Seventh Circuit Tag

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Posted 28 Aug 2017 in Case Notes, Commentary, Monday Morning Review
In an unusual move, the Supreme Court accepted a case during its summer recess.  Like most of its docket, this case will affect states and local governments. The Prison Litigation Reform Act (PLRA) states that when an inmate recovers money damages in a confinement conditions case “a portion of the judgment (not to exceed 25 percent)” shall be applied to his or her attorney’s fees award. The question the Supreme Court will decide in Murphy v. Smith is whether “not to exceed 25 percent” means up to 25 percent or exactly 25 percent. A jury awarded inmate Charles Murphy about $300,000 in damages relating to an officer crushing his eye socket and leaving him unconscious in a cell without checking his condition. The trial judge awarded Murphy’s attorney about $100,000 in fees and allocated 10 percent of Murphy’s damages award to attorney’s fees (about $30,000).

Posted 05 Apr 2017 in Case Notes, Commentary
The Seventh Circuit has become the first federal circuit court of appeals to rule that employees may bring sexual orientation discrimination claims under Title VII. This case directly affects state and local governments in their capacity as employers in Indiana, Illinois, and Wisconsin. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of a person’s “race, color, religion, sex, or national origin.” Kimberly Hively is openly lesbian. She sued Ivy Tech Community College where she taught as a part-time, adjunct professor. She applied for at least six full-time positions between 2009 and 2014, didn’t receive any of them, and in July 2014, her part-time contract was not renewed. She believes her sexual orientation is the reason. The Seventh Circuit had long held that sexual orientation discrimination claims weren’t cognizable under Title VII. The court decided to revisit this conclusion “in light of developments at the Supreme Court extending over two decades.” These decisions include Obergefell v. Hodges (2015), which granted same-sex couples a constitutional right to marry. 

Posted 27 Mar 2017 in Case Notes, Commentary, Monday Morning Review
The Supreme Court’s decision in Endrew F. v. Douglas County School District was bad timing for Supreme Court nominee Judge Neil Gorsuch. The Supreme Court held unanimously that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.” This ruling came down while Judge Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion

Posted 14 Dec 2014 in Monday Morning Review
Catching up on recent published decisions involving local governments:court collumn First Circuit
  • S. Kingstown Sch. Cmte v. Joanna S., No. 14-1177 (Dec. 9, 2014): The court ruled in Individuals with Disabilities in Education Act ("IDEA") case that settlement agreement relieved school committee of obligation to perform or fund evaluations, and remanded to determine whether Joanna S. is entitled to attorney's fees.
Second Circuit Fourth Circuit Fifth Circuit

Posted 10 Nov 2014 in Monday Morning Review
Here are the last two weeks' published decisions involving local governments:court collumn Second Circuit Sixth Circuit

Posted 20 Oct 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn Sixth Circuit
  • Cass v. City of Dayton, No. 13-4409 (Oct. 16, 2014): In 1983 action alleging that officer used excessive force in violation of the Fourth Amendment, the court affirmed summary judgment for defendants because officer's conduct was objectively reasonable and did not violate Fourth Amendment.
Seventh Circuit
  • Swisher v. Porter County Sheriff's Dept., No. 13-3602 (Oct. 15, 2014): The court reversed the judgment for defendants because Plaintiff, who brought 1983 action alleging he was denied proper medical care while he was a pretrial detainee, had no duty to exhaust administrative remedies at the jail because jail's grievance procedure was not clear.
Ninth Circuit

Posted 13 Oct 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn First Circuit
  • Showtime Entn't v. Town of Mendon, No. 12-2121 (Oct. 8, 2014): The Town's adult-business-entertainment bylaws unconstitutionally infringe on Showtime's right to engage in a protected expressive activity; the regulations' underinclusiveness indicates that Town does not have substantial interest in regulating adult businesses to curb secondary effects.
Seventh Circuit Ninth Circuit

Posted 09 Oct 2014 in Commentary
For the six reasons Lyle Denniston describes on SCOTUSblog, the Supreme Court’s announcement on Monday that it would not hear any of the seven petitions striking down same-sex marriage bans was stunning.5554035521_f6b59ccafa_n  Even though there was no circuit split, conventional wisdom indicated the Court would decide the issue because of its importance and because both sides asked the Court for review. Amy Howe also of SCOTUSblog and Scott Michelman writing on SCOTUSblog speculate as to the why the Court’s liberals and conservatives may have decided not to get involved in the issue now.  In short, the liberals had nothing to lose by waiting, and both side face uncertainty about Justice Kennedy’s position on the issue. To understand where were are today with same-sex marriage a timetable is helpful.
  • On Sunday, 19 states recognized same-sex marriage.
  • On Monday, 11 more states were added from the Fourth (Virginia, West Virginia, North Carolina, and South Carolina) Seventh (Wisconsin and Indiana) and Tenth Circuits (Utah, Oklahoma, Colorado, Kansas, and Wyoming).
  • On Tuesday 5 more states were added when the Ninth Circuit (Idaho, Nevada, Alaska, Arizona, and Montana) struck down the Idaho and Nevada same-sex marriage bans.  (Implementation of this decision is still being worked out).
Technically,

Posted 06 Oct 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn Second Circuit
  • Raspardo v. Carlone, No. 12-1686 (Oct. 6, 2014): In 1983 Title VII employment discrimination case brought by female police officers alleging hostile work environment and disparate treatment, the court affirmed denial of qualified immunity for one officer on hostile-work-environment claim, and reversed denial of qualified immunity for other officers.
  • Sunrise Detox V, LLC v. City of White Plains, No. 13-2911 (Oct. 2, 2014): In case in which  City denied request for facility to provide care for those recovering from alcohol and drug abuse because facility did not satisfy zoning requirements, the court affirmed district court's determination that it lacked subject-matter jurisdiction over ADA suit. Suit was not ripe because applicant had not sought variance or appealed the zoning decision.
  • Grogan v. Blooming Grove Volunteer Ambulance Corps, No. 13-656 (Sept. 29, 2014): The court affirmed dismissal of 1983 action after it determined that private emergency medical care and general ambulance services contracted for by municipality do not constitute "state action."
Seventh Circuit

Posted 29 Sep 2014 in Monday Morning Review

Here is last week's one published decision involving a local government: Seventh Circuit Norton v. City of Springfield, No. 13-3581 (Sept. 25, 2014): The court ruled that the City's panhandling ordinance is a valid time, place, and manner requirement and therefore withstands a First-Amendment challenge. See coverage from Julie Tappendorf of Municipal Minute here. Image courtesy of Flickr from Ken Lund (creative-commons license, no changes made). (Sept. 22, 2014-Sept. 26, 2014)...