Justia Civil Rights Opinion Summaries

Meyers was one of seven men convicted of the 1989 gang-related murders of Williams and Kaufman in Chicago. In 1995, after Meyers’ conviction was affirmed on direct appeal, he filed a pro se petition for post-conviction, arguing that his trial counsel, Nichols, was ineffective for failing to investigate the scene of the shooting and to establish that a witness, Wilson, would not have been able to see the shooters from his second-floor vantage point. Pointing to Wilson’s post-trial recantation, Meyers added that he was wrongfully convicted based on Wilson’s perjured trial testimony and the prosecution’s subornation to commit perjury. Meyers also argued that his trial counsel, Nichols, was ineffective in failing to interview and present the alibi testimony of Parker. The Illinois appellate court rejected his claims.The Seventh Circuit affirmed the denial of his federal habeas corpus petition. The Illinois Appellate Court did not unreasonably apply “Strickland” in rejecting his claim that Nichols was ineffective for failing to interview and present Parker’s alibi testimony. The risk that the defense would have taken by pursuing that alibi, which contradicted statements made by Nichols after his arrest, is obvious. The state court reasonably determined that his conviction was not based on the knowing use of perjured testimony. View "Meyers v. Gomez" on Justia Law

During a 3:30 am encounter, while South Bend Officer O’Neill was investigating reports that someone was stealing from parked cars, Logan picked up a hunting knife and approached O’Neill. The officer told Logan to stand still and put down the weapon. Logan held the knife up, came within three steps of O’Neill, and threw the knife, hitting O’Neill in the arm. O’Neill fired his gun, hitting Logan in the torso. O’Neill called for an ambulance, but Logan died at a hospital.The district court rejected Logan's estate’s suit under 42 U.S.C. 1983 on summary judgment. The Seventh Circuit affirmed, rejecting arguments that one of O’Neill’s multiple descriptions of the events implies that Logan threw the knife a second or so before O’Neill pulled the trigger and that O’Neill was safe (Logan was no longer armed) or that a jury might doubt O’Neill’s version of events because he did not activate his body camera and has been convicted of ghost employment. The physical evidence, such as the bullet track, is consistent with O’Neill’s account. Disbelief of the only witness is not proof that the opposite of the witness’s statements is true. “The fact that many shootings by police eliminate an important source of evidence is troubling, but litigation remains tied to the record," which compels a decision for O’Neill. View "Estate of Eric Jack Logan v. City of South Bend" on Justia Law

In 2016, law enforcement agents, with a search warrant, broke open the doors and windows of Rodriguez’s home, threw a flash-bang grenade into the living room where his one-year-old daughter was sleeping, and searched for illegal drugs. Rodriguez was arrested and convicted in state court. Rodriguez sued 14 defendants under “Bivens” and 42 U.S.C. 1983, claiming they provided false information to the judge who issued the warrant and executed the search in an unreasonable manner. Two defendants were identified by codes that Rodriguez received in his criminal proceeding. The judge dismissed 13 defendants as not properly identified and granted the remaining defendant summary judgment.The Seventh Circuit vacated in part. A plaintiff who uses “placeholders” ordinarily must substitute identified defendants before the statute of limitations expires. A plaintiff may be able to replace or add defendants after the limitations period by using the relation-back doctrine of Fed.R.Civ.P. 15(c)(1)(C), which applies because “the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out … in the original pleading.” Rule 4(m) requires service of the complaint and summons within 90 days after the complaint’s filing unless the plaintiff shows good cause for the delay. Not until the district court screened the complaint under 28 U.S.C. 1915A was service possible; by then the 90 days, and the statute of limitations, had expired. Delays required by section 1915A constitute “good cause” under Rule 4(m) for belated service, which increases the time for Rule 15(c) relation back. View "Rodriguez v. McCloughen" on Justia Law

A person arrested in Chicago can take some property into jail but must surrender other property, including cell phones. The detainee has 30 days to reclaim the property in person (if released) or by a designated friend or relative. Property remaining in the city’s hands after 30 days is sold or thrown away. In 2021, the Seventh Circuit (Conyers), rejected several constitutional challenges to that policy. Kelley-Lomax remained in custody for more than 30 days and did not have anyone retrieve his property. The city disposed of a cell phone and a wallet, including a debit card and library card, that the police had seized.The Seventh Circuit affirmed the dismissal of his suit. The disposition of the seized property is governed by the Due Process Clause. Chicago provides detainees with notice and an opportunity to reclaim their property. Rejecting a substantive due process argument, the court reasoned that property is a fundamental right but property can be abandoned. Chicago draws the abandonment line at 30 days. Physical items seized from arrested persons make claims on limited space, and for many detainees, the costs of arranging a sale to free up space would exceed the value of the items in inventory. View "Kelley-Lomax v. City of Chicago" on Justia Law

In 2010, Scaife, an African-American woman, began working as a specialist classifying VA jobs. Scaife received “Outstanding” or “Excellent” ratings on her annual performance reviews. After a few years, Earp, a white male, became Scaife’s immediate supervisor. Scaife claims he mistreated women employees. In 2016, Earp told Scaife and another black female that he wanted them to classify positions higher if told to do so. When Scaife inquired whether doing so would violate regulations, Earp became “aggressive.” Scaife inquired about the process for addressing a hostile work environment and sent text messages to Earp’s supervisor. After an incident during which another white male referred to Scaife as a "N-----," Scaife filed EEO charges. Scaife received a formal counseling email. Scaife later accepted an offer for the same classifier position at a California VA center, which allowed her to work remotely.Scaife sued under Title VII, claiming a race and gender-based hostile work environment, retaliation, and constructive discharge. The Seventh Circuit affirmed summary judgment in favor of the VA. Given the totality of circumstances, Scaife failed to show that the one-time use of the N-word outside of her presence established a hostile work environment based on race. Scaife failed to show harassment based on gender, that the alleged conduct was severe or pervasive, or that she endured a hostile work environment based on both race and gender. Absent evidence that she suffered an adverse action, Scaife cannot establish retaliation. View "Scaife v. United States Department of Veterans Affairs" on Justia Law

White injured his knee while incarcerated and playing basketball at an Illinois prison in June 2015. From the date of his injury through November 2017, White complained about knee pain to various prison nurses and doctors, including Nurse Practitioner Woods and Doctor David, who met White’s complaints with “conservative” treatment. White did not receive an MRI for his knee until December 2017. The MRI revealed that White had a serious knee injury that required surgery.White filed suit under 42 U.S.C. 1983 against Woods, David, and the prison’s healthcare provider, Wexford, alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. The district court dismissed White’s claims. The Seventh Circuit vacated in part. The district court improperly granted Woods and David summary judgment on White’s deliberate indifference claims; the evidence viewed in the light most favorable to White shows a factual dispute. A jury could find that Woods’s decisions not to perform a complete examination on White and not to refer White to David, for an MRI or anything else, for nearly seven weeks were deliberately indifferent. A jury could conclude that he unreasonably delayed necessary treatment for White’s knee injury by continuing a conservative care regimen. View "White v. Woods" on Justia Law

Mwangangi provided roadside assistance around Indianapolis. He set out to jumpstart a car in his used Crown Victoria and activated clear strobe lights on the outside of his car. A driver that Mwangangi passed on the highway twice called 911 to report him as a police impersonator. Shortly after Mwangangi helped the stranded motorist, he found himself at a gas station surrounded by seven police officers. Mwangangi was ordered from his car, handcuffed, patted down twice, and arrested for police impersonation—charges that were not dropped until two years later, when everyone realized he had been telling the truth about his roadside assistance job.The district court entered summary judgment for Mwangangi on many of his Fourth Amendment-based claims, denying some of the police officers the protection of qualified immunity. The court found for the city and officers on other claims. The Seventh Circuit reversed in part. Officer Nielsen had a “particularized and objective basis” to justify an investigatory Terry stop in the gas station and had the authority to ask Mwangangi to step out of his car to answer questions. Because of the context of the potential crime and surrounding circumstances, Officer Root’s decision to pat Mwangangi down did not amount to a constitutional violation. Officer Noland waived any challenge to the determination that his second pat down violated Mwangangi’s Fourth Amendment rights. The court stated that claims against officers for “bystander liability” required further factual development. View "Mwangangi v. Nielsen" on Justia Law

Downing, an African-American woman, had significant sales experience when she was hired in 2002 by Abbott. In 2009 she became one of four Regional Sales Managers. Abbott came under financial pressure in 2012 and reduced its workforce. Downing’s new director, Farmakis, included detailed criticisms in Downing’s 2013 review. Downing and another employee reported to Abbott’s Employee Relations Department that Farmakis was discriminating based on race and gender. Farmakis was coached to improve his management style. Throughout 2013, Abbott’s business faltered, resulting in layoffs and realignment of its sales teams. Abbott placed Downing on a performance improvement plan, the last step before termination. Downing then retained counsel and gave notice that she intended to file discrimination claims. Abbott cut Downing’s stock award in 2014. Downing filed a discrimination charge with the EEOC. Abbott had another reduction in force in 2015. All four Regional Sales Manager lost their jobs when that position was eliminated. Farmakis was also terminated. Abbott invited Downing to apply for the position of Regional Commercial Director. Abbott did not select Downing or Farmakis and ultimately hired an African-American man.Downing filed suit under Title VII and 42 U.S.C. 1981, alleging racial discrimination and retaliation. The Seventh Circuit affirmed a judgment in favor of Abbot, rejecting challenges to evidentiary rulings, the exclusion of Downing’s expert witness, the jury instructions, the testimony of her former manager, and the sufficiency of the evidence for her disparate-impact claim. View "Downing v. Abbott Laboratories" on Justia Law

The Watters moved into the Preserve as the only black couple in the subdivision. Kate and Ed Mamaril have each been president of the Homeowners’ Association (HOA). When the Watters began construction, Ed told them that they were not welcome. There was a dispute about the Maramils’ cats. Subsequent encounters involved shoving and racial epithets. When the Watters asked for copies of the HOA’s restrictive covenants, Marmaril, as HOA president, refused to provide copies. The Watters had disputes with the HOA concerning mailboxes, paint colors, and porch posts. The HOA has a rule against privacy fences. Watters is a veteran who was diagnosed with PTSD after being trapped in a cave, with a dog. He is unable to work because of a terminal lung condition that further exacerbates his reactivity to dogs. Watters states that his doctors advised him to get a privacy fence to mitigate his PTSD triggers. He unsuccessfully requested the privacy fence as a reasonable and necessary accommodation. A subsequent dispute involved the Watters’ plan to construct a pool.In a suit under Fair Housing Act and 42 U.S.C. 1982, the district court granted the defendants summary judgment. The Seventh Circuit vacated. The Watters can proceed with their race discrimination claim under the Act and section 1982 against the Mamarils, but not against the HOA. Without any evidence showing that the HOA knew about Watters’s PTSD, the Watters’ failure-to-accommodate claim cannot survive. View "Watters v. Homeowners Association at the Preserve at Bridgewater" on Justia Law

At a barbecue at Brown's home. K.M. and Brown became inebriated and had a physical altercation. K.M.’s wife, Rebecca, got K.M. to his car, in front of Brown’s house. According to Rebecca, K.M. was standing in the street when Brown approached and swung a knife at K.M.. K.M. swung back with a piece of wood that Brown had thrown at K.M. earlier. Brown claims K.M. came up the driveway toward him holding pieces of wood and raised his hands as if to strike Brown, so Brown picked up a knife from the grill and swung it. He did not realize he had stabbed K.M. until K.M. collapsed in the street. Brown did not call 911 but made statements such as “that will teach him.” In recorded telephone calls from the jail, Brown made statements attributing the stabbing to anger rather than fear. K.M.’was struck three times; the knife’s blade penetrated his skull and passed through the brain. K.M. survived but has cognitive and physical impairments and will require care for the remainder of his life.Brown was convicted of first-degree reckless injury. The Seventh Circuit affirmed the denial of Brown’s habeas petition. Even if he was deprived of due process when the trial court refused to instruct the jury on the “castle doctrine” as part of his self-defense theory, any error was harmless. It is unlikely that a properly instructed jury would have accepted Brown’s factual account. View "Brown v. Eplett" on Justia Law