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Writ of Mandamus

By: Derek Hawkins//April 6, 2020//

Writ of Mandamus

By: Derek Hawkins//April 6, 2020//

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7th Circuit Court of Appeals

Case Name: Adam Gibson, et al., v. Curtis Lovelace, et al.,

Case No.: 19-2342

Officials: MANION, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Writ of Mandamus

Defendants in a civil rights case in the Central District of Illinois moved to disqualify the as‐ signed judge under 28 U.S.C. § 455(a). When the judge denied their motion, defendants filed a petition for a writ of mandamus in this court seeking an order requiring the judge to dis‐ qualify herself on two grounds. We denied the petition by order of August 8, 2019, saying that an opinion would follow.

As we explain below, neither ground for recusal required the judge to disqualify herself from this case. We first set the scene with the underlying lawsuit and summarize proceedings on the recusal issues in the district court. We then address the use of mandamus to litigate dis‐ qualification after our decision in Fowler v. Butts, 829 F.3d 788 (7th Cir. 2016). Finally, we turn to the defendant‐petitioners’ specific arguments for disqualification.

Petition Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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