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

The plaintiff, Word Seed Church, now known as Grace Fellowship Covenant Church, sought to establish a permanent location in the Village of Hazel Crest but faced difficulties due to the village's zoning ordinance. The church claimed that the ordinance discriminated against religious assemblies by not listing churches as a permitted use in any zoning district and requiring a special use permit for churches in certain residential districts. The church argued that this process was burdensome and discriminatory, violating the Equal Protection Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA).The United States District Court for the Northern District of Illinois initially denied the church's motion for a preliminary injunction, finding that the church had standing but was unlikely to succeed on the merits. Later, the district court granted summary judgment in favor of the village, concluding that the church did not have a property interest in Hazel Crest and had not shown that comparable secular organizations were treated more favorably. The court also rejected the church's vagueness challenge to the zoning ordinance. The church did not appeal the summary judgment but instead filed a Rule 60(b) motion for relief from judgment, arguing that the district court had evaluated the wrong version of the zoning ordinance. The district court denied this motion.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's denial of the Rule 60(b) motion. The appellate court found that the district court did not abuse its discretion in its decision. The court noted that the church's argument regarding the zoning ordinance amendments was not raised during the summary judgment proceedings and that the church had waived any challenge to the B-2 district, which was affected by the 2008 amendment. The appellate court concluded that the church's difficulties in finding a property were due to the lack of suitable parcels, not the zoning ordinance. View "Word Seed Church v. Village of Hazel Crest" on Justia Law

The FBI conducted an investigation into a dark-web child pornography website called "Playpen." In 2015, the FBI took control of the website's servers and obtained a warrant to deploy a Network Investigative Technique (NIT) to identify users. Donald Dorosheff, a resident of Springfield, Illinois, was identified as a user and subsequently charged with receiving and possessing child pornography. Dorosheff sought to suppress the evidence obtained from his digital devices, arguing that the magistrate judge who issued the NIT warrant lacked authority under Rule 41 of the Federal Rules of Criminal Procedure to authorize an extraterritorial electronic search.The United States District Court for the Central District of Illinois agreed that the magistrate judge exceeded her authority under Rule 41 but applied the good-faith exception and declined to suppress the evidence. The court found that the officers acted in an objectively reasonable manner in relying on the magistrate judge's assessment of the law. Dorosheff's motion for reconsideration and a second suppression motion, which argued that high-ranking Department of Justice officials knew the warrant was invalid, were both denied.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The court held that the good-faith exception to the exclusionary rule applied because the agents involved acted reasonably in relying on the magistrate judge's determination of her authority. The court rejected Dorosheff's argument that the DOJ's advocacy for an amendment to Rule 41 indicated knowledge of the warrant's invalidity, noting that the amendment was an attempt to clarify the rule's application to new circumstances. The court concluded that the benefits of suppression did not outweigh its costs, as the case did not involve deliberately culpable police conduct. The decision of the district court was affirmed. View "USA v. Dorosheff" on Justia Law

Timothy Upchurch engaged in a prolonged campaign of harassment against his neighbors, Timothy and Margaret O’Brien, over a disputed easement on their property. Upchurch was convicted of disorderly conduct, criminal damage to property, and theft after trespassing and stealing a security camera from the O’Briens. In retaliation, Upchurch filed a baseless RICO lawsuit against the O’Briens, their lawyer, the local district attorney, and three sheriff’s deputies, alleging interference with his claimed easement. The lawsuit was frivolous as Upchurch did not own an easement. Facing sanctions motions, Upchurch dropped the case, but the district judge awarded sanctions, ordering Upchurch and his attorney, Timothy Provis, to pay the defendants’ costs and attorney’s fees.The United States District Court for the Western District of Wisconsin handled the initial case. The court found Upchurch’s lawsuit to be without merit and filed for the purpose of harassment. The judge imposed sanctions under Rules 11 and 37 of the Federal Rules of Civil Procedure due to the baseless nature of the claims and Upchurch’s failure to comply with discovery obligations. Upchurch and his attorney were ordered to pay the defendants’ costs and attorney’s fees, and Provis was required to disgorge any fees paid by Upchurch.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court dismissed Upchurch’s appeal for lack of jurisdiction, as the notice of appeal was filed outside the 30-day statutory deadline. The court also found the appeal to be frivolous and granted the defendants’ motion for sanctions under Rule 38 of the Federal Rules of Appellate Procedure. The court held that Upchurch and Provis were jointly and severally liable for the costs and reasonable attorney’s fees incurred in defending the appeal. The court directed the O’Briens and Lucareli to submit an accounting of their fees and costs within 15 days. View "Upchurch v. O'Brien" on Justia Law

Lanlan Li, a 51-year-old woman of Chinese descent, worked as a senior scientist at Fresenius Kabi USA, LLC. In 2019, she developed back pain and eye strain, which led her to take various types of leave. Despite accommodations, her back injury persisted, and she could not return to her position. Consequently, Fresenius terminated her employment. Li sued the company for disability discrimination, retaliation, and failure to accommodate under the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA), as well as for national origin and age discrimination under Title VII and the Age Discrimination in Employment Act (ADEA).The United States District Court for the Northern District of Illinois granted summary judgment in favor of Fresenius on all claims. The court found that Li failed to exhaust her administrative remedies for her age and national origin claims, as she did not include a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). The court also held that her disability and retaliation claims failed on the merits, noting that Li was not a qualified individual under the ADA because she could not perform the essential functions of her job, including bench work.The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The appellate court agreed that Li was not a qualified individual under the ADA and that Fresenius had provided reasonable accommodations. The court also found that Li failed to present evidence of age or national origin discrimination and that her retaliation claim lacked a causal connection between her EEOC charges and her termination. Therefore, the court upheld the summary judgment in favor of Fresenius. View "Li v. Fresenius Kabi USA, LLC" on Justia Law

Brian Threlkeld, after serving a prison sentence for sexually assaulting a minor, was civilly committed by the State of Wisconsin as a sexually violent person in 2008. In 2020, the state agreed he was eligible for supervised release, contingent on finding suitable housing in Kenosha County. However, Kenosha County has not been able to identify compliant housing, leaving Threlkeld still committed. Frustrated, Threlkeld filed a federal lawsuit alleging that the state’s housing criteria violated his Fourteenth Amendment rights and sought to enjoin the enforcement of these criteria.The United States District Court for the Eastern District of Wisconsin abstained from exercising jurisdiction under Younger v. Harris, citing ongoing state proceedings to identify suitable housing for Threlkeld. The court emphasized that these proceedings were civil enforcement actions, making federal intervention inappropriate. Additionally, the court noted that Threlkeld could raise his constitutional claims in the state court proceedings.The United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The appellate court agreed that Younger abstention was appropriate due to the ongoing state efforts to find compliant housing. Moreover, the court identified a fundamental flaw in Threlkeld’s federal lawsuit: he named the Wisconsin Secretary of Health Services as the defendant, who does not have the authority to provide the relief sought. The court concluded that the Secretary lacked a sufficient connection to the enforcement of the housing criteria, making the lawsuit against her improper under Ex parte Young. Consequently, the court affirmed the dismissal for lack of federal subject-matter jurisdiction. View "Peshek v. Johnson" on Justia Law

Joshua Campbell sought to suppress evidence of child pornography found during an unannounced parole check by his parole officers. He argued that his Fifth Amendment rights were violated because his parole agreement and the officers' failure to issue Miranda warnings led to the incriminating statements. Campbell contended that the parole agreement compelled his responses under threat of penalty and that he was in custody during the interrogation.The United States District Court for the Northern District of Indiana denied Campbell's motion to suppress the evidence. The court found that the parole agreement did not threaten to penalize Campbell for invoking his Fifth Amendment rights and that he was not in custody at the time he made the incriminating statements. Campbell entered a conditional guilty plea, preserving his right to appeal the district court's decision.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the parole agreement did not impose a penalty for invoking the Fifth Amendment, as it only required Campbell to respond to communications from parole officers, which could include invoking his Fifth Amendment rights. Additionally, the court determined that Campbell was not in custody during the parole check, as he was in a familiar environment, not physically restrained, and the officers did not display weapons or use force. Therefore, the court concluded that Campbell's Fifth Amendment rights were not violated, and the evidence obtained during the parole check was admissible. View "United States v. Campbell" on Justia Law

Robert Mason Elliott was charged with multiple federal offenses, including possession of firearms, sexual exploitation of a minor, and plotting to murder the minor and her mother. Elliott retained Attorney Brandon Sample for his defense. Over a year into the representation, Sample discovered a controlled substance hidden in documents meant for Elliott and sought to withdraw from the case. The court, however, denied Sample's motion, emphasizing Elliott's right to counsel of his choice. Elliott later reached a plea agreement and pleaded guilty to five counts.The United States District Court for the Southern District of Indiana initially handled the case. After Sample's motion to withdraw was denied, Elliott continued with Sample as his attorney. Elliott later filed a second motion to determine his mental competency, which the court granted, and he was found competent to stand trial. Elliott eventually entered a plea agreement, pleading guilty to two counts of murder for hire, two counts of witness tampering, and one count of being a felon in possession of a firearm and ammunition. The court sentenced him to 520 months of imprisonment.The United States Court of Appeals for the Seventh Circuit reviewed the case. Elliott argued that Sample had a conflict of interest and that the district court violated his Sixth Amendment right by not informing him of this conflict, rendering his guilty plea involuntary. The appellate court held that Elliott's Sixth Amendment claim was not foreclosed by the appellate waiver in his plea agreement. However, the court concluded that even if Sample had a conflict of interest, Elliott could not demonstrate that he was adversely affected by it. Therefore, the court affirmed the district court's judgment. View "USA v. Elliott" on Justia Law

Angela Midthun-Hensen and Tony Hensen sought insurance coverage for therapies for their daughter K.H.'s autism from Group Health Cooperative between 2017 and 2019. The insurer denied coverage, citing a lack of evidence supporting the effectiveness of speech therapy for a child K.H.'s age and sensory-integration therapy for autism at any age. The family's employer-sponsored plan only covered "evidence-based" treatments. After several medical reviews and appeals upheld the insurer's decision, the parents sued, alleging violations of the Employee Retirement Income Security Act (ERISA) and state law regarding autism coverage.The United States District Court for the Western District of Wisconsin ruled in favor of the insurer, finding no violations of state law or ERISA. The plaintiffs then focused on their claim that the insurer's actions violated the Mental Health Parity and Addiction Equity Act (MHPAEA), which mandates equal treatment limitations for mental and physical health benefits. They argued that the insurer applied the "evidence-based" requirement more stringently to autism therapies than to chiropractic care, which they claimed lacked scientific support.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The appellate court found that the insurer's reliance on medical literature, which varied in its recommendations based on patient age, was permissible under the Parity Act. The court also noted that the plaintiffs failed to demonstrate that the insurer's treatment limitations for mental health benefits were more restrictive than those applied to "substantially all" medical and surgical benefits, as required by the statute. The court concluded that the plaintiffs' focus on a single medical benefit was insufficient to prove a violation of the Parity Act. View "Midthun-Hensen v. Group Health Cooperative of South Central, Inc.," on Justia Law

Olalekan Jacob Ponle orchestrated a scheme to defraud businesses by using phishing emails and information from the dark web to access corporate email accounts. He and his co-conspirators sent fraudulent emails to employees, instructing them to wire funds to bank accounts controlled by Ponle. This resulted in the theft of over $8 million from seven companies, with an additional $51 million in attempted but unsuccessful thefts.The United States District Court for the Northern District of Illinois charged Ponle with eight counts of wire fraud. He pleaded guilty to one count and acknowledged owing over $8 million in restitution. The court, relying on the United States Sentencing Guidelines, used the intended loss amount to calculate his offense level, resulting in a custodial range of 168 to 210 months. Ponle objected, arguing that "loss" should only include actual loss, not intended loss. The district court disagreed and applied a twenty-two point increase to his offense level.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court's decision, holding that the term "loss" in the Sentencing Guidelines includes both actual and intended loss, as clarified by the Sentencing Commission's commentary. The court found that the commentary, which underwent public notice and comment and Congressional review, was authoritative and consistent with the Supreme Court's decision in Stinson v. United States. Therefore, the district court correctly used the intended loss amount to calculate Ponle's sentence. View "USA v. Ponle" on Justia Law

Pearl Ray and Andrew Ray, Sr. sued medical providers in Illinois state court for medical malpractice, which allegedly injured Pearl and caused Andrew to suffer a loss of consortium. They settled with all but one defendant. Pearl was enrolled in a federal health benefits plan, and Blue Cross and Blue Shield Association (BCBSA) was the plan’s carrier. Under the plan, BCBSA sought reimbursement from the settlement for benefits paid to Pearl. The plaintiffs filed a motion to reduce BCBSA’s reimbursement by their attorney’s fees and costs under Illinois’s common fund doctrine.The case was removed to federal court by BCBSA, arguing federal question jurisdiction and federal officer removal. The United States District Court for the Northern District of Illinois initially denied the remand motion but later reconsidered and remanded the entire case, concluding it lacked federal question jurisdiction. BCBSA appealed, asserting federal question jurisdiction and federal officer removal.The United States Court of Appeals for the Seventh Circuit reviewed the district court’s decision de novo. The court held that federal question jurisdiction was not present, as federal common law did not govern the reimbursement dispute, following the precedent set by Empire Healthchoice Assurance, Inc. v. McVeigh and Blue Cross Blue Shield of Illinois v. Cruz. However, the court found that BCBSA met the requirements for federal officer removal under 28 U.S.C. § 1442, as it was acting under a federal agency (OPM) and had a colorable federal defense.The Seventh Circuit affirmed the district court’s decision in part, reversed in part, and remanded, instructing the district court to exercise jurisdiction over the motion for adjudication while remanding the rest of the case to state court. View "Ray v. Tabriz" on Justia Law