The HCBullet: The blog of the Attorneys at HCB

Court Grants Summary Judgment in Defendants’ Favor in Inmate’s Failure to Protect and Medical Care Case

June 27, 2017

Central District Judge Eric Long granted Defendant’s motion for summary judgment in Whiteside v. County of Kankakee, et al., No. 16-2115. Plaintiff, a jail inmate, alleged that a correctional officer failed to protect him from an altercation with another inmate and that the jail nurse was deliberately indifferent to his injuries following the altercation. The…

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Non-Home Rule Municipalities May Create Administrative Procedures to Determine Eligibility for Benefits Under §10 of PSEBA

June 27, 2017

In December 2008, Steven Englum was employed as a police officer by the City of Charleston (City) – a non-home-rule municipality – when he was injured while exiting his police cruiser. In November 2013, Englum sent the City a letter requesting health insurance benefits under §10 of the Public Safety Employee Benefits Act (PSEBA). In…

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Court Grants Discretionary Immunity in Sidewalk Defect Case

June 27, 2017

In Monson v. The City of Danville, 2017 IL App (4th) 160593, Barbara Monson tripped and fell on an uneven sidewalk seam maintained by the City of Danville. Monson required nine stitches, bruising and dental work as a result of her fall. Monson sued the City, alleging that the City’s negligence and willful and wanton…

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Seventh Circuit Court Affirms Transgender Boy’s Right to Use Boy’s Restroom At School

June 7, 2017

In Whitaker v. Kenosha Unified School District No. 1 Board of Education, et al., No. 16-3522 (7th Cir. May 30, 2017), the Seventh Circuit Appellate Court affirmed a grant of preliminary injunctive relief that allowed a transgender boy to use the boys’ restroom while at school. Ashton (“Ash”) Whitaker is a transgender high school senior….

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Supreme Court Vacates $4,000,000 Verdict Against Police and Reaffirms Graham v. Connor’s “Objective Reasonableness” Test for Excessive Force Claims

June 7, 2017

On May 30, 2017, in County of Los Angeles v. Mendez,  the U.S. Supreme Court vacated a $4,000,000 award in an excessive force case. In Mendez, the police entered a house looking for an armed and dangerous criminal suspect. The suspect was not found, but the owner of the house said that a homeless couple…

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