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| Alexander v. Mount Sinai Hosp. Med. Ctr., No. 05-1823,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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Overview: District court possessed subject matter jurisdiction over a medical malpractice case because the federal government certified that one of the doctors was a federal employee under the Public Health Service Act and, under 42 U.S.C.S. § 233, neither party could later challenge the certification even if it turned out to be incorrect.
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| In re Belk, No. 07-1513,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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| Jackson v. Everett, No. 06-2809,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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Overview: Because a detainee who challenged the application of a policy against witnesses at disciplinary hearings to his own hearing, and he could not show that the policy operated to bar any relevant witnesses from testifying at his hearing, he failed to demonstrate a deprivation of due process and was not entitled to damages under 42 U.S.C.S. § 1983.
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| Miller v. Martin, No. 05-3978,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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| United States v. Van Waeyenberghe, No. 05-3370,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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| Young v. United States, No. 06-2591,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided
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Overview: Although a prisoner's Fed. R. Crim. P. 41 motion seeking return of forfeited assets was properly denied, the district court should have denied it on jurisdictional grounds; the district court lacked subject matter jurisdiction because the prisoner's motion was an improper attempt to challenge the forfeiture component of his criminal sentence.
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| Young v. United States, No. 06-2591,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 24, 2007, Decided; June 14, 2007, ** Published** This decision was originally released as an unpublished order. Upon the government's motion, we now issue it as a published opinion.
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Overview: Although a district court properly denied a Fed. R. Crim. P. 41 motion, the denial should have been based on fact that it lacked subject matter jurisdiction over motion. Motion constituted improper attempt by appellant to challenge the forfeiture component of his sentence. To be forfeited, assets did not have to be listed in judgment of conviction.
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