Deprivation of Rights

By: Derek Hawkins//August 1, 2016//

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7^th Circuit Court of Appeals

Case Name: Patrick L. Giddeon v. Edward A. Flynn, et al

Case No.: 15-3464

Officials: WOOD, Chief Judge, and POSNER and FLAUM, Circuit Judges.

Focus: Deprivation of Rights

Appellant requirement to sit in squad car on hot day for 30 minutes did not cause him to admit that gun found in car, of which the appellant was a passenger, was his.

“Giddeon complains about the discomfort he experienced from having to sit in the squad car for half an hour on a hot day (the outside temperature was almost 90°F), but there is no evidence that he was overcome by the heat or that it caused him to admit that the gun was his. One of the car doors was open during almost the entire 30 minutes, so the interior temperature was probably close to the outside temperature. 90°F is hot, but it is a common summer temperature in the midwest and is not disabling.”

Affirmed in part

Reversed and remanded in part

Full Text

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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