Jail inmate Richard Schweitzer filed suit pursuant to 42 U.S.C. § 1983, alleging that the jail medical staff refused to remove two cysts on his back, and failed to provide his medication in a timely manner. On summary judgment, the defense presented evidence that the jail physician assistant made a medical determination that the cysts were…
Read MoreEach year, the U.S. Supreme Court decides several cases affecting local governmental interests. Here is our year-end review of some of those important decisions plus a few cases yet to be decided in the months to come. Birchfield v. North Dakota, 136 S. Ct. 2160 (2016): State implied consent laws that criminalize a DUI driver’s refusal…
Read MoreNumerous media reports in the last year have focused on recordings in police shooting cases, whether it be video or audio recordings, captured by officers or others at the scene of a shooting. While recorded footage occasionally capture instances where a police officer may have crossed the line, attorneys at HCB usually find that videotape…
Read MoreOn December 20th, 2016, the Seventh Circuit Court of Appeals affirmed the public censure of a plaintiff’s lawyer who sued a Winnebago County Assistant State’s Attorney, for making frivolous arguments regarding the prosecutor’s absolute immunity from suit. See Foreman v. Wadsworth, et al., No. 15-3096, 2016 U.S. App. LEXIS 22598 (7th Cir. Dec. 20, 2016)….
Read MoreOn December 30th, the Illinois Supreme Court decided an important Public Safety Employee Benefits Act (“PSEBA”) case that distinguishes between the effect of a “line of duty disability” under Section 4-110 and an “occupational disability” under Section 4-110.1 of the Pension Code. In Bremer v. City of Rockford, 2016 IL 119889, the Illinois Supreme Court…
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