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

An Illinois state agency oversees Metra, a railroad with passenger service over lines radiating from Chicago. For three lines, Metra owns the rolling stock, while Union Pacific supplies the track, the workforce, and ticket sales. Ticket revenue goes to Metra, which pays UP for its services. UP notified Metra that it would discontinue its services. Metra replied that UP cannot drop the service unless relieved of its obligations by the Surface Transportation Board. Metra argued that UP is locked into its relationship with Metra because the 1995 ICC Termination Act repealed 49 U.S.C. 10908, 10909, the only statutes giving the Board authority over the discontinuation of passenger service. UP argued that the repeal deregulated passenger rail service so that railroads can end passenger service when business considerations dictate. Federal law requires the Board’s permission to abandon all service over a line of track but UP will continue freight service; the lines will not be abandoned.The district court declined to defer to the Board’s primary jurisdiction because the dispute does not require any findings of fact by an agency. The Board agreed. The Seventh Circuit affirmed in favor of UP. The controlling contract has long expired. Any reduction in service, therefore, depends on “compliance with all applicable statutory and regulatory provisions.” To the extent that UP is a common carrier—rather than an independent contractor of Metra—it has unfettered authority to discontinue any service without the Board’s approval if it keeps the rails in place and continues running some trains. View "Union Pacific Railroad Co. v. Regional Transportation Authority" on Justia Law

Dixon Correctional Center Officer Brinkmeier informed inmate Walker that prison policy prohibited prisoners from maintaining “unsearchable” hairstyles like dreadlocks. Walker told Brinkmeier that he was a Rastafarian and had taken a vow not to cut his hair. Brinkmeier later returned with another officer and again ordered Walker to cut his dreadlocks. The officers disciplined Walker for his disobedience, placing him in segregated housing for several days. Walker submitted an emergency grievance, which was denied without explanation. Walker was told that if he did not acquiesce, a tactical unit would forcibly remove his dreadlocks. Walker allowed the prison barber to shave his hair. Walker regrew his dreadlocks and kept them for three years. During security checks, officers ran their gloved hands through his dreadlocks. When he was released from Dixon, Walker’s dreadlocks were roughly the same length as they had been when he entered prison.Walker sued for violations of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc-1. The district court noted that under Circuit precedent, Walker could not seek monetary damages against individual defendants under RLUIPA; “the only relief available under RLUIPA,” injunctive relief, was moot because Walker had been released. The court also granted the defendants summary judgment on Walker’s First Amendment claim, citing qualified immunity. The Seventh Circuit dismissed an appeal, finding that Walker abandoned his RLUIPA damages claim. View "Walker v. Baldwin" on Justia Law

Fehlman was the Neillsville Police Department’s interim police chief in 2019. In 2020, Mankowski was hired as the permanent chief. Fehlman returned to being a rank-and-file officer. Over the next several months, Fehlman raised concerns about the management of the department, which Mankowski rebuffed. Fehlman and other officers requested a meeting with the Police & Fire Commission (PFC), where Fehlman raised concerns that Mankowski instilled fear in officers; Mankowski lacked professionalism and, while on duty, told a bar owner that he should consider having the owner’s wife dance topless; Mankowski ordered officers to turn off their body cameras in violation of department policy; Mankowski verbally abused suspects; Mankowski changed radio talk procedures in ways that threatened officer safety; Mankowski prioritized speed limit enforcement over responding to an allegation of child abuse at a school.Mankowski subsequently harassed Fehlman, taking away his work credit card and threatening charges of insubordination. Fehlman resigned from the NPD. Mankowski allegedly interfered with Fehlman’s job search by making false, negative comments (Fehlman was hired nonetheless). Fehlman also discovered that his NPD personnel file had been altered and that Mankowski gave information to the unemployment compensation office that led to a delay in benefits.Fehlman sued Mankowski under 42 U.S.C. 1983, alleging violation of his First Amendment rights. The Seventh Circuit affirmed the dismissal of his complaint. Fehlman’s statements to the PFC were made in his capacity as a public employee, not a private citizen. View "Fehlman v. Mankowski" on Justia Law

After pleading guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1), Hendrix was sentenced to 78 months in prison, significantly more than the U.S.S.G. range of 46-57 months.The Seventh Circuit affirmed. The district court’s sentence was well within its discretion. The court discussed and applied multiple 18 U.S.C. 3553(a) factors in detail: it carefully considered Hendrix’s personal “history and characteristics” but found that this factor was mitigating in some respects and aggravating in others because Hendrix had a lengthy criminal history at age 23. The court also discussed the “nature and circumstances of the offense,” finding Hendrix’s conduct to be serious because Hendrix had possessed a firearm in connection with drug trafficking and had a prior firearms conviction. The court recommended that Hendrix be placed in a drug-abuse treatment program and provided a thorough explanation for its sentence. The court found no procedural error in the district court’s discussion of the prevalence of gun violence in Chicago at sentencing. View "United States v. Hendrix" on Justia Law

Illinois’s Sexually Dangerous Persons Act authorizes the commitment and indefinite detention of individuals who are charged with a crime and found to suffer from a mental disorder "coupled with criminal propensities to the commission of sex offenses.” The Act requires care and treatment for the committed person, "designed to effect recovery.” Once detainees are deemed “no longer dangerous,” the state must discharge them. The Supreme Court held, in 1986, that the Act, on its face, complies with the Due Process Clause, noting the lack of punitive intent, the availability of treatment, and the realistic possibility of release.Every Big Muddy River Program detainee participates in a weekly core therapy group. Only detainees who have acknowledged their prior sexual misconduct participate in offense-specific and didactic groups. Big Muddy does not provide individual therapy. Therapists evaluate detainees semiannually and provide them with copies of their evaluations and treatment plans. Detainees may discuss their evaluations with the therapists only in group therapy, not one-on-one. The state contracts with Wexford to evaluate detainees for release. The plaintiffs alleged that Big Muddy’s treatment program was run in a constitutionally deficient manner.The district court concluded that the disparity between Big Muddy’s treatment program and professional standards amounted to a constitutional violation and issued an injunction, requiring that Big Muddy provide the plaintiffs a minimum of 7.5 hours of core group therapy per week; reinstate inactive groups; and use independent evaluators for discharge evaluations.The Seventh Circuit reversed, acknowledging concern about whether Illinois is complying with its Fourteenth Amendment obligations. Detainees receive minimal treatment, raising serious questions about whether rehabilitation and release are realistically available. The district court, however, issued too broad an injunction under the Prison Litigation Reform Act, 18 U.S.C. 3626(a)(1)(A), which requires the least intrusive means available to correct the constitutional violation. View "Howe v. Hughes" on Justia Law

Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition. He was charged with two drug distribution counts, 21 U.S.C. 841, and two firearm counts, 18 U.S.C. 924(c) and 922(g)(1). Following conflicts with Evans’s first two lawyers, Sarm was appointed to represent Evans. After Evans withdrew a plea, prosecutors added another 924(c) count.At trial, Sarm only subjected four of 11 witnesses to meaningful cross-examination and rested without presenting any evidence or calling any defense witnesses. Convicted, Evans was sentenced to 788 months; 50 years came from the 924(c) convictions, each of which carried mandatory minimum, consecutive sentences of 25 years because Evans had a prior qualifying 924(c) conviction. Nineteen days after the trial, Sarm overdosed on heroin. The district court appointed new counsel but, without a hearing, denied a motion for a new trial.The Seventh Circuit vacated. Evans made a single choice to possess a firearm over a continuous 30-minute span that included a sale of heroin and the police finding methamphetamine and a gun in his car. The facts support one 924(c) conviction, not two. Evans faced serious charges with serious sentencing consequences; his appointed counsel had never tried a federal criminal case and was using heroin before, during, and after trial. Evans was entitled to an evidentiary hearing on his motion for a new trial. View "United States v. Evans" on Justia Law

Elanco Animal Health sent Ambassador Animal Hospital two unsolicited faxes inviting Ambassador’s veterinarians and its owner to RSVP for two free dinner programs: one titled “Canine and Feline Disease Prevention Hot Topics” and the other “Rethinking Management of Osteoarthritis.” The faxes indicated that both programs had been approved for continuing education credits and provided the names of the programs’ presenters. The corners of each invitation included the trademarked “Elanco” logo, and the bottom of each fax contained a notice encouraging recipients to consult their state or federal regulations or ethics laws about restrictions on accepting industry-provided educational and food items.Ambassador filed suit, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. 227 (TCPA), and arguing that the faxes were unsolicited advertisements because the free dinner programs were used to market or sell Elanco’s animal health goods and services. The Seventh Circuit affirmed the dismissal of the complaint. The text of the TCPA creates an objective standard narrowly focused on the content of the faxed document. The faxes do not indicate—directly or indirectly—to a reasonable recipient that Elanco was promoting or selling some good, service, or property as required by the TCPA. The court rejected a “pretext” argument. View "Ambassador Animal Hospital, Ltd. v. Elanco Animal Health Inc." on Justia Law

In 2020, Reardon unsuccessfully ran for Coles County State’s Attorney against the incumbent, Danley. Reardon brought a 42 U.S.C. 1983 lawsuit against public officials (including Danley), the City of Mattoon, and Coles County, alleging violations of his First, Fourth, and Fourteenth Amendment rights. The Seventh Circuit affirmed the dismissal of the suit.In 2019, Danley and the Mattoon Police Department (MPD) subpoenaed Reardon’s Facebook account information during an investigation into his potential involvement in a perjury/bribery case. A judge denied Reardon’s motion to quash but declined to release the documents until after a probable cause hearing. The Seventh Circuit noted that section 1983 curtails the availability of injunctive relief against judicial officers.Coles County Board Member Metzger removed a Reardon campaign sign from a resident’s lawn weeks before the election, allegedly mistakenly believing the sign was installed without permission. The Board determined that no further action was needed. Reardon did not sufficiently allege that Metzger was “acting under color of state law,” and Coles County is not liable based on the Board’s alleged ratification of Metzger’s conduct.Two weeks before the election, Mattoon Chief of Police Taylor posted a photo of himself (in uniform) with Danley, inside his office, on the official MPD Facebook page with a caption encouraging people to vote for Danley. Reardon failed to provide any authority to support that Taylor or Danley violated the Constitution. View "Reardon v. Danley" on Justia Law

Brown was convicted of bank robbery. The court determined that he was a career offender under U.S.S.G. 4B1.1, 4B1.2, with an advisory range of 210-240 months’ imprisonment.The Seventh Circuit affirmed Brown's 180-month sentence. Defendants are deemed career offenders if they have at least two prior felony convictions of a crime of violence. The 4B1.2(a)(1) “elements clause” defines a crime of violence as any offense punishable by imprisonment for a term exceeding one year, that has as an element the use, attempted use, or threatened use of physical force against the person of another. Brown had a 2010 Illinois conviction for aggravated vehicular hijacking; He “t[ook] a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force,” carrying a dangerous weapon in the commission of the offense.The Seventh Circuit previously held that Illinois vehicular hijacking constituted a 4B1.2(a)(1) crime of violence. That precedent was not overruled by the Supreme Court’s 2021 “Borden” decision, construing the term “violent felony” under the Armed Career Criminal Act's elements clause, which is identical to 4B1.2(a)(1). The Court held that, under the categorical approach, an offense does not involve the use of physical force against the person of another if the offense can be committed with a mens rea of recklessness. The Illinois statute implied an element of knowing or purposeful use or threat of force. View "United States v. Brown" on Justia Law

Consolidated suits claimed that many firms in the broiler-chicken business formed a cartel. Third-party discovery in that ongoing suit turned up evidence that Rabobank, a lender to several broiler-chicken producers, urged at least two of them to cut production. Some plaintiffs added Rabobank as an additional defendant.The Seventh Circuit affirmed the dismissal of those claims. The Sherman Act, 15 U.S.C. 1, bans combinations and conspiracies in restraint of trade and does not reach unilateral action. Here, all the plaintiffs allege is that Rabobank tried to protect its interests through unilateral action. The complaint does not allege that Rabobank served as a conduit for the producers’ agreement, helped them coordinate their production and catch cheaters, or even knew that the producers were coordinating among themselves. A flurry of emails among managers and other employees at Rabobank observing that lower output and higher prices in the broiler-chicken market would improve the bank’s chance of collecting its loans and a pair of emails from the head of Rabobank’s poultry-lending section, to executives at two producers indicated nothing but unilateral action. The intra-Rabobank emails could not have promoted or facilitated cooperation among producers and the two messages only reminded the producers that as long as demand curves slope downward, lower output implies higher prices. Advice differs from agreement. View "Amory Investments LLC v. Utrecht-America Holdings, Inc." on Justia Law