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7th Circuit Digest

Sep 14, 2020

Sentencing Guidelines – First Step Act

The First Step Act allows district courts to reduce the sentences of criminal defendants who have been convicted of a “covered offense.”

Sep 14, 2020

Qualified Immunity

For some government jobs, political affiliation is an appropriate position requirement.

Sep 14, 2020

Sufficiency of Evidence

Robert Hosler was convicted after a bench trial of using a facility or means of interstate commerce to attempt to “persuade[], induce[], entice[], or coerce[]” a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b).

Sep 14, 2020

Prisoner – 1st Amendment Violation – Summary Judgment

Elijah Manuel sued prison personnel under 42 U.S.C. § 1983, claiming First Amendment violation when his cell was searched following a disagreement over a grievance procedure.

Sep 14, 2020

ERISA – Repayment Clause – Covered Dependent

Doctors removed Shelby Haynes’s gallbladder in 2013. She was injured in the process and required additional surgery that led to more than $300,000 in medical expenses.

Sep 14, 2020

Probable Cause – Suppression of Evidence

Police investigating drug trafficking in Vermilion County, Illinois, sent an informant to buy two ounces of cocaine at the home of Finas Glenn.

Sep 14, 2020

ADA Violation – Disparate Treatment Claim

Angela Tonyan worked as a store manager at Dunham’s Athleisure Corporation (Dunham’s) when she suffered a series of injuries, requiring multiple surgeries and temporary restrictions to her shoulder, arm, and hand movement.

Sep 14, 2020

Subject-matter Jurisdiction – Collective Bargaining Agreement

Private labor relations in this country are governed almost exclusively by federal law.

Sep 14, 2020

Sentencing Guidelines – Resentencing

In what is becoming an all-too-familiar subject, this appeal raises a question about whether a state drug statute sweeps more broadly than its federal counterpart because the former includes a particular isomer of a substance that the latter does not.

Sep 7, 2020

Sentencing Guidelines

Marcus Durham received a 35-year sentence for a federal drug offense that was later reduced to 20 years due to subsequent amendments to the Sentencing Guidelines.

Sep 7, 2020

ADA Violation – Retaliation Claim

Federal Express Corporation (FedEx) twice fired Janet Kotaska because she could not lift up to 75 pounds.

Sep 7, 2020

Ineffective Assistance of Counsel

In 2002 Alice Minter became ill and weakened; her hair fell out; while in a hospital she entered a coma and seemed on the brink of death.

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Should Steven Avery be granted a new evidentiary hearing?

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