The HCBullet: The blog of the Attorneys at HCB

Correctional Officers Win Summary Judgment in Failure to Protect Claim

June 27, 2018

Chief Judge James E. Shadid in the Central District of Illinois granted summary judgment in favor of two correctional officers at the Jerome Combs Detention Center in Kankakee County, Illinois in McKinstry v. Colbert, et al. Case No. 16-CV-02362 (C.D. Ill. June 12, 2018). Plaintiff, a pre-trial detainee, alleged that another detainee had concocted a…

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Supreme Court Considers Fourth Amendment Exceptions to Warrantless Search in Curtilage of a Home

June 13, 2018

A motorist on an orange and black motorcycle had eluded Virginia police officers twice. One officer found a picture that matched the motorcycle on Facebook and, through research, found the house where the motorcycle was located and that the motorcycle may have been stolen. The officer pulled up to the house, saw what appeared to…

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Eleventh Circuit Upholds Prison’s Decision to Impound the Magazine Prison Legal News

May 30, 2018

In a recent Eleventh Circuit case, Prison Legal News v. Sec’y, Fla. Dep’t of Corr., No. 15-14220 (May 17, 2018), a federal appellate court upheld the Florida Department of Corrections’ (DOC) decision to confiscate a monthly prisoner magazine, Prison Legal News, published by the plaintiff, Prison Legal News (PLN). The Court found that the DOC’s…

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Seventh Circuit Reinforces Governmental Employers’ Power to Sanction Employees for Speech

May 29, 2018

Governmental employers need to balance their interests in providing services and managing employees with their duty to respect the Constitutional rights of their employees. What happens when an employee, after refusing to say what his governmental employer wants him to say, is fired? Does such retribution run afoul of the First Amendment? Lorenzo Davis worked…

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Supreme Court Clarifies Privacy Rights for Operators of Rental Cars

May 29, 2018

In a recent decision, Byrd v. U.S., No. 16-1371 (May 14, 2018), the Supreme Court issued a unanimous opinion that a driver in lawful possession or control of a rental vehicle, despite not being named as a driver in the rental agreement, has a reasonable expectation of privacy in that vehicle. Latasha Reed rented a…

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