Almost 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 MoreIn Weigand v. Harding, et al., Case No. 19-cv-2186, Judge Eric Long granted summary judgment in favor of a county jail nurse on a medical care claim. Plaintiff, a pretrial detainee, alleged that he did not receive adequate medical care at the county jail. Following an altercation with another inmate, Plaintiff sought medical care for facial…
Read MoreRecent COVID-19 Prison Litigation – UPDATED Mays, et al. v. Dart, et al. [DISCLAIMER: Nothing in this blog post should be construed as legal or medical advice. Be sure to follow all CDC, IDPH, and IDOC guidance regarding the current COVID-19 pandemic. HC&B is also available for consultation regarding risk management and litigation in this…
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