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   Federal Courts - 7th Circuit Court of Appeals - March 9, 2007

  
Coffey v. Northeast Ill. Reg'l Commuter R.R. Corp., No. 06-2310, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: Railroad was properly granted summary judgment because engineer who struck his head on visor failed to make prima facie case of negligence under FELA, 45 U.S.C.S. § 51, as he failed to present evidence of proximity of visor in its horizontal position to driver's head when he was groping for light switch or evidence of visor's weight and padding.

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Oliver v. Frank, No. 06-2993, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: Defendants were properly granted summary judgment in inmate's § 1983 action because he failed to exhaust administrative remedies as required by 42 U.S.C.S. § 1997e(a) by filing timely grievance under Wis. Admin. Code § DOC 310.09(6), and equitable estoppel was inapplicable because he failed to show defendants caused delay in filing grievance.

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Twitty v. McCoskey, No. 06-1675, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: Summary judgment was properly entered against a pretrial detainee, who asserted deliberate indifference to medical needs claims in a § 1983 suit. Detainee had not exhausted his administrative remedies as required by 42 U.S.C.S. § 1997e(a). His failure to file formal grievances was not excused by his alleged ignorance of jail's grievance procedures.

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United States v. Hawkins, Nos. 05-4311, 05-4243, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: Defendants' sentences were affirmed because no concrete objections were made to the presentence report's accuracy regarding the amount of loss caused by the fraud, so district court had no duty to audit the report and had every reason to believe that neither defendant doubted the accuracy of the estimate amount of loss contained therein.

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United States v. Melero, No. 06-2884, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: Defendant's sentence was reasonable in light of his criminal history and the seriousness of his offense; defendant's criminal behavior over the prior 10 years, under 18 U.S.C.S. § 3553(a)(1), the failure of his prior arrests to deter his criminal conduct, § 3553(a)(2)(C), and the seriousness of his drug conspiracy offenses.

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United States v. Palmer, No. 06-2791, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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United States v. Shoals, No. 06-3335, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2007, Decided
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Overview: District court properly denied defendant's motion to suppress gun, shotgun shells, and inculpatory statements because officer's had reasonable suspicion to conduct investigatory stop and their conduct in ordering defendant to exit house, drawing guns, and handcuffing him did not transform stop into custodial arrest, and pat-down was justified.

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