A federal judge has allowed an amended civil rights lawsuit filed by a man exonerated in a 1980 sexual assault and strangulation to proceed.
12-2345 Kristofek v. Village of Orland Hills
A special prosecutor says he might seek outside medical experts in the investigation into a suspect’s death in Milwaukee police custody.
Employers beware: Your prohibition on hiring job applicants with arrest or conviction records could land you in trouble with the U.S. Equal Employment Opportunity Commission.
A Wisconsin man exonerated of rape after serving 18 years in prison, then convicted of helping kill a woman after he was set free filed a lawsuit from prison claiming his civil rights were violated.
10-2680 Redd v. Nolan
10-3878 Pavey v. Conley
10-3523 Aleman v. Village of Hanover Park
10-1300 Milestone v. City of Monroe
09-3280 Arnett v. Webster
10-2180 Reher v. Vivo
10-CV-729 Edwards v. Schrubbe
10-3670 Paul v. Marberry
Civil Rights
Due process; inadequate medical care
Civil Rights
PLRA; In forma pauperis; three strikes
Civil Rights
Prisons; medical needs; deliberate indifference
Civil Rights
Prisons; freedom of religion
Civil Rights
False warrants
Civil Rights
Excessive force; nominal damages
Civil Rights
Foreclosure
Civil Rights
Equal protection
Civil Rights
Warrantless search; exigent circumstances; burden of proof
Civil Rights
Excessive force; qualified immunity
Civil Rights
Due process
Civil Rights Duty to protect Kirk Dewindt appeals from the judgment of the circuit court that dismissed his action under 42 U.S.C.A. § 1983 (West 2011) against Bruce Luedtke. Dewindt argues that the circuit court erred when it dismissed his claim. The circuit court determined that Dewindt had not stated a claim under § 1983 [...]
Civil Rights Attorney fees; frivolous claims When a plaintiff’s suit involves both frivolous and non-frivolous claims, a court may grant reasonable fees to the defendant, but only for costs that the defendant would not have incurred but for the frivolous claims. Congress’s purpose in enacting §1988—to relieve defendants of the burdens associated with fending off [...]
Civil Rights Prison conditions; due process The plaintiff failed to present sufficient evidence to determine whether 240 days in segregation at Columbia Correctional Institution is a deprivation of liberty under the Due Process Clause. “When answering Marion’s complaint, defendants denied that conditions in DS-1 confinement deprived him of liberty or property. Marion had to come [...]
Civil Rights Attorney fees; prevailing party Litigants who prevailed in the U.S. Supreme Court are prevailing parties entitled to attorney fees, even if the defendants repealed the unconstitutional statutes before the district court could order them to on remand. “The municipalities insist that the Supreme Court’s decision addressed only ‘a preliminary legal issue that did [...]
Civil Rights Material witness statute The objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. Whether a detention is reasonable under the Fourth Amendment “is predominantly an objective inquiry.” Indianapolis v. [...]
Civil Rights Qualified immunity; appeal The Court may review a lower court’s constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds. This Article III standard often will be met when immunized officials seek to challenge a determination that their conduct violated the Constitution because that ruling may [...]
