382 results for 'court:"7th Circuit"'.
J. St. Eve finds that the lower court properly for the city on a firefighter's claims that the city condoned aggressive behavior and a "code of silence" that resulted in her attack by another firefighter. The firefighter failed to present more than evidence of individual misconduct in order to give rise to a valid Monell claim, as there is no record that any other firefighter had ever been violent against another firefighter while on duty before. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 15, 2023, Case #: 22-2022, Categories: Employment, Employment Discrimination
J. Wood finds that the lower court properly found for the mortgage servicer in a False Claims Act suit brought by a former employee. The employee showed that the alleged false representations to the U.S. Department of Housing and Urban Development were material to the agency's decision to pay out various claims under the federal mortgage insurance program. However, she cannot show that the false representations caused the subsequent default, and therefore that the agency suffered a monetary loss. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: June 14, 2023, Case #: 22-1553, Categories: Fraud, Housing, False Claims
[Consolidated.] J. Brennan finds that the lower court properly dismissed a suit against Armslist brought by two families who had a loved one killed with a firearm purchased through the website. Wisconsin law does not consider websites that host firearms transactions to be firearms dealers, so the website is not required to collect identification, or conduct background checks. The families fail to plausibly allege that the deaths would not have occurred but for Armslist's failure to permit users to flag illegal conduct. Further, expanding liability to private sellers would contradict the legislature's judgment in making a distinction between firearms dealers and exempt entities. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 12, 2023, Case #: 21-3198, Categories: Negligence, Firearms, Technology
J. Scudder finds that the lower court properly dismissed a man's breach of contract suit against the foreign bank for lack of jurisdiction. The bank is immune from suit over its retroactive change to the terms of its non-resident accounts under the Foreign Sovereign Immunities Act. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 12, 2023, Case #: 22-2734, Categories: Immunity, Jurisdiction, Banking / Lending
[Consolidated.] J. Easterbrook finds that the lower court properly convicted defendants of conspiring to distribute heroin and meth in Indianapolis. The trial judge did not err in declining to dismiss a former police officer as a juror after he said he would be more likely to believe a police officer's testimony than a civilian's testimony. The judge sufficiently interrogated the juror as to whether he could be impartial and grant defendant's the right to be considered innocent before being proven guilty. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: June 9, 2023, Case #: 21-2874, Categories: Drug Offender, Jury
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J. Scudder finds that the lower court properly convicted defendant of attempted enticement of a minor after he responded to an FBI sting operation's Craigslist ad. Defendant made his sexual desires clear in messages back and forth, and intended to influence the minor to submit to sexual activity by buying her gummy bears. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 7, 2023, Case #: 22-1877, Categories: Sex Offender, Child Victims
J. Rovner finds that the lower court improperly dismissed a Fair Debt Collection Practices Act suit alleging that a debt servicer improperly sent her misleading notices of a debt she owed to a different entity. The servicer's letter led the debtor to unnecessarily expend additional time and money to re-validate her debt, to ensure that it was accurate and valid. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 7, 2023, Case #: 21-2792, Categories: Debt Collection, Consumer Law
J. Ripple finds that the lower court properly denied defendant's habeas petition claiming that a prosecutor improperly told the jury an acquittal would require them to find the witnesses were lying. Defendant argued this forced him to prove his innocence, making his trial unfair. On de novo review, "the prosecutor's comments might give us significant pause," but the federal court's review is deferential to the state court's decision, which was not an unreasonable application of federal law. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: June 7, 2023, Case #: 21-2819, Categories: Fair Trial, Sex Offender, Witnesses
J. Ripple finds that the lower court properly found for the police supervisors in a suit accusing them of limiting a former officer's future employment prospects by designating him "not in good standing" upon his retirement. This designation limits his ability to carry a concealed weapon. Regardless of whether the designation is justified, the officer cannot show that the designation foreclosed his future job prospects. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: June 6, 2023, Case #: 22-1732, Categories: Civil Rights, Employment
J. Brennan affirms a district court’s rejection of a defendant’s challenge to the government’s plan to use his $75,000 settlement of a health claim against the federal prison where he was incarcerated for bank fraud. Federal law authorizes the government to offset the settlement funds against a nearly $1.5 million restitution debt, money which the government then forwards to victims of crimes by the defendant and an accomplice. The defendant’s restitution has been past due since his sentencing. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 2, 2023, Case #: 22-2003, Categories: Fraud, Restitution, Accomplice Liability
J. St. Eve affirms a district court ruling that police conducted a proper search when they arrested a defendant for illegal possession of a firearm found in a nearby black jacket he had allegedly abandoned. The defendant unsuccessfully argued that the lower court erred by finding that he could reach the gun in the black jacket, one of two jackets draped on chairs on either side of him in a barroom when police arrived to arrest him on outstanding warrants. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 2, 2023, Case #: 22-2696, Categories: Firearms, Search
J. Scudder affirms a district court ruling denying a Wisconsin-based healthcare system’s request for reimbursement by its insurer of $85 million in costs arising from the Covid-19 pandemic. The insurance policy is complex and contains language in one place broadly excluding Covid-related losses while, in another place, supplying limited coverage for portions of those same losses. In the end, the hospital system fails to make a case for coverage beyond the $1 million it received under a limited coverage provision for communicable diseases. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 2, 2023, Case #: 22-2577, Categories: Health Care, Insurance, Covid-19
J. Brennan upholds a district court ruling denying a request for a hearing of new eyewitness testimony by a defendant serving 28 years for the shootings of three men, one fatally, in 2009. After first holding that Wisconsin state courts properly ruled that the defendant’s ineffective assistance of counsel claims was procedurally defaulted, the appellate decision then affirms the lower court ruling. The introduction of new eyewitness testimony does not amount to a showing of actual innocence when strong and credible testimony to the contrary remains. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 1, 2023, Case #: 21-1402, Categories: Evidence, Habeas, Murder
J. Brennan finds that the immigration board properly denied the El Salvador citizen's application for asylum. The immigrant failed to present compelling evidence to show that gangs in El Salvador specifically target small business owners or women for extortion as opposed to indiscriminately targeting anyone with perceived wealth. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: May 31, 2023, Case #: 22-2148, Categories: Immigration
J. Rovner finds that the lower court properly dismissed a woman's race discrimination claims against the hospital. Chicago Public Schools was the woman's employer, and although she performed work in the hospital setting, the complaint does not adequately allege that the hospital exercised any control or supervision over her teaching activities. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: May 30, 2023, Case #: 22-1290, Categories: Employment Discrimination
J. Kirsch finds that the lower court properly convicted defendant of sexually exploiting four girls, including her two daughters, and producing explicit videos. Defendant received a below-guidelines sentence, and there is no support for her claim the sentencing judge intended to punish her for being a "bad mother." Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 30, 2023, Case #: 22-1835, Categories: Sex Offender, Child Victims, Child Pornography
J. Ripple finds that the lower court properly affirmed the SSA's denial of the woman's disability claim. The record supports the finding that the woman was not disabled at any time while she was seeking treatment for lower back pain. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: May 30, 2023, Case #: 22-2381, Categories: Social Security
J. Sykes finds that the lower court properly denied defendant's motion to suppress evidence of a firearm found in his car. Defendant argues that police committed an unlawful search by using his key fob to identify his car. However, this appeal does not require deciding whether activating a car's key fob is a search, because police recovered the gun in the car through independent, lawful means - namely, a warrant. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: May 23, 2023, Case #: 22-1896, Categories: Firearms, Search
J. Hamilton finds that the lower court grants defendant's motion to dismiss his counsel, and affirms his revocation sentence of 82 months, after he immediately violated several conditions of his supervised release and committed eight robberies. This sentence does not exceed the maximum possible sentence of 144 months, so it is not excessive. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: May 22, 2023, Case #: 21-3412, Categories: Robbery, Sentencing
J. Rovner finds that the lower court properly convicted defendant of drug trafficking and firearms offenses based on evidence found during a home detention compliance check. Defendant had a minimal expectation of privacy while serving a sentence of home confinement, and as part of the agreement, he signed an absolute waiver of his Fourth Amendment rights. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: May 19, 2023, Case #: 21-3379, Categories: Drug Offender, Search
J. Wood finds that the lower court properly assigned the costs of class notification on the company, which had already been found liable of violating the Telephone Consumer Protection Act by calling class members using prerecorded voice messages. The court found the company liable for its actions, then reconsidered its original denial of class certification due to a change in the law. Given these unusual circumstances, the court did not err by allocating costs of notification to the company. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: May 19, 2023, Case #: 21-2653, Categories: Communications, Class Action
J. Brennan finds that the lower court improperly granted the juvenile center superintendent immunity on claims stemming from changes he made at the center to accommodate the filming of scenes for the television series Empire at the Cook County Juvenile Temporary Detention Center in 2015. The superintendent is not entitled to immunity on allegations that he violated the detainee's Fourteenth Amendment conditions-of-confinement claims. Reversed.
Court: 7th Circuit, Judge: Brennan, Filed On: May 15, 2023, Case #: 21-3303, Categories: Civil Rights, Constitution, Immunity