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| Aida Food & Liquor, Inc. v. City of Chicago, No. 05-2059,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: City and officials were properly granted summary judgment on "class of one" equal protection claim of store and its owner based on inspections of store, liquor license status, and city's refusal to sell owner adjoining lot because store and owner produced no evidence of animus or that they were treated differently than any other establishment.
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| Higbee v. Sentry Ins. Co., No. 04-1502,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Judgment entered in favor of employer in employee's Title VII action was affirmed because employee waived any right to challenge district court's instruction to jury on who was "supervisor" for purposes of Title VII by failing to object to instruction or object in posttrial motion, and there was no plain error under Fed. R. Civ. P. 51(d)(2).
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| Norfleet v. Webster, No. 05-1237,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Hospital director and physician assistant should have been granted summary judgment on inmate's Eighth Amendment deliberate indifference to serious medical needs claim because as to director, facts showed only difference of opinion as to seriousness of inmate's arthritis and physician assistant followed prison policy regarding pain relievers.
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| Pavey v. Conley, No. 05-2004,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Prison guards were improperly awarded summary judgment on an inmate's 42 U.S.C.S. § 1983 excessive force claim based on the inmate's failure to exhaust administrative remedies as required under 42 U.S.C.S. § 1997e(a); the inmate claimed that he was unable to write due to a broken arm and that he made a verbal complaint that was investigated.
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| Quezada-Luna v. Gonzales, No. 05-2186,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Alien was removable under 8 U.S.C.S. § 1227(a)(2) because his conviction for aggravated discharge of firearm, a violation of 720 Ill. Comp. Stat. 5/24-1.2(a)(1), was both firearm offense under 8 U.S.C.S. § 1227(a)(2)(C) and aggravated felony under § 1227(a)(2)(A)(iii) because discharge element involved use of physical force.
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| United States v. Freeman, No. 04-2206,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's properly-calculated guideline sentence was affirmed after district court replied on Paladino remand that it would have imposed same sentence under advisory guidelines because sentence was presumptively reasonable and defendant failed to offer any evidence based on 18 U.S.C.S. § 3553(a) factors that would tend to rebut that presumption.
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| United States v. Gandarilla-Olea, No. 04-1981,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's sentence was affirmed because district court replied on limited Paladino remand that it would have imposed same sentence under advisory USSG, sentence fell within properly calculated USSG range, district court gave meaningful consideration of relevant 18 U.S.C.S. § 3553(a) factors, and sentence was reasonable.
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| United States v. Najera, No. 04-3985,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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| United States v. Verdone, No. 05-2868,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's sentence was affirmed because 30-month sentence for seven federal tax offenses by someone who trumpeted his disdain for those laws, and his plan to violate them early and often, was not unreasonable; condition of supervised release that defendant cooperate with IRS was proper as it required no more than what tax statutes entailed.
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