The HCBullet: The blog of the Attorneys at HCB

U.S. Supreme Court Wrap Up

January 10, 2017

Each 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…

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Expanded Use of Digital Recordings: Prosecutors Work To Obtain Amazon Echo In Homicide Case

January 10, 2017

Numerous 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…

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Seventh Circuit Affirms Sanction Against Plaintiff’s Attorney and Re-Asserts Doctrine of Prosecutorial Immunity

January 10, 2017

On 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)….

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Illinois Supreme Court Rules That Occupational Disease Disability Pension Does Not Automatically Satisfy Catastrophic Injury Requirement of PSEBA

January 10, 2017

On 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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Medical Marijuana and County Jails

December 13, 2016

Illinois passed the Illinois Compassionate Use of Medical Cannabis Pilot Act, 410 ILCS 130/1, et seq., in 2014. Section 30 of the Act expressly prohibits possessing or using cannabis in a correctional facility, even with a valid medical marijuana card. 410 ILCS 130/30. The Act also provides limited immunity to correctional staff who take actions…

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