39 results for 'judge:"Hamilton"'.
J. Hamilton finds that the lower court properly found for the Corps in an environmental challenge to its decision to continue the overall program of building river training structures to maintain the navigable channel in the middle Mississippi River where the Ohio River meets it and more than doubles the river's flow. The Corps considered alternatives, removed structures that are no longer effective and studied the uses of dredged material that would minimize environmental harm. Other alternatives suggested by environmental groups were rejected, in part, because they would require Congressional authorization. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 1, 2023, Case #: 22-1466, Categories: Environment, Agency
J. Hamilton reverses a district court ruling in favor of a communications call center and against the E.E.O.C.’s disability discrimination suit on behalf of a vision-impaired employee who sought a work-scheduling accommodation to allow him to drive more safely to work. The lower court held that the employer had no obligation to accommodate the employee’s commute because his disability did not affect his ability to perform any essential function of his job once he arrived at the workplace. The appeal court disagreed. When an employee’s disability interferes with essential job attendance or whether particular accommodations are reasonable should be an analysis undertaken on a case-by-case basis. If a qualified individual’s disability substantially interferes with his ability to get to work, an employer may sometimes be required to provide commuter-related accommodation, if reasonable under the circumstances. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 28, 2023, Case #: 22-1231 , Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Hamilton vacates a district court’s judgment against a litigant-consumer and in favor of PayPal, finding the lower court erred by deciding a disputed issue of fact that must be decided by a trier of fact. The case is returned to the district court for a determination on whether the litigant received notice of an amended user agreement from PayPal and implicitly agreed to the online payment company’s new arbitration clause. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 27, 2023, Case #: 22-2575, Categories: Arbitration, Consumer Law, Contract
J. Hamilton partially grants the prison officials' motion for summary judgment in the prisoner's suit alleging that they retaliated against him for filing inmate appeals. The officials have demonstrated that there are no issues of material fact regarding incidents in 2019, but not regarding one prison guard's alleged involvement in a subsequent 2020 incident. Taking the prisoner's claims as true, the guard also would not be entitled to qualified immunity for that incident. The prisoner's motion to compel is denied, however, and he is referred to a pro se mediation program.
Court: USDC Northern District of California, Judge: Hamilton, Filed On: July 26, 2023, Case #: 4:20cv3128, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Hamilton finds that a 17-year-old high school student may sue the police officer who allegedly sexually assaulted her on a course-required "ride along" with law enforcement. The officer allegedly groped the teen, and drove to a secluded area where he met another police officer, and repeatedly asked him if he wanted to have sex with the girl. However, the police chief cannot be held personally liable for the officer's conduct. Reversed in part.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-1550, Categories: Tort, Police Misconduct
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J. Hamilton finds that the lower court improperly ruled for the railroad, finding it had no notice of any defect in the railroad switch before it malfunctioned and seriously injured a conductor's neck. The conductor presented sufficient evidence to create a genuine dispute as to whether the railroad should have known that the switch was defective before he was injured. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-2437, Categories: Employment, Tort
J. Hamilton finds that the lower court properly convicted defendant on charges of sex-trafficking a minor after denying his motion to suppress incriminating statements he made to police. Further, he was not entitled to a jury instruction limiting the use of voicemails in which he threatened the victim and her family. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 16, 2023, Case #: 21-2811, Categories: Evidence, Sex Offender, Jury Instructions
J. Hamilton finds that the lower court properly convicted defendant, the former mayor of Portage, Indiana, of bribery for soliciting $13,000 in connection with the city's purchases of garbage trucks and sentenced him to 21 months in prison. Defendant's Sixth Amendment rights were not violated when the prosecution obtained emails exchanged between defendant and his attorney because the emails were seized before he was indicted, and only then did his Sixth Amendment right to counsel attached. Further, federal bribery laws apply equally to "gratuities" as well as bribes, where as in this case, the mayor received the money after the town purchased the trucks. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 15, 2023, Case #: 21-2986, Categories: Constitution, Sentencing, Bribery
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