerman was unavailable and that Berkman had had an opportunity to cross-examine her at the first trial. The Indiana Supreme Court denied transfer.Berkman filed a pro se federal habeas petition in which he maintained that the introduction of Timmerman’s testimony violated his Sixth Amendment right to confront witnesses. The Seventh Circuit upheld the denial of relief. The Court of Appeals of Indiana did not unreasonably apply the Supreme Court’s “Crawford” decision. Timmerman initially was unavailable because she was hospitalized following a sudden illness. The trial court postponed the trial for several days; there is no Supreme Court precedent that required the court to reevaluate Timmerman’s condition after the early-lunch recess to determine whether her condition had improved so that she was able to testify. View "Berkman v. Vanihel" on Justia Law

Canter worked as a premises technician, installing wires, lifting heavy loads, and climbing tall ladders. After he began to suffer from severe migraines, lightheadedness, and dizziness, Canter concluded that he no longer could perform that work. He applied for short-term disability benefits in February 2017 through an AT&T plan. The plan administrator granted benefits for a few months, but AT&T terminated benefits after an independent medical reviewer concluded that Canter’s medical tests were normal and that his symptoms had improved. After Canter unsuccessfully appealed this decision using AT&T’s internal processes, he sued under the Employment Retirement Income Security Act (ERISA), 29 U.S.C. 1132.The district court granted the defendants summary judgment in favor of the defendants. The Seventh Circuit affirmed the decision but reversed the court’s award of $181 in pro hac vice fees to the defendants as not taxable “costs” under 28 U.S.C. 1920. Extensive medical testing consistently yielded normal results, even though the medical providers and reviewers thought that a significant problem would have shown up in one or more concrete, physiological ways. Canter himself reported that he was experiencing improvement. View "Canter v. AT&T Umbrella Benefit Plan No.3" on Justia Law

In September 2016, Legend’s Creek filed a claim with Travelers for hail and wind damage that had occurred in May 2016 to the north-facing sides of insured condominium buildings. Legend’s Creek retained Kassen to negotiate the claim with Travelers’ agent Knopp. The two initially agreed to repair the north-facing sides of the buildings. Travelers issued a $644,674.87 check. In January 2017, Kassen informed Knopp that the repairs were unacceptable. Travelers investigated and submitted additional checks of $238,766.88 and $28,438.02. Kassen told Knopp that the north-facing sides had to be completely replaced. Travelers agreed and, in February 2018, submitted an estimate. Less than three weeks before the contractual deadline to file suit Kassen demanded the replacement of all sides of the buildings because the new sides did not match to his satisfaction the undamaged ones. Knopp informed Kassen that Travelers would only replace the damaged north-facing sides and paint them to match.Legend’s Creek sued, alleging breach of contract and bad faith. Travelers argued that the lawsuit was brought outside the two-year contractual window and later moved to compel Travelers to submit to an appraisal. The magistrate compelled an appraisal for discovery purposes. The appraiser granted an “award” to Legend’s Creek based on the mismatched sides. The district court granted Travelers summary judgment. The Seventh Circuit affirmed, citing the limitations clause and rejecting claims of waiver. View "Legend's Creek Homeowners Associaton, Inc. v. Travelers Indemnity Co. of America" on Justia Law

Kithongo, born in Kenya, alleges he and his family endured hardships during his childhood there, including being harassed for political and religious reasons, and he watched a police officer murder his friend during political unrest. Kithongo assumed a new name and began working for a company of acrobats. At age 19, Kithongo was admitted into the U.S. on a P1 nonimmigrant performer visa and overstayed his period of authorization. He is 31 years old and married with children. Kithongo has been convicted of misdemeanors for battery, theft, and marijuana possession. Most recently, he was convicted in Indiana for conspiring with others to rob three victims, two of whom were children. Kithongo knowingly accompanied his co‐conspirators to the scene of the crime, likely aware that one of them was carrying a firearm. The robbery was violent.Kithongo was sentenced to one year in prison and charged with removability under 8 U.S.C. 1227(a)(1)(B), (a)(2)(A)(iii) for having an aggravated felony conviction. Kithongo applied for withholding of removal and relief under the Convention Against Torture (CAT). He denied that his conviction constituted an aggravated felony and applied for adjustment of status. The IJ ordered Kithongo removed; the BIA affirmed. The Seventh Circuit dismissed his appeals with respect to adjustment of status and withholding for lack of jurisdiction and denied the appeal concerning CAT relief on exhaustion grounds. View "Kithongo v. Garland" on Justia Law

The diversity-visa program makes as many as 55,000 visas available annually to citizens of countries with low rates of immigration to the United States, 8 U.S.C. 1151(e), 1153(c); the State Department holds a lottery to determine priority. Applicants who qualify, through random selection, for a diversity visa “shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.” The fiscal-year limit has caused many applications to fail; bureaucratic inertia or foul-ups have the same effect as affirmative decisions that applicants are ineligible. The Seventh Circuit held in 2002 held that the fiscal-year limit cannot be extended by judicial order.In March 2020, the State Department stopped processing routine visa applications, including diversity visas. High-priority applications, such as for diplomats, medical emergencies, and medical personnel, continued to be approved. Two presidential orders confirmed the Department’s approach. Fiscal Year 2020 expired.The Seventh Circuit affirmed the dismissal of a suit by applicants whose eligibility had expired. Section 1154(a)(1)(I)(ii)(II) applies regardless of the relief sought; it does not set a time limit for administrative action nor impose any duty on the State Department. It only specifies the consequence of delay: the applicant’s eligibility expires. A court is not authorized to substitute a different consequence. There is no statute authorizing monetary relief for the plaintiffs’ outlays that did not lead to visas. View "Shahi v. United States Department of State" on Justia Law

Illinois Insurance Guaranty Fund is a state-created insolvency insurer; when a member insurer becomes insolvent, the Fund pays covered claims. In cases involving insolvent health insurance, many claims are for patients who are eligible for both Medicare benefits and private health insurance. The Fund sought a determination that it is not subject to reporting requirements under section 111 of the 2007 Medicare, Medicaid, and SCHIP Extension Act, 42 U.S.C. 1395y(b)(7) & (b)(8), which is intended to cut Medicare spending by placing financial responsibility for medical costs with available primary plans first. Because time may be of the essence in medical treatment, the government may make conditionally cover medical expenses for Medicare beneficiaries insured by a primary plan, subject to later reimbursement from a primary plan. Section 111 imposes reporting requirements so that the government can identify the primary plan responsible for payment. The Fund believes that it is not an “applicable plan.”The district court dismissed for lack of subject-matter jurisdiction, reasoning the government had not made a final decision through its administrative processes. The Seventh Circuit affirmed. The Fund can obtain judicial review of its claim in a federal court only by channeling its appeal through the administrative process provided under 42 U.S.C. 405(g). The usually-waivable defense of failure to exhaust administrative remedies is a jurisdictional bar here. View "Illinois Insurance Guaranty Fund v. Becerra" on Justia Law