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…
Read MoreThe 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…
Read MoreIn recent years, academics and the plaintiff’s bar have complained about the Supreme Court frequently reversing lower court decisions which have denied requests by police officers for qualified immunity. Last month, however, in Sause v. Bauer, No. 17-742 (June 28, 2018) the Supreme Court reversed a lower court decision which had granted qualified immunity to…
Read MoreIn Johnson v. Joliet Police Department and City of Joliet, 2018 IL App (3d) 170726, the plaintiff sought disciplinary records of a police officer through a Freedom of Information Act (FOIA) request. The Police Department responded by explaining it had no records relating to citizen complaints against the officer and no disciplinary records less than…
Read MoreOn June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, 585 U. S. ____ (2018). In Lozman, a vocal critic of city officials owned a floating home in a marina in Riviera Beach, Florida. Over the course of his residency in the city, the resident often spoke during public comment during…
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