Justia Civil Rights Opinion Summaries

Seventh Circuit upholds award of attorneys’ fees to some plaintiffs and of costs to some defendants in civil rights case. Ghidotti, an employee of Reliable Recovery, attempted to repossess a car from Baker’s step‐daughter. Ghidotti called 911, falsely stating that Baker had threatened him. Police arrived, arrested Baker, and charged him with possession of shotgun with an expired registration. Baker attended nine court hearings before the charges were dropped. Baker and family members sued Chicago, eight named police officers, unknown officers, two private citizens, and Reliable Recovery, alleging civil rights violations and state law tort claims. Baker won a modest recovery from several City defendants on one civil rights claim, and from the City defendants and a private defendant on one state law tort claim, but the defendants prevailed on the remaining claims. The district court granted attorneys’ fees to Baker, but denied him costs as prevailing party, awarding costs to the City for prevailing against two other plaintiffs. The Seventh Circuit affirmed in part, finding no abuse of discretion under 42 U.S.C. 1988 in either the court’s refusal to award costs to plaintiffs or its decision to award costs to the City for the claims raised by family members. The court remanded for recalculation of fees. View "Baker v. Lindgren" on Justia Law

Appeal, following dismissal of civil rights suit against judges that presided over plaintiff’s divorce, was frivolous. After her former husband was awarded custody of their son, Myrick brought suit under 42 U.S.C. 1983, seeking damages from the six Wisconsin state judges and court commissioners who presided over parts of the lengthy divorce and child‐custody proceedings. She claimed that, by ruling against her, the judges manifested bias in favor of her former husband, violating her right to due process, and overlooked misconduct by her former husband, her son’s guardians ad litem, and her own attorney. The district court summarily dismissed the suit because judges are absolutely immune from awards of damages for acts taken in a judicial capacity, whether or not the judges erred in conducting the litigation. The Seventh Circuit affirmed, calling the appeal frivolous. Judicial immunity is not overcome by allegations of bad faith or malice. View "Myrick v. Greenwood" on Justia Law

Inmate’s allegation that prison dentist intentionally sutured inmate’s gum without removing pieces of broken drill bit was sufficient to withstand screening. While Dr. Craig was extracting a wisdom tooth from Echols, an Illinois inmate, a drill bit broke. Craig sutured Echols’ gum with gauze and at least one half‐inch long piece of the broken bit still inside, where it caused pain for about two weeks before it was finally removed. Echols alleges that Craig sutured the site after intentionally packing it with non‐soluble gauze and without first locating the missing shards from the broken drill bit. The district court screened Echols’ 42 U.S.C. 1983 complaint under 28 U.S.C. 1915A, and dismissed it, stating that Echols’ allegations were factually frivolous. The Seventh Circuit vacated, holding that Echols’ allegations are quite plausible and state a claim for violation of the Eighth Amendment. Echols sufficiently alleged that Craig’s actions were so inappropriate that the lawsuit cannot be dismissed at screening. View "Echols v. Craig" on Justia Law

The Seventh Circuit upheld Milwaukee's residency requirement for law enforcement and emergency personnel. Milwaukee’s corporate charter previously required all city employees to live within city limits. In 2013, the Wisconsin legislature prohibited local governments from imposing a residency requirement as a condition of employment, exempting requirements that law enforcement, fire, or emergency personnel reside within 15 miles of jurisdictional boundaries. Milwaukee announced its intent to enforce its original residency requirement, citing the Wisconsin Constitution’s home‐rule provision. The Wisconsin Supreme Court rejected that argument. The city amended its charter to require all law enforcement, fire, and emergency personnel to reside within 15 miles of city limits, giving affected employees six months to comply, with extensions available for hardship. In a suit under 42 U.S.C. 1983, the Seventh Circuit affirmed judgment on the pleadings for the city. Municipal employees do not have a fundamental right to be free from residency requirements, for purposes of substantive due process. Rejecting a procedural due process argument, the court stated that no vested right was impaired. The amended charter does not apply retroactively. View "Milwaukee Police Association v. City of Milwaukee" on Justia Law

Tabb was not entitled to relief from his convictions for attempted first-degree murder, aggravated battery with a firearm, and attempted aggravated vehicular hijacking, although he produced evidence calling into question the objectivity of the lineup procedures in which he was identified and the ensuing validity of the witness identifications of him at trial, and that evidence about how the lineup was conducted was kept from the defense and then destroyed. The Seventh Circuit upheld findings that Tabb had not shown that the lineup was suggestive; that the destruction of handwritten notes was routine and was not in bad faith; and that there was nothing indicating that the notes contained exculpatory information. View "Tabb v. Christianson" on Justia Law

The Seventh Circuit affirmed denial (without an evidentiary hearing) of a petition under 28 U.S.C. 2255, which had claimed that Spiller’s counsel was constitutionally ineffective during the plea-bargaining process after Spiller was charged with two counts of distributing a controlled substance 21 U.S.C. 841(a)(1), and one count of selling a firearm to a felon, 18 U.S.C. 922(d)(1). The government had filed a notice, under 21 U.S.C. 851, that it would seek an enhanced mandatory minimum sentence based on Spiller’s three prior drug felonies. The government had offered an agreement that, it conceded, did “not offer a whole lot beyond a blind plea.” Spiller executed a blind plea. With a Guidelines range of 262-327 months, Spiller was sentenced to 240 months; the Seventh Circuit affirmed. In rejecting the ineffective assistance claim, the Seventh Circuit noted that his attorney reviewed Spiller’s plea options, specifically inquired of the government whether there were differences, examined the government’s response, and suggested that Spiller plead blindly, reserving the right to challenge the government’s Guidelines calculation, a right he would have sacrificed under the government’s proposal. The record was sufficient to explain counsel’s decision as strategic, thereby eliminating the need for an evidentiary hearing. View "Spiller v. United States" on Justia Law

The Seventh Circuit reversed summary judgment for the defendants in a suit by Johnson, an inmate of the Rushville Treatment and Detention Facility for persons believed prone to sexual violence, claiming that staff had caused Johnson to take the antipsychotic drug Risperdal, for more than a month, without Johnson’s knowledge or consent. The staff did not follow Illinois’s procedures for ordering forced medication; Johnson had not been found to be dangerous to himself or others. The doctor prescribed Risperdal after Johnson complained about feelings of aggression and hopelessness, even though Johnson refused to consent. The doctor stated that he wrote the prescription so that Johnson could take the medication if he wanted it. The nurse, not knowing what the pill was, included the Risperdal with Johnson’s medications for blood pressure, cholesterol, and stomach problems, so Johnson took the drug without noticing it. The Seventh Circuit noted that the Supreme Court has recognized a “significant liberty interest,” under the due process clause in “avoiding the unwanted administration of antipsychotic drugs,” which can have “serious, even fatal, side effects.” While Johnson was not forced to take the pill, the doctor “must have known that pills were delivered to the inmates, unlabeled, in little cups.” View "Johnson v. Tinwalla" on Justia Law

The Seventh Circuit directed the district court to dismiss, as moot, a lawsuit by a Chicago-area family-owned firm, challenging the “contraception mandate” under the Patient Protection and Affordable Care Act of 2010, 124 Stat. 119. Ozinga regards certain of the contraceptives covered by the mandate as potential abortifacients, the use of which is proscribed by its owners’ and managers’ religious tenets, and sued under the Religious Freedom Restoration Act, 42 U.S.C. 2000bb, in 2013. The government had established an accommodation for certain religious employers that provided for alternate means of ensuring employee access to the contraceptive services specified by the mandate without payment or direct involvement by an objecting employer; the accommodation was not then available to for-profit employers like Ozinga. In light of Seventh Circuit precedent, the district court granted Ozinga a preliminary injunction. The Supreme Court subsequently decided, in “Hobby Lobby” (2014), that the contraception mandate, as applied to closely-held private firms whose owners objected on religious grounds to contraceptives covered by the mandate, substantially burdened the exercise of religion by those owners and their companies, in view of the fines to which they were subject for noncompliance. The government then extended the accommodation to private employers, including Ozinga, rendering its suit moot. View "Ozinga v. Price" on Justia Law

Trask was gambling at the Horseshoe Casino when she picked up a $20 bill from the floor. The customer who had dropped the money thought he had been short-changed and reported the loss. Casino personnel reviewed security videos. For 70 minutes Trask was detained by agents of the Indiana Gaming Commission. At the request of the agents, she dumped the contents of her purse and agreed to be patted down; her cell phone was temporary taken from her. Agents seized $8 from the purse. Trask could not find her driver’s license. Agents escorted her to her car, where she found the license and $5, both of which the agents confiscated. She was told she was banned from the casino and would be arrested if she tried to return. Trask filed suit under 42 U.S.C. 1983 and Indiana law. Trask, acting pro se, contacted the casino's lawyer and accepted a settlement of $100. She later left a voicemail, rejecting the settlement, stating that “I had a change of heart and I called you within 24 hours.” The court ordered the settlement enforced and her claims dismissed. The Seventh Circuit affirmed. Trask’s notarized letter to the casino admitted that she agreed to accept $100 in satisfaction of her claims; her belief that she could back out is “unfounded in the law.” View "Trask v. Rodriguez" on Justia Law

Hirschbach, a trucking company, offered Turner, an African-American, a job as a driver contingent on his completion of orientation and a drug test. Turner claims that throughout orientation, the evaluator stared at him and once whispered insults. An independent facility collected a urine sample. MedTox split the sample, tested one part, and stored the other. As required by Department of Transportation regulations, MedTox reported Turner's positive result to Hirschbach’s independent medical review officer. Hirschbach’s safety officer, Winegarden, told Turner he could request that the second half of his sample be tested by a different laboratory. Turner told Winegarden he wanted the split test. That test never took place; the reason is disputed. Turner left the orientation program. Hirschbach, as permitted by DOT regulations, reported Turner’s results to an industry consortium which can be seen by future employers, with Turner’s permission. Turner sued under the Civil Rights Act, 42 U.S.C. 2000– e(2)(a)(1), 42 U.S.C. 1981, and Illinois civil conspiracy law. The district court granted Hirschbach summary judgment. The Seventh Circuit affirmed. Turner did not respond to most of Hirschbach’s statements of undisputed facts. Giving Turner the benefit of conflicts in the evidence, the court found evidence that Winegarden cancelled the split test and acted based on racial animus but no evidence that Winegarden’s racial animus caused him not to be hired. There was no evidence that the MedTox test was unreliable or that the split test would have been negative. View "Turner v. Hirschbach Motor Lines" on Justia Law