The HCBullet: The blog of the Attorneys at HCB

Court Dismisses Inmate’s Case for Failure to Answer Discovery

May 24, 2017

Chief Judge James E. Shadid in the Central District of Illinois dismissed a pro se pre-trial detainee’s civil rights complaint in favor of a correctional officer and a nurse at the Jerome Combs Detention Center in Kankakee, Illinois in Buckner v. Austin, et al., No. 16-cv-2058 (C.D. Ill. 2017). Plaintiff allegedly slipped and fell in…

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Prisoner’s Appeal Proceeds Despite Three Strikes Under The PLRA

May 24, 2017

In Isby v. Brown, No. 15-3334, (7th Cir. May 10, 2017), the Seventh Circuit Appellate Court denied Defendants’ motion to dismiss based on Plaintiff’s failure to inform the district court of his numerous strikes under the Prisoner Litigation Reform Act (“PLRA”). In Isby, the plaintiff, a prisoner at the Indiana Department of Corrections, had been…

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Seventh Circuit Expands Sex Discrimination Protections Under Title VII to Include Sexual Orientation

May 9, 2017

Last month in Hively v. Ivy Tech Community College of Ind., 853 F.3d 339 (7th Cir. 2017), the Seventh Circuit Court of Appeals, sitting en banc, found that discrimination on the basis of sexual orientation was a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. This is a…

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Nurse and Correctional Officer Not Deliberately Indifferent to Inmate’s Seizure

April 24, 2017

Magistrate Judge Eric I. Long in the Central District of Illinois granted summary judgment in favor of a correctional officer and a nurse at the Jerome Combs Detention Center in Kankakee, Illinois in Bello v. Kimery, Case No. 16-CV-2153 (C.D. Ill. April 20, 2017). Plaintiff, a pre-trial detainee with mild epilepsy, had a seizure in…

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Failure to File Grievance Results in Dismissal of Inmate’s Claims

April 24, 2017

In Moore v. Walker et al., a jail inmate alleged that a correctional officer violated his constitutional rights by failing to protect him from an attack by other inmates on August 3, 2015.  On defendant’s motion for summary judgment, U.S. District Court Judge Eric Long found that that the inmate failed to exhaust administrative remedies…

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