The HCBullet: The blog of the Attorneys at HCB

Jail Deputies Win Use of Force Lawsuit Brought By Inmate

November 4, 2019

A federal judge in Chicago recently found in favor of two DeKalb County deputy sheriffs accused of using excessive force on a jail inmate during a cell extraction. Nerak Scaife was a pretrial detainee at the DeKalb County Jail. He was told by correctional officers that he was being transferred to another county due to…

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Plaintiff Could Not Maintain Malicious Prosecution Claim After Plea Bargain

October 30, 2019

The Honorable Colin S. Bruce in the Central District of Illinois granted a motion to dismiss on a federal civil rights lawsuit in favor of the Kankakee County Sheriff’s Department and their Chief Deputy in Diane Redwitz v. County of Kankakee, et al, Case No. 18-CV-02208 (C.D. Ill. Sept. 17, 2019). Plaintiff, Diane Redwitz, was…

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Denial of CPAP Machine Did Not Violate Inmate’s Constitutional Rights

October 29, 2019

In DeJohnette v. Indiana U.S. Marshal Service, a federal inmate alleged that his constitutional rights were violated by the United States and Kankakee County when they allegedly failed to provide him with a CPAP machine while housed as a federal detainee at the Jerome Combs Detention Center. However, the Honorable Judge Sue Myerscough granted summary…

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Coerced Resignation Did Not State A Claim Under Due Process Clause

October 22, 2019

Assistant principal sued school district under 42 U.S.C. § 1983 claiming that she was subjected to retaliation for speaking out about a student discipline issue in violation of her First Amendment rights, and that she was deprived of her due process rights under the Fourteenth Amendment when she was coerced to resign. The district court…

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Jail Guard Entitled to Qualified Immunity Relating to Injuries Caused by Escaped Inmate

October 22, 2019

A county correctional officer was sued by hospital patients who claimed they suffered from PTSD as a result of an inmate who escaped the officer’s custody while the officer was guarding the inmate following a surgery at the hospital. The officer had unshackled the inmate so he could use the bathroom. When the inmate emerged…

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