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Wednesday, April 13, 2005

Ind. Decisions - 7th Circuit posts four today

Copeland, Jason v. County of Macon (CD Ill.) [10 pp.]

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.
WILLIAMS, Circuit Judge. While Jason Copeland (“Copeland”) was being held as a pre-trial detainee, he was severely beaten by other detainees at the behest of Darren Gregory (“Gregory”), a correctional officer at the Macon County Jail. Copeland then sued Gregory and received a $400,000 jury verdict against Gregory for his part in recruiting and encouraging other inmates in the jail to brutally attack and beat Copeland. Copeland then sued the County of Macon and the Office of the Sheriff of Macon County (the “County”) for indemnification. In granting Copeland’s motion for summary judgment, the district court found that Gregory was acting within the scope of his employment because the citizens of Macon County, as opposed to the Macon County Jail, were actually Gregory’s employer. We disagree and find that Gregory’s conduct in orchestrating the attack of a pre-trial detainee was not the type of conduct that he was authorized to perform nor was his conduct actuated by a purpose to serve his employer. We, therefore, reverse the decision of the district court.

Germano, John v. Winnebago County IL (ND Ill.) [7 pp]

Before CUDAHY, KANNE, and EVANS, Circuit Judges.
KANNE, Circuit Judge. John Germano, individually and as a class representative, brought suit against Winnebago County, Illinois, alleging deprivation of a property interest without due process of law. The plaintiffs argue that their due process rights were violated when the county required retired sheriff’s deputies to pay higher health care premiums than were required from currently employed deputies. The district court granted summary judgment in favor of Winnebago County. For the reasons set forth in this opinion, we affirm.

Hayes, Clarence v. Battaglia, Deirdre (ND Ill.) [9 pp.]

Before FLAUM, Chief Judge, and EASTERBROOK and WOOD, Circuit Judges.
EASTERBROOK, Circuit Judge. In this collateral attack under 28 U.S.C. §2254, Clarence Hayes, serving a life sentence for murder, contends that his lawyer during the state proceedings furnished ineffective assistance. He also contends that the state courts made several errors that justify relief. * * *

FLAUM, Chief Judge, concurring. I join in the Court’s opinion as to each of petitioner’s claims. While I agree that Hayes has not demonstrated that a “miscarriage of justice” will occur if the procedural default of his ineffective assistance of counsel claim is not excused, I comment separately to underscore what I understand to be the basis of this holding. * * *

Schrott, Lori v. Bristol-Myers Squibb (ND Ill.) [7 pp.]

Before EASTERBROOK, WOOD, and EVANS, Circuit Judges.
WOOD, Circuit Judge. When Lori Schrott’s bilateral breast augmentation surgery in 1987 failed to produce the positive results she expected, she was understandably upset. * * *

None of this is to say that Schrott has not suffered from the various medical problems she details, or that she was satisfied with the results of her 1987 and 1989 surgeries. It is only to say that she has no claim against these defendants. We therefore AFFIRM the judgment of the district court.

Posted by Marcia Oddi on April 13, 2005 12:24 PM
Posted to Ind. (7th Cir.) Decisions