The HCBullet: The blog of the Attorneys at HCB

Court Rules that Video Evidence Showed Correctional Officers’ Actions Were Constitutional

February 7, 2017

In Leyva v. Kankakee County, et al., a jail inmate, Giovanni Leyva, alleged that multiple officers used excessive force against him during a transport from his housing unit to a segregation unit. Leyva alleged that he was struck multiple times in the back, and that upon arrival to the segregation unit, he was placed in…

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Federal Court Entered Judgment in Favor of Correctional Staff in Inmate’s Medical Claim

February 7, 2017

Jail inmate Richard Schweitzer filed suit pursuant to 42 U.S.C. § 1983, alleging that the jail medical staff refused to remove two cysts on his back, and failed to provide his medication in a timely manner. On summary judgment, the defense presented evidence that the jail physician assistant made a medical determination that the cysts were…

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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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