The HCBullet: The blog of the Attorneys at HCB

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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Plaintiff lacked standing to claim an interest on assets concealed in prior bankruptcy.

December 13, 2016

Judge Colin S. Bruce in the Central District of Illinois granted summary judgment in favor of the Kankakee County Animal Control Director in Polk v. Boudreau, Case No. 15-cv-2160 (C.D. Ill. Dec. 12, 2016). Several horses were seized by Department personnel for running-at-large in unincorporated Kankakee County. The purported owner of the horses sued, alleging…

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Court grants summary judgment for defendants in Lipsey v. U.S.A., et al. 

December 13, 2016

Summary judgment was granted in favor of the Sheriff, the Chief of Corrections and jail staff in Lipsey v. U.S.A., et al., No. 12-cv-2100 (C.D. Ill. Dec. 12, 2016). The case was brought by a disabled minor, J.L., who was injured when her mother delivered while in federal custody at the Jerome Combs Detention Center…

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Court Grants Summary Judgement in Favor of Jail Staff Concerning Inmate’s Diabetic Care

November 8, 2016

Summary judgment was granted in favor of correctional officers, jail administrative staff, and the jail medical staff  in Harris  v. Senesac, et al., No. 15-cv-02067-SLD. The jail inmate, Spencer Harris, alleged that the jail staff acted deliberately indifferent towards his Type-2 Diabetes. The inmate also claimed that his conditions of confinement were constitutionally inadequate. Specifically, Harris…

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Juveniles May Not Be Shackled During Court Proceedings

November 8, 2016

On October 6, 2016, the Illinois Supreme Court amended its rules to add Rule 943 prohibiting the shackling of juveniles during delinquency proceedings absent a court order. The Rule effectively prohibits the handcuffing, shackling, or restraint of minors “during court proceedings.”  Juveniles cannot be restrained while in court, absent an order following a hearing on whether…

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