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Wednesday, December 28, 2005

Ind. Decisions - 7th Circuit posts five today

The 7th Circuit has posted two opinions today (12/28/05), neither relating to Indiana. USA v. Lister is a sentencing appeal, affirmed. Hernande-Alvarez v. Gonzales is an immigration appeal, involving expulsion of an alien convicted of an “aggravated felony.” Affirmed.

The 7th Circuit has also posted three opinions dated yesterday (12/27/05). In Joseph, Michael v Bd Regents Univ Wisconsin Judge Flaum writes:

Plaintiff Michael Joseph attended college at the University of Wisconsin (“University”). He has completed his studies, but still owes the University over $18,000 in tuition. He alleges that the University violated his constitutional rights by charging him out-of-state tuition while he was a student. He also claims that the tuition reciprocity agreement between Wisconsin state colleges and Minnesota state colleges is unconstitutional.

The defendant, the Board of Regents of the University of Wisconsin System, claims that the suit is barred by the Eleventh Amendment, or, in the alternative, that it is without merit. The defendant has also moved to sanction the plaintiff’s attorney for filing a frivolous appeal. The district court ruled that Joseph’s suit was barred by the Eleventh Amendment. For the following reasons, we now affirm the district court’s judgment and deny the defendant’s request for sanctions.

In Sehie, Kari v. City of Aurora, Judge Williams writes:
Kari Sehie, a former emergency dispatcher for the City of Aurora (“Aurora”) [Illinois], sued her former employer for claims arising from the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 207, 216 (2005). The parties stipulated to the facts and the district court entered judgment in favor of Sehie. The issue before us is whether the time Sehie spent attending and traveling to and from counseling sessions that Aurora mandated are compensable under the FLSA. We agree with the district court that this time is compensable, and affirm.
USA v. Gougis, Coleman and Brown involves Illinois defendants who were current or former law enforcement officers and were targeted in a sting operation set up by the government with the help of a confidential informant. Affirmed.

Posted by Marcia Oddi on December 28, 2005 12:01 PM
Posted to Ind. (7th Cir.) Decisions