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   Federal Courts - 7th Circuit Court of Appeals - January 18, 2007

  
Alexander v. Milwaukee, No. 06-1505, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: Police and fire commissioners were not entitled to qualified immunity as to claims under § 1983 that they discriminated against white males in making police department promotions, as use of a standardless race-conscious promotion system violated equal protection. However, the loss of a chance doctrine for determining damages was misapplied.

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Empire Fire & Marine Ins. Co. v. Sargent, Nos. 05-4215 & 05-4347, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: Insurer properly relied on a clearly-worded drunk driving exclusion to deny coverage to an insured with respect to claims filed against him by victims of a car accident he caused while driving drunk. In light of the clear exclusion, it was patently implausible that the insured expected coverage for an accident caused while he was driving drunk.

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Guest v. McCann, No. 04-3736, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: Inmate's § 2254 habeas corpus petition was properly denied because although he presented substantial evidence showing that the state court trial judge who presided over his murder trial was corrupt, evidence did not support inmate's compensatory bias claim. The inmate did not show that trial judge was actually biased when presiding over his case.

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Payton v. County of Carroll, No. 05-3428, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: Given that the private interests at stake were not great, the state procedures were adequate to protect whatever minimal interest existed, and the state had a valid claim for 55 Ill. Comp. Stat. 5/4-5001 administrative fees to defray its costs of running the bail-bond system; arrestees' due process arguments with regard to the fees were rejected.

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Roney v. Ill. DOT, No. 05-3382, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: District court properly entered judgment for employer in a Title VII suit because former employee failed to establish prima facie case as to his retaliation, discrimination, and hostile work environment claims. Employee did not show that employer took any materially adverse actions against him or that his work environment was objectively offensive.

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United States v. Jung, No. 05-3718, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: District court erroneously admitted into evidence statements by defendant's former attorney as party admissions under Fed. R. Evid. 801(d)(2)(D) because it failed to apply more exacting standard for their admission, but error was harmless under Fed. R. Crim. P. 52(a) because of defendant's admissions and government's overwhelming evidence of guilt.

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United States v. Vance, No. 06-2926, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 18, 2007, Decided
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Overview: Pursuant to U.S. Sentencing Guidelines Manual § 1B1.3(a)(2), in sentencing a defendant convicted of fraudulently obtaining a loan, the district court did not err by counting as relevant conduct certain other transactions because defendant used the same phony social security number and birth date that he did for the offense of conviction.

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