The Supreme Court has long held that the federal constitution restricts government action. It is not a remedy for every private misdeed—even when creative litigants, in their search for a deeper pocket, try and pin that private wrong on some public employer or agency. A recent summary judgment ruling from the Central District of Illinois…
Read MoreOnce a civil case is settled, it is typically over. Courts do not allow second bites at the litigation apple. Settlement serves to manage risks and costs and overall promotes the economies of the judicial system. It is an often used and favored mechanism for resolving a civil dispute. A Chicago federal district court judge…
Read MoreAlmost every municipality knows the headache of facing a self-represented litigant who knows enough about the legal process to weaponize legal procedure and thereby drive up defense costs, but who refuses to obey the rules himself. Two recent Seventh Circuit decisions remind lower courts of tools to curb such behavior. The first is James v….
Read MoreThe U.S. Supreme Court is still weighing whether to take one of several cases in which one party is asking the Court to reconsider the doctrine of qualified immunity. As noted in a recent HCBullet update, qualified immunity is a doctrine that holds that government employees are immune from civil liability for constitutional violations unless…
Read MoreThe Honorable Billy Joe McDade in the Central District of Illinois denied a habeas corpus petition in favor of Vermilion County Sheriff Patrick Hartshorn in Myron Phillips v. Vermilion County Sheriff, Case No. 20-cv-2093 (C.D. Ill., May 21, 2020). Petitioner, Myron Phillips, was a pre-trial detainee held at the Vermilion County Jail, and his suit challenged…
Read More
HCBullet