14th Amendment Violation – Access to Courts Claim

Listen to this article

7^th Circuit Court of Appeals

Case Name: Kevin Harer, et al., Shane Casey, et al.,

Case No.: 19-3334

Officials: FLAUM, SCUDDER, and ST. EVE, Circuit Judges.

Focus: 14^th Amendment Violation – Access to Courts Claim

Samantha Harer died from a gunshot wound to the head. The coroner concluded Samantha committed suicide. Samantha’s parents, Kevin and Heather Harer, reject this finding. The Harers claim Samantha’s boyfriend, Felipe Flores—a police officer for the town of Crest Hill, Illinois—murdered Samantha during an argument at her home in neighboring Channahon, Illinois.

The Harers sued Flores and Crest Hill in federal court: Flores for wrongful death (among other torts) and Crest Hill for its alleged unconstitutional practice of concealing officers’ misconduct, which the Harers allege emboldened Flores to kill Samantha. The Harers also sued the Town of Channahon and its Chief of Police Shane Casey, its Deputy Chief of Police Adam Bogart, and Detective Andrew McClellan (collectively, the “Channahon defendants”), asserting these defendants denied the Harers their constitutional right of access to court when they engaged in a cover-up to protect Flores.

The Channahon defendants moved to dismiss the access claim, arguing they did not prevent the Harers from initiating a wrongful death lawsuit against Flores within the statute of limitations. The district court denied the motion, holding that the Channahon defendants still frustrated their judicial access by delaying the Harers’ suit and costing them money. Additionally, the court ruled that clearly established law prohibited the officers’ conduct, so qualified immunity did not shield the officers from suit.

We reverse the court’s judgment because the Harers have access to remedies—and therefore access to court—in their pending wrongful death suit. Accordingly, the Harers’ access claim (Count II) is not ripe for review, and we remand with instructions to dismiss it without prejudice.

Reversed and remanded

Full Text

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.