Significant Federal Appellate Cases
Dollard v. Whisenand, 946 F.3d 342 (7th Cir. 2019), reh’g denied (probable cause supported arrest and prosecution of physicians and non-medical personnel employed by drug treatment program for dealing in controlled substances).
GEFT Outdoors, LLC v. City of Westfield, 922 F.3d 357 (7th Cir.), cert. denied sub nom. GEFT Outdoor L.L.C. v. City of Westfield, 140 S. Ct. 268 (2019). City did not violate billboard owner’s due process rights by enforcing stop work notice and threatening owner’s representative with arrest.
- Lovett v. Herbert, 907 F.3d 986, 993 (7th Cir. 2018). Court had jurisdiction to hear interlocutory appeal of denial of qualified immunity, and jail officers entitled to qualified immunity on claim of estate of intoxicated pretrial detainee who suffered spinal cord injury from jumping off of top bunk.
Hoffman et al. v. Knoebel et al., 894 F.3d 836 (7th Cir. 2018) Drug court treatment director not liable for due process violations resulting from court orders to hold drug court participants pending placement, and alleged arrests by drug court director and bailiff of participants who were subjects of arrest warrants did not violate Fourth Amendment though director and bailiff lacked arrest powers under state law.
- Wilson-Trattner v. Campbell, 863 F.3d 589 (7th Cir. 2017). Police department’s response to complaint of domestic abuse did not violate due process under state-created danger theory, and defendants’ conduct was not sufficiently extreme or outrageous to support a claim of intentional infliction of emotional distress.
- Simpson v. Brown County, 860 F.3d 1001 (7th Cir. 2017) Contractor whose septic system installer license was revoked plausibly stated due process claim resulting from lack of pre-deprivation hearing, and contractor sufficiently alleged that common law judicial review of revocation was an inadequate post-deprivation remedy.
- Estate of Williams v. Indiana State Police Dept., 797 F.3d 468 (7th Cir. 2015) Officers entitled to qualified immunity for decision to open door to bathroom in which suicidal individual had locked himself, use stun guns to subdue to the individual, and deadly force when the individual stabbed a law enforcement officer.
- Julian v. Hanna, 732 F.3d 842 (7th Cir. 2013) Because of immunity under the Indiana Tort Claims Act, Indiana law provided inadequate remedy for malicious prosecution, plaintiff could bring a due process claim pursuant to 42 U.S.C. § 1983; claim accrued when state dismissed criminal charges without possibility of retrial.
- Logan v. Wilkins, 644 F.3d 577 (7th Cir. 2011) Dismissal of conspiracy theory against local zoning officials upheld.
- Suarez v. Town of Ogden Dunes, 581 F.3d 591 (7th Cir. 2009). Search of home and arrests resulting from teenage beer party upheld.
- Steen v. Myers, 486 F.3d 1017 (7th Cir. 2007). Secured affirmance of entry of summary judgment in favor of police officer and city in connection with high speed chase which resulted in fatality and serious bodily injury where plaintiff asserted Fourteenth Amendment claim under 42 U.S.C. § 1983.
- Halfhill v. Northeast School Corp., 472 F.3d 496 (7th Cir. 2006). Upholding non-renewal of grade school teacher’s contract against several due process challenges.
- Kupstas v. City of Greenwood, 398 F.3d 609 (7th Cir. 2005). Articulates “regarded as” and “substantially limiting” standards under Americans with Disabilities Act, in successful defense of claim by truck driver.
- Blubaugh v. American Contract Bridge League, 117 Fed. Appx. 475 (7th Cir. 2004). Secured affirmance of summary judgment in favor of non-profit bridge league which had suspended member of league.
- Hernandez v. City of Goshen, 324 N.E.2d 535 (7th Cir. 2003). Denied claim against police department alleging failure to protect citizen in face of knowledge of potential danger.
- Beauchamp v. Hamilton Co. Sheriff, et al, 320 F.3d 733 (7th Cir. 2003). Upheld summary judgment for detectives in claim of lack of probable cause in arrest for rape.
- Perkins v. Lawson, 312 F.3d 872 (7th Cir. 2002). Articulates deliberate indifference to medical care standard regarding deteriorating condition of battered inmate, upholding summary judgment for sheriff.
- Smith v. Ball State, et al., 295 F.3d 763 (7th Cir. 2002). Detention, arrest, and use of force claims by student; summary judgment affirmed.
- Leisen v. City of Shelbyville, 153 F.3d 805 (7th Cir. 1998). Upheld determination that terminated female firefighter’s depression was not a disability under Americans with Disabilities Act.
- Potts v. City of Lafayette, 121 F.3d 1106 (7th Cir. 1997). Upheld operations order imposing protective measures at Klan rally.