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| Int'l Airport Ctrs., L.L.C. v. Citrin, No. 05-1522,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2006, Decided
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Overview: District court improperly dismissed former employer's suit brought under Computer Fraud and Abuse Act, 18 U.S.C.S. § 1030, against former employee because employee, by disk insertion or Internet download, had transmitted electronically a program intended to cause damage to laptop loaned to him by employer, violating § 1030(a)(5)(A)(i).
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| Loubser v. Thacker, No. 05-3058,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2006, Decided
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Overview: Where an ex-wife alleged that judges, court reporters, her former husband, and others conspired to manipulate divorce proceedings, her § 1983 claims survived dismissal because she sufficiently alleged a conspiracy and the Rooker-Feldman doctrine and domestic relations exception did not apply; however, judges were entitled to absolute immunity.
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| United States v. Ellis, No. 05-3676,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2006, Decided
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Overview: Where a church bishop abused his position with the church by taking money from the collection plate, and at the same time pursued a scheme to cheat on his taxes, the district court's decision to apply sentencing enhancements for abuse of trust and the amount of money taken was not erroneous; the resulting 18-month sentence was reasonable.
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| United States v. Heintzelman, No. 04-1344,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2006, Decided
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Overview: Defendant's sentence was affirmed after district court stated on Paladino remand that it would have imposed same sentence under advisory sentencing guidelines regime because defendant failed to rebut presumptively reasonable guideline sentence and district court gave relevant 18 U.S.C.S. § 3553(a) factors meaningful consideration.
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| Wallace v. City of Chicago, No. 04-3949,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2006, Decided
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Overview: Where an arrestee in an action under 42 U.S.C.S. § 1983 claimed false arrest in violation of the Fourth Amendment after he was incarcerated for eight years until his conviction was nullified, the claim was properly held to be time-barred under 735 Ill. Comp. Stat. 5/13-202 because an unlawful arrest claim under § 1983 accrued on the day of arrest.
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| Diallo v. Gonzales, No. 05-1123,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2006, Decided
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Overview: Order denying an alien's application for asylum and other relief was vacated because the immigration judge did not make an adverse credibility finding and did not adequately explain his reasons for requiring corroborating evidence of the alien's claimed imprisonment and persecution for his political opinion.
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| Ren v. Gonzales, No. 05-3512,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2006, Decided
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Overview: Court granted Justice Department's motion to remand case to Board of Immigration Appeals for further consideration of alien's application for asylum and other relief in light of current country conditions in China because it was proper to remand to Board in lieu of determining merits of challenge to it and request was not confession of error.
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| Schreiber v. Buncich, No. 05-3243,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2006, Decided
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Overview: County and current and former sheriff were entitled to judgment on plaintiff's Uniform Criminal Extradition Act claims because plaintiff had waived extradition as condition of his Wisconsin probation, which was why Wisconsin governor never sent signed warrant of arrest as required by Ind. Code § 35-33-10-3(4), (5), so Act was never implicated.
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| Singh v. Town of Mt. Pleasant, No. 05-2131,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 9, 2006, Decided
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Overview: Town and officials were properly awarded summary judgment on a former employee's discrimination and equal protection claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.S. §§ 1981 and 1983 where, inter alia, the employee did not establish a hostile working environment or show that she was meeting the town's legitimate expectations.
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