| Docket: 13-1615 | Opinion Date: February 19, 2014 |
| Judge: Manion |
| Areas of Law: Constitutional Law, Public Benefits |
Before 1992, Chicago police officers received pension credit for time worked for the Cook County Sheriff’s Department. In 1992, the Retirement Board began denying pension credit to retiring officers for prior service with the Sheriff’s Department. In 2008, the Illinois Appellate Court ruled that this practice was improper under the Illinois Pension Code. Officers who had been denied pension credit sought reconsideration. The Board concluded that it lacked jurisdiction to reconsider the final rulings after the statutory 35‐day limit. The officers did not seek review in state court, but filed a federal suit on behalf of themselves and other similarly situated officers, alleging violations of procedural due process and equal protection rights under the U.S. and state constitutions. The district court dismissed. The Seventh Circuit affirmed, reasoning that the officers’ complaint is, essentially, that Illinois law provides no procedure for making the appellate decision retroactive Their sole remedy lies with the political branches of Illinois government.
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| Docket: 13-2187 | Opinion Date: February 19, 2014 |
| Judge: Williams |
| Areas of Law: Civil Rights, Constitutional Law, Criminal Law |
Carter, a police officer for 13 years, was with other officers outside a residence while a Tactical Enforcement Unit went inside to check for threats to the officers who would perform a search. Carter was taking Colonix, a nonprescription supplement to clean his colon, in an effort to lose weight. Carter went to his car after the tactical unit gave the all clear and drank Colonix, knowing that it made him need to frequently use the restroom. During the search, the resident complained that cash was missing. A supervisor ordered the officers to “freeze everything” until the Professional Performance Division arrived. Officers were not to leave. About 30-45 minutes later, Sergeant Eccher arrived. Feeling the Colonix and sweating profusely, Carter told Eccher that he needed to use the bathroom and did not want to use the residence bathroom because of its filthy condition. Eccher put his palm straight out, and said, “You can’t leave until I search you.” Eccher patted Carter down; he did not pat down Carter’s genital area and did not take Carter’s badge or police identification. Officer, Lopez, also needing to leave, was searched, but was allowed to keep his boots on. The searches were in plain view of the residents. The officers left. After PPD arrived, another officer was allowed to leave without being searched. The district court rejected a suit by Carter and Lopez under 42 U.S.C. 1983, alleging illegal search and seizure. The Seventh Circuit affirmed. No reasonable officer in Carter’s position would have feared arrest or detention if he did not comply with the search request.
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| Docket: 13-1790 | Opinion Date: February 19, 2014 |
| Judge: Syjes |
| Areas of Law: Education Law, Health Law |
Charlie has Type 1 diabetes, managed with an insulin pump, a personal diabetes manager, and a continuous glucose monitor. Before Charlie entered kindergarten, his parents worked with the school district to develop a “504 plan” to enable him to attend public school. Charlie’s plan incorporated doctor’s orders for how insulin doses and snacks would be administered at school; required his school to train three “Diabetes Personnel;” and that all staff members who would interact with Charlie be given general training about diabetes. The school hired a licensed nurse, to perform Charlie’s care and held one general training session and one session specific to Charlie’s equipment, attended by almost all staff who would interact with Charlie. In Charlie’s second year, the parents complained to the Department of Education that the school was violating the 504 plan by failing to have three Trained Diabetes Personnel and refusing to allow the nurse to adjust insulin doses on a case-by-case basis. A mediated agreement required the school to conduct training for three nurses and generally required the school to follow the 504 plan. The parents continued to be dissatisfied and moved Charlie to a private school with no medically trained staff and no formal plan for his diabetes care. The district court rejected their suit under the Rehabilitation Act, 29 U.S.C. 794, and the Americans with Disabilities Act, 42 U.S.C. 12132. The Seventh Circuit affirmed, finding neither intentional discrimination nor failure to reasonably accommodate Charlie’s diabetes.
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| Docket: 12-1992 | Opinion Date: February 19, 2014 |
| Judge: Sykes |
| Areas of Law: Communications Law, Constitutional Law, Entertainment & Sports Law |
When basketball legend Michael Jordan was inducted into the Naismith Memorial Basketball Hall of Fame in 2009, Sports Illustrated produced a special commemorative issue devoted exclusively to Jordan’s remarkable career. Jewel Foods was offered free advertising space in the issue for agreeing to stock the magazine in its 175 stores. Jewel submitted a full-page ad congratulating Jordan, which ran on the inside back cover of the commemorative issue. To Jordan the ad constituted a misappropriation of his identity for the supermarket chain’s commercial benefit. He sought $5 million in damages, alleging violations of the federal Lanham Act, the Illinois Right of Publicity Act, the Illinois deceptive-practices statute, and the common law of unfair competition. The district court accepted Jewel’s First Amendment defense, that its ad was “noncommercial” speech with full First Amendment protection. The Seventh Circuit reversed and remanded. Jewel’s ad prominently featured the “Jewel-Osco” logo and marketing slogan, which were creatively and conspicuously linked to Jordan in the text of the ad’s congratulatory message. The ad was a form of image advertising aimed at promoting the Jewel-Osco brand; it was commercial speech and subject to the laws cited by Jordan.
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