The HCBullet: The blog of the Attorneys at HCB

Third-District Appellate Court affirms dismissal of criminal defendant’s FOIA request.

January 16, 2019

Plaintiff Darius Turner submitted a request under the Freedom of Information Act (FOIA) to the Joliet Police Department seeking records relating to his arrest during the pendency of his criminal proceedings arising from that arrest. Joliet granted his request in part, redacting portions of the records pursuant to certain exemptions under FOIA. Turner filed suit,…

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Court Denies Qualified Immunity in Police Shooting Case

January 16, 2019

Strand v. Minchuk, 908 F.3d 300 (7th Cir. 2018) This case involves the denial of qualified immunity in a police shooting case. According to the plaintiff’s version, which the court accepted for purpose of summary judgment, the plaintiff was unhappy about receiving parking tickets and began taking photos on his cell phone of the area…

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Seventh Circuit Grants Police Officer Qualified Immunity for Taser Use on Active Resister

December 21, 2018

Plaintiff Patrick Dockery filed suit against two City of Joliet police officers after he was tased four times during his booking on charges of trespass and criminal damage to property. Two videos were entered into evidence: the security camera footage from the booking room and the Taser’s camera’s black-and-white footage and audio. Summary judgment was denied…

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Court Dismisses Wrongful Death Suit Against County Officials Based on Tort Immunity

December 21, 2018

A Livingston County judge has dismissed a wrongful death suit stemming from the 2015 death of a man who drowned after a vehicle he was driving was swept away, overturned and submerged by raging floodwaters near the intersection of county and township roads. His estate claimed that the county, its sheriff and engineers were aware…

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County’s Financial Resource Director May Be Terminated for Political Reasons Without Violating the First Amendment

December 5, 2018

In Bogart v. Vermilion County, et al., No. 18-1719 (Nov. 26, 2018), Nikki Bogart filed suit alleging that her rights under the First Amendment and Equal Protection clauses were violated when she was fired from her position as Financial Resources Director by the new County Board Chairman a few months after he took office. Bogart,…

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