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Significant Recent Decisions

Significant Recent Decisions

  • Dollard v. Whisenand, __F.3d ____, No. 19-1602, 2019 WL 7045381, at *1 (7th Cir. Dec. 23, 2019) (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
  • 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.
  • Brown v. City of Indianapolis & Town of Speedway, 113 N.E.3d 244, 252 (Ind. Ct. App. 2018).  Town had no duty to repair pothole of which it had no notice, and pedestrian who walked in street and tripped on pothole when sidewalk was available was contributorily negligent barring his claim.
  • Lee by & through Estes v. Bartholomew Consol. Sch. Corp., 75 N.E.3d 518 (Ind. Ct. App. 2017).  City has  discretionary function immunity for failure to include additional warnings at crosswalk.
  • 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.
  • Town of Knightstown v. Wainscott, 70 N.E.3d 450 (Ind. Ct. App. 2017).  Owner of historic building substantially complied with notice provisions of Indiana Tort Claims Act, but there was no evidence of a contract between owner and town.
  • City of Lawrence Utility Services Board v. Curry, 68 N.E.3d 581 (Ind. 2017). Municipal utility superintendent statute which contained a for-cause termination provision applicable to utility board did not allow mayor to unilaterally terminate superintendent.