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Thursday, April 01, 2004
Indiana Decisions - Today's 7th Circuit Rulings
In FLOYD, MICHAEL v. HANKS, CRAIG (SD Ind, Judge Sarah Evan Barker), where Floyd was sentenced to 110 years and appealed "on the basis of ineffective assistance of counsel and a violation of his due process rights," the panel, headed by Judge Bauer, affirms. HYMAN, CHERYL L. v. TATE, DICK is a Fair Debt Collection Practices Act case from the ND Ill, ED; the panel (Manion, CJ) rules: "Following a bench trial, the district court found that even if the defendants had violated the terms of the FDCPA, they were protected from liability by the bona fide error defense. Hyman appeals. We affirm." In a decision written by Judge Posner, THOMSON, BRIAN v. WASHINGTON, ODIE, the panel reverses and remands the lower court ruling (SD Ill.) dismissing the Illinois state prisoner's pro se civil rights suit on the grounds that it failed to state a claim, concluding:
The complaint in this case, though artless (the plaintiff is not a lawyer and did not have the assistance of one in drafting the complaint), provides adequate notice of legal claims that, if factually supported, would entitle him to relief under 42 U.S.C. § 1983. It was therefore error to dismiss the complaint.
Posted by Marcia Oddi on April 1, 2004 01:43 PM
Posted to Indiana Decisions