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Waiver
By: Derek Hawkins//September 6, 2016//
Listen to this article7th Circuit Court of Appeals
Case Name: Dawain Bell et al v. City of Chicago
Case No.: 15-2833
Officials: RIPPLE, KANNE, and WILLIAMS, Circuit Judges.
Focus: Waiver
Plaintiffs waive due process argument
Despite the availability of this challenge, Plaintiffs have made the conscious decision not to pursue a substantive or procedural due process challenge. Indeed, Plaintiffs have asserted that “[t]o suggest that these Plaintiffs should have at‐ tacked this Fourth Amendment defect on due process grounds is absurd.” (Appellant Br. 13.) Color us absurd then, but such a clear statement amounts to a waiver of any due process argument on appeal. Hojnacki v. Klein‐Acosta, 285 F.3d 544, 549 (7th Cir. 2002) (“A party waives any argument that it does not raise before the district court or, if raised in the district court, it fails to develop on appeal.”).
Affirmed
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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