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Tuesday, August 10, 2004

Indiana Decisions - Five Decisions Today from the 7th Circuit

Garwood Packaging v. Allen & Co Inc (SD Ind., Chief Judge McKinney)

Before POSNER, RIPPLE, and ROVNER, Circuit Judges.
POSNER, Circuit Judge. This is a diversity suit, governed by Indiana law, in which substantial damages are sought on the basis of promissory estoppel. * * * The district court granted summary judgment in favor of Allen and dismissed the suit. [The panel affirms the district court, with a fascinating discussion of the law of promissory estoppel.]
Haywood, David v. City of Chicago (ND Ill.)
Before POSNER, RIPPLE, and MANION, Circuit Judges.
POSNER, Circuit Judge. David Haywood brought suit for damages under 42 U.S.C. § 1983 against the City of Chicago and two of its police officers, charging false arrest and detention in violation of his federal constitutional rights. He appeals from the grant of the defendants’ motion for summary judgment * * *. [A]lthough we agree with the district court that the arrest itself was lawful, the grant of summary judgment with respect to the continued detention ordered by the judge at the Gerstein hearing was error, and so the case must be remanded and the plaintiff’s supplemental state-law claims, dismissed because the district court dismissed the plaintiff’s federal claims before trial, reinstated. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
IN Land Co v. City of Greenwood (SD Ind., Judge Barker)
Before POSNER, RIPPLE, and MANION, Circuit Judges.
POSNER, Circuit Judge. The plaintiff, a real estate developer, brought suit for damages against the City of Greenwood, Indiana, under 42 U.S.C. § 1983, charging violations of the due process and equal protection clauses of the Fourteenth Amendment. The district court granted summary judgment in favor of the City, and the developer has appealed. The facts, which concern events that occurred in 2000, are not in dispute. The plaintiff had signed a contract to buy 142 acres adjoining the City for development as a residential subdivision. For such development to be possible, the plaintiff had to get the City to annex the acreage and rezone it from agricultural to residential use. The contract was made conditional on the plaintiff’s obtaining these legal changes from the City. [The issue involved whether the law required that the City Council grant the plaintiff's application by a majority vote, or by a 2/3 vote.] Affirmed, Ripple concurring.
Comollari, Irgen v. Ashcroft, John (On Petition to Review an Order of the Board of Immigration Appeals)

USA v. Diamond, Arlene F. (CD Ill.)

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.
BAUER, Circuit Judge. Arlene F. Diamond was convicted of mail fraud, wire fraud, conspiracy to commit mail and wire fraud, conspiracy to conduct monetary transactions with the proceeds of illegal activities, and conducting monetary transactions with proceeds of illegal activities. She appeals; we reverse in part and affirm in part.

Posted by Marcia Oddi on August 10, 2004 12:21 PM
Posted to Indiana Decisions