The HCBullet: The blog of the Attorneys at HCB

Seventh Circuit Affirms Summary Judgement for Officers in Prison Rape Case

November 8, 2016

In Ramos v. Hamblin (7th Cir. 2016), the Seventh Circuit affirmed the dismissal of an inmate’s suit alleging claims of failure to protect under the Eighth Amendment. The inmate claimed that he was perceived by inmates and jail staff to be homosexual and that the jail staff failed to protect him from rape by his cellmate, a…

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Illinois Supreme Court Denies Officer’s Petition for Leave to Appeal in PSEBA Case

October 12, 2016

David Hancock, a former police officer employed by the Village of Itasca who suffered a line-of-duty injury sought declaratory judgment that the Village was obligated, pursuant to Section 10(a) of the Public Safety Employee Benefits Act (PSEBA), 820 ILCS 320/10(a), to pay the entire premium for his coverage under the Village’s health insurance plan. The trial…

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Banning Inmate Magazine Subscriptions May Violate the First Amendment

October 12, 2016

It may be time to update your jail mail policy. Recently, there have been a spat of challenges to jail and prison policies which ban individual magazine and newspaper subscriptions for inmates. The policies are often enacted for security and budgetary reasons, such as preventing inmates from accumulating a lot of extra paper and avoiding staff…

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Public Employees’ Personal E-Mails Deemed “Public Records” Under FOIA

October 11, 2016

On August 9, 2016, the Public Access Counselor (PAC) of the Illinois Attorney General’s Office issued a binding PAC Opinion (Ill. Att. Gen. PAC 16-006) that deemed e-mails sent on Chicago Police Officers’ personal e-mail accounts to be “public records” subject to the Illinois Freedom of Information Act. In the aftermath of the shooting of…

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Prisoner Medical Treatment

September 13, 2016

Does a disagreement over medical treatment of a prisoner support a civil rights claim? Typically, the mere disagreement among medical providers with regard to prisoner medical care does not support a civil rights claim. However, in some circumstances, such a claim can be found. Earlier this month, the Seventh Circuit Court of Appeals ruled in…

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