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| Evans v. Katalinic, No. 06-1253,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: Officers' summary judgment motion based on qualified immunity was properly denied because they did not argue that Constitution allowed them to coerce witness's testimony and withhold evidence of its falsity, or that law on issue was unsettled when plaintiff was convicted, and collateral estoppel did not prevent plaintiff from raising issue.
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| Hull v. Stoughton Trailers, LLC, No. 05-2205,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: Employer was properly granted summary judgment on employee's claim that employer impermissibly fired him because he requested FMLA, 29 U.S.C.S. § 2601 et seq., leave because employee could not meet his prima facie requirement of showing that similarly-situated employees who did not take FMLA leave were treated more favorably than he.
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| Lor v. Jenkins, No. 05-3582,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: District court properly denied petitioner's § 2254 petition because state appellate court reasonably applied federal law in denying petitioner's claim that his confrontation rights were violated when trial court admitted witness's preliminary-hearing testimony; while state court did not cite federal decisions, its analysis tracked relevant inquiry.
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| Marshall v. Knight, No. 04-1062,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: District court abused its discretion in denying inmate's petition seeking to amend his pro se § 1983 complaint. Inmate could amend complaint as a matter of right under Fed. R. Civ. P. 15(a). District court also erred in dismissing complaint under 28 U.S.C.S. § 1915A(b)(1) because inmate had sufficiently alleged denial of access to the courts claim.
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| Patel v. Gonzales, No. 05-3705,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: Alien was removable under 8 U.S.C.S. § 1101(a)(43)(A) for committing sexual abuse of minor because order of sentence and commitment showing predatory sexual assault of child conviction under 720 Ill. Comp. Stat. 5/12-14.1(a)(1) was sufficient under 8 U.S.C.S. § 1229a(c)(3)(B)(i) to prove conviction, which qualified as sexual abuse of a minor.
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| Pratt v. NiSource, Inc., No. 05-2544,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006*, Submitted* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., April 26, 2006, Decided
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Overview: Employer was properly granted summary judgment in employee's 42 U.S.C.S. § 1981 discrimination action because statute of limitations barred his claim of discrimination in 1998 and employee did not suffer adverse employment action by delay in title change and denial of pay raise because move was lateral, not a promotion.
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| Seddon v. Maytag Corp., No. 05-3861,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: District court properly granted summary judgment to employer on employee's claim that employer violated Illinois law by constructively discharging him for filing a workers' compensation claim because the Illinois appellate courts had never recognized a retaliation action based on constructive discharge.
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| Sims v. GC Servs. L.P., No. 05-1740,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: In granting summary judgment to defendant collection companies, the district court properly concluded as a matter of law that a dunning letter on its face did not violate the FDCPA and that the letter's demands did not contradict or verbally overshadow the statutory notice required under the FDCPA.
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| United States v. Barevich, No. 05-2879,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2006, Decided
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Overview: District court did not clearly err in applying USSG § 2G2.2(b)(3) to increase defendant's sentence because defendant's possession of sadomasochistic child pornography was properly included as uncharged but relevant conduct for charged offense of transporting child pornography and he conceded that such possession was relevant conduct.
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