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   Federal Courts - 7th Circuit Court of Appeals - January 10, 2007

  
Comerica Bank v. Esposito, No. 06-1313, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Overview: In an action for breach of guarantee, the entry of default judgment against defendants was vacated because the district court abused its discretion; plaintiff did not assert that the requested extension would have impacted the case and plaintiff did not challenge defendants' good faith or that their attorney died and his firm neglected the case.

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Cramer v. Schroeder, No. 05-4081, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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DeWilliams v. Martinez, No. 06-2305, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Humphries v. CBOCS West, Inc., No. 05-4047, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Overview: Summary judgment should not have been granted to an employer regarding a retaliation claim under 42 U.S.C.S. § 1981 because the African American employee who filed the action did meet his prima facie burden of showing a similarly situated comparator in a Caucasian employee who held the same position and had engaged in similar actions.

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Mabasa v. Gonzales, No. 04-4144, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Sallenger v. Oakes, No. 05-3470, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Overview: Police officers were not entitled to qualified immunity on § 1983 excessive force claim because reasonable officer would have known that administering closed-fist punches and flashlight blows after arrestee was handcuffed and failing to properly position him after hobbling him violated his Fourth Amendment right to be free from excessive force.

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Sissom v. Purdue Univ., No. 06-2273, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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United States v. Lunsford, No. 06-2751, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Overview: District court did not err in assessing defendant a five-level enhancement under U.S. Sentencing Guidelines Manual § 2G2.2 because defendant's earlier conviction on two counts of aggravated sexual abuse of minors constituted a pattern of activity involving the sexual abuse or exploitation of a minor.

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United States v. Stitman, No. 05-2277, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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Overview: Defendant's 70-month sentence for his 18 U.S.C.S. § 2113(a) bank robbery conviction was affirmed because dangerous weapon enhancement under USSG § 2B3.1(b)(2)(E) applied as defendant's behavior in creating bulge in pocket with his hand and informing teller that he had gun would lead objective observer to believe that he possessed weapon.

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Vision Church v. Vill. of Long Grove, Nos. 05-4144 & 05-4234, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 10, 2007, Decided
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