69 results for 'judge:"Kirsch"'.
J. Kirsch finds that the lower court properly found for the police officer on an estate's claims stemming from the officer's fatal car accident that killed a pedestrian while he was driving to work. Mere knowledge that driving at high speed at night could have fatal consequences is not enough to allege a constitutional violation. Especially given the allegation that the officer did not see the pedestrian on the on-ramp of a highway, there is no showing that the police disregarded an obvious risk. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 19, 2023, Case #: 22-2867, Categories: Constitution, Due Process, Police Misconduct
J. Kirsch finds that the lower court properly found for the union in a dispute with a member whom it denied disability benefits. The fund decided that the iron worker's injuries were not on-the-job injuries, and its determination was "not downright unreasonable." Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 17, 2023, Case #: 22-1149, Categories: Labor / Unions
J. Kirsch finds that the lower court properly found for the debt collector in a Fair Debt Collection Practice Act suit alleging it improperly called a woman 12 times in connection with her husband's debt. The bona fide error defense shields the debt collector from liability. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 14, 2023, Case #: 22-1272, Categories: Debt Collection
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[Consolidated.] J. Kirsch finds that the lower court properly convicted defendants of conspiring to distribute meth. The prosecution did not improperly strike a Black juror for having a relative who had been convicted of drug dealing, even if other jurors also had relatives with criminal backgrounds involving drugs. Further, the jury reasonably found that defendant's possession of 214 grams of meth was not consistent with personal use, and his pattern of behavior was consistent with that of other drug deals. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 10, 2023, Case #: 21-1521, Categories: Drug Offender, Jury
J. Kirsch finds that the lower court found for the defendant deputies in an employment retaliation suit alleging the plaintiff deputy was retaliated against after announcing his candidacy for Sheriff. After his announcement, officials discovered he had failed to disclose on his application to become a deputy that he had been charged with criminal sexual assault 8 years prior. The First Amendment does not protect a candidate from public office from criticism, even in the form of condemnation. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: June 26, 2023, Case #: 21-3394, Categories: Employment Retaliation, First Amendment
J. Kirsch finds that the lower court properly found for the Justice Department, upholding its refusal to allow the hospital to depose a DEA agent and federal prosecutor in the hospital's state court case against an employee who allegedly failed to disclose he was under federal investigation in violation of his employment agreement. The Department reasonably determined that complying with the hospital's request was not a good use of agency resources. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: June 22, 2023, Case #: 22-3009, Categories: Employment, Agency
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