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Tag Archives: Civil Digest

8th Amendment Violation – Summary Judgment

Adrian Thomas sued several prison officials at Pontiac Correctional Center in Illinois alleging they violated the Eighth Amendment by restricting him for two months to a cell with feces on the walls, a mattress covered in human waste, a bunk bed with a hundred dead flies, and inadequate plumbing that caused him to develop a rash.

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Immigration – Removal Order

Czeslaw Parzych, a Polish citizen and lawful permanent resident of the United States, was twice convicted of burglary in Illinois, leading the Department of Homeland Security to begin removal proceedings.

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Plea & Sentencing – Jury Instructions

Federal law prohibits the possession of firearms by certain categories of individuals, including by those who have been convicted of a crime punishable by more than one year in prison.

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Suppression of Evidence – Good Faith Exception

Both the State of Wisconsin and Dawn Prado seek review of a published decision of the court of appeals, which determined that Wisconsin's incapacitated driver provision contained within the implied consent statute, Wis. Stat. § 343.305 (2017-18) is unconstitutional.

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Jury Instructions

In the middle of the night, Alan M. Johnson snuck into the home of his brother-in-law (K.M.) seeking evidence of child pornography.

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Insurance Claim – Duty to Defend

Dianna and Kenneth Sunday (collectively “the Sundays”) appeal from a judgment declaring that McMillan-Warner Mutual Insurance Company and Mt. Morris Mutual Insurance Company had no duty to defend or indemnify Nicholas Sempf Nyren (“Nicholas”) due to exclusions in the applicable homeowners’ policies for bodily injuries resulting from the criminal acts of an insured.

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Jury Instructions

Robert Farnik was arrested in 2013 for alleged animal cruelty after Chicago Police were contacted about a sickly dog making desperate sounds in Farnik’s backyard.

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Copyright Infringement

Copyright law protects individual expression while encouraging creativity and maintaining the public interest in spreading ideas.

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Title VII Violation – Retaliation Claim

Debra Eaton brought a Title VII claim against J.H. Findorff & Son, Inc. (“Findorff”), asserting that the company twice refused to hire her in retaliation for an earlier sex discrimination charge that she had leveled against the company.

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Statutory Authority – Emergency Order

Exercising our original jurisdiction under Article VII, Section 3(2) of the Wisconsin Constitution, we consolidate and review three cases challenging the authority of Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County (PHMDC), to issue an emergency order closing all schools in Dane County for in-person instruction in grades 3-12.

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Statutory Interpretation – Cooperative Plan

We review a published decision of the court of appeals affirming the order of the Circuit Court for Dodge County that reversed the Department of Administration's (the "Department") approval of a cooperative plan (the "Plan") between the Village of Kekoskee (the "Village") and the Town of Williamstown (the "Town") and remanded the matter back to the Department.

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