The HCBullet: The blog of the Attorneys at HCB

Federal Appeals Court Redefines Standard for Section 1983 Jail Medical Care Claims

September 11, 2018

In Miranda v. County of Lake, No. 17-1603 (7th Cir. Aug. 10, 2018), the Seventh Circuit Court of Appeals adopted a standard of “objective reasonableness” in assessing federal civil rights claims brought by pretrial detainees based on the adequacy of medical care in local jails.  The Eighth Amendment’s Cruel and Unusual Punishment Clause governs denial-of-medical-care claims…

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Court Dismisses Pre-Arrest Search and Seizure Challenge

August 29, 2018

The Honorable John Robert Blakey in the Northern District of Illinois granted a motion to dismiss in favor of two detectives and one commander of the Romeoville Police Department in DaJuan Key v. Masterson, al. Case No. 15-cv-9266 (N.D. Ill. August 14, 2018). Plaintiff, DaJuan Key, originally alleged that the search of his hotel room…

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Attorney fee petition slashed in RLUIPA case

July 31, 2018

World Outreach Center, a Christian religious organization, purchased former YMCA building in Chicago. The YMCW had operated as a legal non-conforming use as a community center and 168 single room occupancy units. According to City ordinance, the legal non-conforming use status ran with the land, and World Outreach only had to apply for licenses to…

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Seventh Circuit Ruling Warns Prison Medical Staff Not to “Look at the Calendar and Reflexively Dismiss” Inmates’ Medical Requests

July 24, 2018

The media typically seizes on the most sensational or politically controversial aspects of a court decision, but shrewd risk management requires looking beyond headlines. “Hot-button” cases often impact scenarios far removed from political controversy. The Seventh Circuit’s recent decision in Mitchell v. Kallas fits that description. The facts are simple. Plaintiff Mitchell was an inmate…

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Seventh Circuit Affirms Summary Judgment In Favor of Corrections Officers Who Responded Reasonably to Inmate-on-Inmate Violence

July 24, 2018

The Seventh Circuit issued an opinion on July 10, 2018, which affirmed a grant of summary judgment in favor of all defendants, correctional officers Tobek, Meehan, and Mayo, in Giles v. Tobek, Case No. 17-1707. Plaintiff Giles was a federal pretrial detainee at the Jerome Combs Detention Center in Kankakee, Illinois. He was housed on…

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