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7th Circuit Digest

Sep 24, 2018

Immigration – Asylum

Alvarenga seeks asylum, withholding of removal, and relief under the Convention Against Torture because he fears torture and persecution from gang members if he returns to El Salvador.

Sep 24, 2018

FHA Violation

Within months of her arrival at Glen St. Andrew Living Community (“St. Andrew”), Marsha Wetzel faced a torrent of physical and verbal abuse from other residents because she is openly lesbian.

Sep 24, 2018

Deferential Standard of Review

B.G. and his mother, J.A.G., appeal from the district court’s denial of their motion to reverse the ruling of an Illinois State Board of Education Impartial Hearing Officer. J.A.G. had sought public funding for several Individual Educational Evaluations because she believed the Chicago Public Schools’ (the District) evaluations of B.G. were inadequate.

Sep 24, 2018

Postconviction Motion Denied – Laches Doctrine

Jay Thompson’s efforts to obtain a writ of habeas corpus under 28 U.S.C. § 2254 foundered, as so many do, on procedural default—specifically, the decision of Indiana’s judiciary to reject his postconviction petition under that state’s laches doctrine.

Sep 24, 2018

Statutory Interpretation

Ronald Ward injured his shoulder and back when his seat collapsed in the train he was operating. Ward is a U.S. resident who is employed by a U.S. railroad.

Sep 24, 2018

Sufficiency of Evidence

An Indiana judge appointed Robert Stochel as receiver for Tip Top Supermarkets, Inc., while its proprietors were embroiled in protracted litigation.

Sep 24, 2018

FLSA Violation

Jennifer Sloan sued her former employer, the American Brain Tumor Association (“the Association”), for unlawful retaliation in violation of the Fair Labor Standards Act (“FLSA” or “the Act”), 29 U.S.C. §§ 201 et seq.

Sep 24, 2018

Sufficiency of Evidence

A jury convicted Joel Rivera of aiding and abetting a pair of Hobbs Act robberies and his friend’s use of a firearm during them.

Sep 19, 2018

Time-barred – Writ of Habeas Corpus

Richard M. Arnold appeals the district court’s order dismissing as untimely his petition for a writ of habeas corpus.

Sep 18, 2018

Court Error – Jury Instructions

The theme of this constitutional suit under 42 U.S.C. §1983 is that the Sheriff of Cook County, Illinois, did not do enough to prevent guards and other public employees from stealing or losing the belongings of inmates at the Cook County Jail.

Sep 18, 2018

Court Error – Exclusion of Evidence

On March 13, 2014, Kasey Burton was driving to pick up her roommate’s niece for a barbeque.

Sep 18, 2018

Motion to Suppress – Great Deference

Mark Scott, who pleaded guilty to possessing child pornography, reserved the right to appeal from the district court’s order denying his motion to suppress the evidence that police found at his home when they executed a search warrant.

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