U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

August 2011 News

Diabetic Shocker: Jerome Clement Civil Rights Claims Dismissed

Diabetic drivers, wear your medical alert bracelets.

The Seventh Circuit Court of Appeals ruled this week that two East Chicago police officers did not act unreasonably in roughing up and arresting a diabetic driver who was suffering from a hypoglycemic episode.

Jerome Clement was an insulin-dependent Type 1 diabetic. His blood sugar periodically dropped, which could cause Clement to phase out, fall to the floor, and flail his arms in a non-combative manner.

Vague 4th Amendment Violation Claim? No Immigration Appeal Win

We think Reza Baniassadi suspected that his reputation in the Chicago legal community would be compromised when the Seventh Circuit Court of Appeals dedicated one-third of its opinion in a recent immigration appeal to criticizing his performance as an attorney.

Baniassadi's client, Alicja Wroblewska, is a Polish citizen who came to the U.S. in 1994 on a visitor's visa. She overstayed her visa and was caught allegedly trying to bribe an immigration officer in November 1999 in Operation Durango, an Immigration and Naturalization Service (INS) operation that the Seventh Circuit previously described as "a shady sting."

Court Upholds Students' Free Speech Rights in Sleepover Pics Case

High school slumber parties, despite what Judge Philip Simon believes, are often tame affairs marked by pizza, Twilight, and Bravo's Real Housewives franchise. The racier ones might include a Sex and the City marathon on DVD rather than the TV-edited TBS syndication. On the rare occasion that a slumber party graduates from PG to PG-13, sleepover snapshots can turn a 6-game suspension from a high school volleyball schedule into an ACLU lawsuit on students' free speech rights in federal court.

Churubusco High School Principal Austin Couch revoked volleyball and cheerleading privileges from two sophomore girls after the girls posted suggestive photos from a summer sleepover on Facebook, MySpace, and Photo Bucket. Though access to the photos was limited to "friends" and password holders, a fellow student's parent printed the sleepover pics and brought them to the superintendant's attention.

Judge Terrence Evans Dead at 71

Seventh Circuit Judge Terrence Evans died from idiopathic pulmonary fibrosis and acute respiratory distress syndrome last week at the University of Chicago Medical Center. He was 71.

Judge Evans, a native of Milwaukee, Wis., received his BA and JD from Marquette University. After graduation, he clerked for Justice Horace Wilkie on the Wisconsin Supreme Court before working both in private practice and as a district attorney. He had served on the federal bench since 1980.

Law Denying Hormone Therapy to Wisconsin Inmates Unconstitutional

The Seventh Circuit Court of Appeals ruled on Friday that a law prohibiting the administration of hormone therapy to Wisconsin inmates diagnosed with Gender Identity Disorder, (GID), was unconstitutional.

The Wisconsin legislature passed the law, called the Inmate Sex Change Prevention Act, in 2005 to assuage public outcry surrounding news reports that state tax dollars were funding prisoners' sex changes. Three transgender inmates sued to challenge the law after their hormone therapies were reduced in 2006.

Indiana AG Files Planned Parenthood Funding Challenge

The Indiana Attorney General’s office filed an appeal in the Seventh Circuit on Monday challenging a federal district court injunction barring enforcement of a new state law that would pull Planned Parenthood funding.

The law, enacted under Indiana House Bill 2010, prohibits Indiana agencies from entering contracts with, or making grants to, any entity that performs abortions or maintains or operates a facility where abortions are performed.