Seventh Circuit

Bruce v. Guernsey, 2015 WL 309497 (7th Cir.). Sheriff’s deputy ordered minor into police car over her protests and those of her father based solely on imprecise and potentially unreliable tip from ex-boyfriend that she was possibly suicidal, even though she was behaving in calm and rational manner. He also signed petition for involuntary judicial admission that included material falsehoods. Actions were sufficient to state plausible claim against deputy for violation of minor’s Fourth Amendment rights.

Carter v. Thompson, 690 F.3d 837 (7th Cir. 2012). JUVENILE JUSTICE, CONFESSIONS
Trial court properly found youth’s confession to murder was voluntary where, despite being kept in police station for 55 hours and not having a supportive adult present, she was not interrogated for all of that time, her initial confession was not given in response to police questioning, and she was only kept at the station for that length of time since she had nowhere to go. Full Summary

D.B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). There was no constitutional equal protection violation where six year old was prosecuted after ‘playing doctor’ with two five year olds, though the five year olds admitted to engaging in the same behavior. While prosecution may have been motivated by political connections of five year olds’ parents, a rational basis existed for the different treatment as the single adult witness only observed the six year old’s actions. 

Hernandez v. Foster, 657 F.3d 463 (7th Cir. 2011). Defendant caseworker and supervisors were properly found to have qualified immunity for the alleged unlawful seizure of a child where the child was moved under a safety plan to a relative’s home because they could reasonably conclude that protective actions were warranted given the seemingly conflicting statements of the parents. Though the agency later observed that the child could walk and climb, supporting parents’ contention that he fell out of his crib, the fact that the parents initially stated that he could not walk was sufficient to establish probable cause.

Siliven v. Dep’t of Child Servs., 635 F.3d 921 (7th Cir. 2011). LIABILITY, CHILD WELFARE AGENCIES
District court correctly found there was no Fourth Amendment violation in seizure of child after bruises were discovered on child’s arm and he had been in the care of his father who had prior finding of physical abuse; given that there were doubts about the identity of the abuser at the time of removal, fact that agency placed child with mother, rather than in foster care, showed agency’s intrusion on the right to familial integrity was no greater than was necessary to protect the child from harm.


U.S. v. Chapman, 694 F.3d 908 (7th Cir. 2012). CHILD ABUSE, SENTENCING
Sentence of 40 years was not unreasonable for defendant convicted of child pornography where he lured teens to his home and secretly filmed them engaged in sexual acts. Despite his claims on appeal the court failed to consider his own sexual abuse as a child and substance abuse as mitigating factors, these claims were merely argued by defendant at trial and he did little to prove how they lowered his risk of recidivism.


United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.


Zamecnik v. Indian Prairie Sch. Dist., 636 F.3d 874 (7th Cir. 2011). SCHOOLS, FREE SPEECH
In suit by students who wore clothing with slogan “Be Happy, Not Gay” and claimed that school’s actions in defacing child’s shirt to cover up phrase violated antidiscrimination policy, school presented insufficient evidence that phrase constituted fighting words or would lead to substantial disruption of the student body to overcome First Amendment free speech rights and award of $25 in damages to plaintiffs was reasonable. 

United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.

United States v. Roux, 715 F.3d 1019 (7th Cir. 2013). CHILD ABUSE, WITNESS TESTIMONY
District court properly admitted testimony of younger siblings about their own abuse in trial where defendant was alleged to have induced older sister into making child pornography. Though Rule 404 normally prohibits introducing evidence of uncharged offenses to show a propensity to commit the charged offense, the testimony was relevant to rebut defendant’s claim that he was not a sexual perpetrator and to show the identity of the man in the photographs.

United States v. Wearing, 2017 WL 3167338 (7th Cir.). SEX TRAFFICKING, AGE OF VICTIM
Defendant appealed conviction for sex trafficking of children in or affecting interstate or foreign commerce. Court of Appeals ruled prosecution was not required to prove minor victim actually engaged in commercial sex act. Defendant stipulated that integral part of his scheme to prostitute minor – taking photographs of minor in her underwear and posting pictures on classified advertising website – affected interstate commerce.

Bruce v. Guernsey, 2015 WL 309497 (7th Cir.). Sheriff’s deputy ordered minor into police car over her protests and those of her father based solely on imprecise and potentially unreliable tip from ex-boyfriend that she was possibly suicidal, even though she was behaving in calm and rational manner. He also signed petition for involuntary judicial admission that included material falsehoods. Actions were sufficient to state plausible claim against deputy for violation of minor’s Fourth Amendment rights.

 

Carter v. Thompson, 690 F.3d 837 (7th Cir. 2012). JUVENILE JUSTICE, CONFESSIONS
Trial court properly found youth’s confession to murder was voluntary where, despite being kept in police station for 55 hours and not having a supportive adult present, she was not interrogated for all of that time, her initial confession was not given in response to police questioning, and she was only kept at the station for that length of time since she had nowhere to go. Full Summary

D.B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). There was no constitutional equal protection violation where six year old was prosecuted after ‘playing doctor’ with two five year olds, though the five year olds admitted to engaging in the same behavior. While prosecution may have been motivated by political connections of five year olds’ parents, a rational basis existed for the different treatment as the single adult witness only observed the six year old’s actions. 

 

Hernandez v. Foster657 F.3d 463 (7th Cir. 2011). Defendant caseworker and supervisors were properly found to have qualified immunity for the alleged unlawful seizure of a child where the child was moved under a safety plan to a relative’s home because they could reasonably conclude that protective actions were warranted given the seemingly conflicting statements of the parents. Though the agency later observed that the child could walk and climb, supporting parents’ contention that he fell out of his crib, the fact that the parents initially stated that he could not walk was sufficient to establish probable cause.

Siliven v. Dep’t of Child Servs., 635 F.3d 921 (7th Cir. 2011). LIABILITY, CHILD WELFARE AGENCIES
District court correctly found there was no Fourth Amendment violation in seizure of child after bruises were discovered on child’s arm and he had been in the care of his father who had prior finding of physical abuse; given that there were doubts about the identity of the abuser at the time of removal, fact that agency placed child with mother, rather than in foster care, showed agency’s intrusion on the right to familial integrity was no greater than was necessary to protect the child from harm.


U.S. v. Chapman, 694 F.3d 908 (7th Cir. 2012). CHILD ABUSE, SENTENCING
Sentence of 40 years was not unreasonable for defendant convicted of child pornography where he lured teens to his home and secretly filmed them engaged in sexual acts. Despite his claims on appeal the court failed to consider his own sexual abuse as a child and substance abuse as mitigating factors, these claims were merely argued by defendant at trial and he did little to prove how they lowered his risk of recidivism.


United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.


Zamecnik v. Indian Prairie Sch. Dist.,
 636 F.3d 874 (7th Cir. 2011). SCHOOLS, FREE SPEECH
In suit by students who wore clothing with slogan “Be Happy, Not Gay” and claimed that school’s actions in defacing child’s shirt to cover up phrase violated antidiscrimination policy, school presented insufficient evidence that phrase constituted fighting words or would lead to substantial disruption of the student body to overcome First Amendment free speech rights and award of $25 in damages to plaintiffs was reasonable. 

United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.

 

United States v. Roux, 715 F.3d 1019 (7th Cir. 2013). CHILD ABUSE, WITNESS TESTIMONY
District court properly admitted testimony of younger siblings about their own abuse in trial where defendant was alleged to have induced older sister into making child pornography. Though Rule 404 normally prohibits introducing evidence of uncharged offenses to show a propensity to commit the charged offense, the testimony was relevant to rebut defendant’s claim that he was not a sexual perpetrator and to show the identity of the man in the photographs.

United States v. Wearing, 2017 WL 3167338 (7th Cir.). SEX TRAFFICKING, AGE OF VICTIM
Defendant appealed conviction for sex trafficking of children in or affecting interstate or foreign commerce. Court of Appeals ruled prosecution was not required to prove minor victim actually engaged in commercial sex act. Defendant stipulated that integral part of his scheme to prostitute minor – taking photographs of minor in her underwear and posting pictures on classified advertising website – affected interstate commerce.

Bruce v. Guernsey, 2015 WL 309497 (7th Cir.). Sheriff’s deputy ordered minor into police car over her protests and those of her father based solely on imprecise and potentially unreliable tip from ex-boyfriend that she was possibly suicidal, even though she was behaving in calm and rational manner. He also signed petition for involuntary judicial admission that included material falsehoods. Actions were sufficient to state plausible claim against deputy for violation of minor’s Fourth Amendment rights.

 

Carter v. Thompson, 690 F.3d 837 (7th Cir. 2012). JUVENILE JUSTICE, CONFESSIONS
Trial court properly found youth’s confession to murder was voluntary where, despite being kept in police station for 55 hours and not having a supportive adult present, she was not interrogated for all of that time, her initial confession was not given in response to police questioning, and she was only kept at the station for that length of time since she had nowhere to go. Full Summary

D.B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). There was no constitutional equal protection violation where six year old was prosecuted after ‘playing doctor’ with two five year olds, though the five year olds admitted to engaging in the same behavior. While prosecution may have been motivated by political connections of five year olds’ parents, a rational basis existed for the different treatment as the single adult witness only observed the six year old’s actions. 

 

Hernandez v. Foster657 F.3d 463 (7th Cir. 2011). Defendant caseworker and supervisors were properly found to have qualified immunity for the alleged unlawful seizure of a child where the child was moved under a safety plan to a relative’s home because they could reasonably conclude that protective actions were warranted given the seemingly conflicting statements of the parents. Though the agency later observed that the child could walk and climb, supporting parents’ contention that he fell out of his crib, the fact that the parents initially stated that he could not walk was sufficient to establish probable cause.

Siliven v. Dep’t of Child Servs., 635 F.3d 921 (7th Cir. 2011). LIABILITY, CHILD WELFARE AGENCIES
District court correctly found there was no Fourth Amendment violation in seizure of child after bruises were discovered on child’s arm and he had been in the care of his father who had prior finding of physical abuse; given that there were doubts about the identity of the abuser at the time of removal, fact that agency placed child with mother, rather than in foster care, showed agency’s intrusion on the right to familial integrity was no greater than was necessary to protect the child from harm.


U.S. v. Chapman, 694 F.3d 908 (7th Cir. 2012). CHILD ABUSE, SENTENCING
Sentence of 40 years was not unreasonable for defendant convicted of child pornography where he lured teens to his home and secretly filmed them engaged in sexual acts. Despite his claims on appeal the court failed to consider his own sexual abuse as a child and substance abuse as mitigating factors, these claims were merely argued by defendant at trial and he did little to prove how they lowered his risk of recidivism.


United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.


Zamecnik v. Indian Prairie Sch. Dist.,
 636 F.3d 874 (7th Cir. 2011). SCHOOLS, FREE SPEECH
In suit by students who wore clothing with slogan “Be Happy, Not Gay” and claimed that school’s actions in defacing child’s shirt to cover up phrase violated antidiscrimination policy, school presented insufficient evidence that phrase constituted fighting words or would lead to substantial disruption of the student body to overcome First Amendment free speech rights and award of $25 in damages to plaintiffs was reasonable. 

United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.

 

United States v. Roux, 715 F.3d 1019 (7th Cir. 2013). CHILD ABUSE, WITNESS TESTIMONY
District court properly admitted testimony of younger siblings about their own abuse in trial where defendant was alleged to have induced older sister into making child pornography. Though Rule 404 normally prohibits introducing evidence of uncharged offenses to show a propensity to commit the charged offense, the testimony was relevant to rebut defendant’s claim that he was not a sexual perpetrator and to show the identity of the man in the photographs.

United States v. Wearing, 2017 WL 3167338 (7th Cir.). SEX TRAFFICKING, AGE OF VICTIM
Defendant appealed conviction for sex trafficking of children in or affecting interstate or foreign commerce. Court of Appeals ruled prosecution was not required to prove minor victim actually engaged in commercial sex act. Defendant stipulated that integral part of his scheme to prostitute minor – taking photographs of minor in her underwear and posting pictures on classified advertising website – affected interstate commerce.

Bruce v. Guernsey, 2015 WL 309497 (7th Cir.). Sheriff’s deputy ordered minor into police car over her protests and those of her father based solely on imprecise and potentially unreliable tip from ex-boyfriend that she was possibly suicidal, even though she was behaving in calm and rational manner. He also signed petition for involuntary judicial admission that included material falsehoods. Actions were sufficient to state plausible claim against deputy for violation of minor’s Fourth Amendment rights.

 

Carter v. Thompson, 690 F.3d 837 (7th Cir. 2012). JUVENILE JUSTICE, CONFESSIONS
Trial court properly found youth’s confession to murder was voluntary where, despite being kept in police station for 55 hours and not having a supportive adult present, she was not interrogated for all of that time, her initial confession was not given in response to police questioning, and she was only kept at the station for that length of time since she had nowhere to go. Full Summary

D.B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). There was no constitutional equal protection violation where six year old was prosecuted after ‘playing doctor’ with two five year olds, though the five year olds admitted to engaging in the same behavior. While prosecution may have been motivated by political connections of five year olds’ parents, a rational basis existed for the different treatment as the single adult witness only observed the six year old’s actions. 

 

Hernandez v. Foster657 F.3d 463 (7th Cir. 2011). Defendant caseworker and supervisors were properly found to have qualified immunity for the alleged unlawful seizure of a child where the child was moved under a safety plan to a relative’s home because they could reasonably conclude that protective actions were warranted given the seemingly conflicting statements of the parents. Though the agency later observed that the child could walk and climb, supporting parents’ contention that he fell out of his crib, the fact that the parents initially stated that he could not walk was sufficient to establish probable cause.

Siliven v. Dep’t of Child Servs., 635 F.3d 921 (7th Cir. 2011). LIABILITY, CHILD WELFARE AGENCIES
District court correctly found there was no Fourth Amendment violation in seizure of child after bruises were discovered on child’s arm and he had been in the care of his father who had prior finding of physical abuse; given that there were doubts about the identity of the abuser at the time of removal, fact that agency placed child with mother, rather than in foster care, showed agency’s intrusion on the right to familial integrity was no greater than was necessary to protect the child from harm.


U.S. v. Chapman, 694 F.3d 908 (7th Cir. 2012). CHILD ABUSE, SENTENCING
Sentence of 40 years was not unreasonable for defendant convicted of child pornography where he lured teens to his home and secretly filmed them engaged in sexual acts. Despite his claims on appeal the court failed to consider his own sexual abuse as a child and substance abuse as mitigating factors, these claims were merely argued by defendant at trial and he did little to prove how they lowered his risk of recidivism.


United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.


Zamecnik v. Indian Prairie Sch. Dist.,
 636 F.3d 874 (7th Cir. 2011). SCHOOLS, FREE SPEECH
In suit by students who wore clothing with slogan “Be Happy, Not Gay” and claimed that school’s actions in defacing child’s shirt to cover up phrase violated antidiscrimination policy, school presented insufficient evidence that phrase constituted fighting words or would lead to substantial disruption of the student body to overcome First Amendment free speech rights and award of $25 in damages to plaintiffs was reasonable. 

United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.

 

United States v. Roux, 715 F.3d 1019 (7th Cir. 2013). CHILD ABUSE, WITNESS TESTIMONY
District court properly admitted testimony of younger siblings about their own abuse in trial where defendant was alleged to have induced older sister into making child pornography. Though Rule 404 normally prohibits introducing evidence of uncharged offenses to show a propensity to commit the charged offense, the testimony was relevant to rebut defendant’s claim that he was not a sexual perpetrator and to show the identity of the man in the photographs.

United States v. Wearing, 2017 WL 3167338 (7th Cir.). SEX TRAFFICKING, AGE OF VICTIM
Defendant appealed conviction for sex trafficking of children in or affecting interstate or foreign commerce. Court of Appeals ruled prosecution was not required to prove minor victim actually engaged in commercial sex act. Defendant stipulated that integral part of his scheme to prostitute minor – taking photographs of minor in her underwear and posting pictures on classified advertising website – affected interstate commerce.

Bruce v. Guernsey, 2015 WL 309497 (7th Cir.). Sheriff’s deputy ordered minor into police car over her protests and those of her father based solely on imprecise and potentially unreliable tip from ex-boyfriend that she was possibly suicidal, even though she was behaving in calm and rational manner. He also signed petition for involuntary judicial admission that included material falsehoods. Actions were sufficient to state plausible claim against deputy for violation of minor’s Fourth Amendment rights.

 

Carter v. Thompson, 690 F.3d 837 (7th Cir. 2012). JUVENILE JUSTICE, CONFESSIONS
Trial court properly found youth’s confession to murder was voluntary where, despite being kept in police station for 55 hours and not having a supportive adult present, she was not interrogated for all of that time, her initial confession was not given in response to police questioning, and she was only kept at the station for that length of time since she had nowhere to go. Full Summary

D.B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). There was no constitutional equal protection violation where six year old was prosecuted after ‘playing doctor’ with two five year olds, though the five year olds admitted to engaging in the same behavior. While prosecution may have been motivated by political connections of five year olds’ parents, a rational basis existed for the different treatment as the single adult witness only observed the six year old’s actions. 

 

Hernandez v. Foster657 F.3d 463 (7th Cir. 2011). Defendant caseworker and supervisors were properly found to have qualified immunity for the alleged unlawful seizure of a child where the child was moved under a safety plan to a relative’s home because they could reasonably conclude that protective actions were warranted given the seemingly conflicting statements of the parents. Though the agency later observed that the child could walk and climb, supporting parents’ contention that he fell out of his crib, the fact that the parents initially stated that he could not walk was sufficient to establish probable cause.

Siliven v. Dep’t of Child Servs., 635 F.3d 921 (7th Cir. 2011). LIABILITY, CHILD WELFARE AGENCIES
District court correctly found there was no Fourth Amendment violation in seizure of child after bruises were discovered on child’s arm and he had been in the care of his father who had prior finding of physical abuse; given that there were doubts about the identity of the abuser at the time of removal, fact that agency placed child with mother, rather than in foster care, showed agency’s intrusion on the right to familial integrity was no greater than was necessary to protect the child from harm.


U.S. v. Chapman, 694 F.3d 908 (7th Cir. 2012). CHILD ABUSE, SENTENCING
Sentence of 40 years was not unreasonable for defendant convicted of child pornography where he lured teens to his home and secretly filmed them engaged in sexual acts. Despite his claims on appeal the court failed to consider his own sexual abuse as a child and substance abuse as mitigating factors, these claims were merely argued by defendant at trial and he did little to prove how they lowered his risk of recidivism.


United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.


Zamecnik v. Indian Prairie Sch. Dist.,
 636 F.3d 874 (7th Cir. 2011). SCHOOLS, FREE SPEECH
In suit by students who wore clothing with slogan “Be Happy, Not Gay” and claimed that school’s actions in defacing child’s shirt to cover up phrase violated antidiscrimination policy, school presented insufficient evidence that phrase constituted fighting words or would lead to substantial disruption of the student body to overcome First Amendment free speech rights and award of $25 in damages to plaintiffs was reasonable. 

United States v. McMillian, 2015 WL 329467 (7th Cir.). In case of sex trafficking of children by force, fraud, or coercion, some of defendant’s offenses occurred before effective date of new sentencing guidelines. His four offenses involving different victims, including one who was not a minor, could not be grouped to avoid bar against ex post facto application of new guidelines. Convictions were affirmed but case was remanded for resentencing.

 

United States v. Roux, 715 F.3d 1019 (7th Cir. 2013). CHILD ABUSE, WITNESS TESTIMONY
District court properly admitted testimony of younger siblings about their own abuse in trial where defendant was alleged to have induced older sister into making child pornography. Though Rule 404 normally prohibits introducing evidence of uncharged offenses to show a propensity to commit the charged offense, the testimony was relevant to rebut defendant’s claim that he was not a sexual perpetrator and to show the identity of the man in the photographs.

United States v. Wearing, 2017 WL 3167338 (7th Cir.). SEX TRAFFICKING, AGE OF VICTIM
Defendant appealed conviction for sex trafficking of children in or affecting interstate or foreign commerce. Court of Appeals ruled prosecution was not required to prove minor victim actually engaged in commercial sex act. Defendant stipulated that integral part of his scheme to prostitute minor – taking photographs of minor in her underwear and posting pictures on classified advertising website – affected interstate commerce.