The HCBullet: The blog of the Attorneys at HCB

DeKalb County Judge Dismisses Wrongful Death Suit Against Sheriff Regarding Detainee’s Drug Overdose Death Based Upon Tort Immunity Act

April 4, 2018

Judge William P. Brady in DeKalb County dismissed with prejudice the wrongful death and survival action brought by the Estate of Brandon Washington, regarding the overdose death of Brandon Washington in February 2016. In Sophia Thomas v. Sheriff Roger Scott, et al., Case No. 2017 L 8 (DeKalb Co. Cir. Ct. March 26, 2018), Judge…

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Illinois Appellate Courts Issue Two New FOIA Opinions  

April 4, 2018

Cook County State’s Attorney Need Not Compile “Stingray” Data Based Upon FOIA Request On March 12, 2018, the Illinois Appellate Court, First District, recently upheld the general rule that a public body does not have to create records it does not ordinarily keep in response to a general request for data or statistics. In Martinez…

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Use of Deadly Force In Response To Gun Pointed At Officer Ruled Not Excessive

March 21, 2018

The Seventh Circuit Court of Appeals recently held than an Indianapolis SWAT officer did not violate the Fourth Amendment in a fatal shooting case. In so doing, the court reiterated two key principles for judging such cases and reversed a lower court for overlooking those principles. First, a fact cannot be “disputed” merely on a…

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Appellate Court Rules that Arrestee’s Broken Arm Leads to Inference That Force Used to Handcuff Him was Excessive

March 7, 2018

Plaintiff Enrique Avina sued for excessive force in violation of his Fourth Amendment rights after Milwaukee police officers broke his arm while attempting to handcuff him during his arrest for trespass. Plaintiff testified that one of the officers grabbed his Plaintiff’s wrist while placing his other hand on Plaintiff’s upper right arm. Plaintiff claimed that…

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Court Grants Defendant Employers Summary Judgment in Political Patronage Case

March 7, 2018

Plaintiff Nikki Bogart, a Democrat and former candidate for County Recorder, filed suit alleging that her First Amendment rights were violated when the new Republican County Board Chairman terminated her employment a month after taking office. Defendant Chairman and the County filed a motion for summary judgment, arguing that, even if Plaintiff was fired for…

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