Category: Municipal Law News
Tue Oct 8, 2024 ‐ Municipal Law News
Appellate Court Upholds Pension Board’s Determination that Applicant Who Unreasonably Refused to Undergo Treatment was Disqualified from Disability Pension
On October 3, 2024, Klein, Thorpe, & Jenkins secured a favorable ruling from the Third District Appellate Court of Illinois for the Board of Trustees of the Village of Clarendon Hills Police Pension Board’s (“Board”), affirming its denial of Plaintiff, […]Mon Oct 7, 2024 ‐ Municipal Law News
Arguable Probable Cause for Arrest in Student-Teacher Altercation
On August 28, the 7th Circuit Court of Appeals found that arguable probable cause for battery was established where a teacher bear hugged and brought a student to the ground. In Schimandle v. DeKalb County Sheriff’s Office, No. 23-2151 (7th […]Wed Aug 14, 2024 ‐ Municipal Law News
When Courts Can Consider Video Evidence at the Motion to Dismiss Stage: Two Different Approaches and a Future That May Allow an Additional Tool to Defeat Allegations Clearly Opposite of Video Evidence
Two recent cases from two different federal circuits have affirmed the ability of a district court to review video evidence at the motion to dismiss stage, but also illustrate the different limitations on that ability in the Seventh Circuit compared […]Mon Aug 5, 2024 ‐ Municipal Law News
Malicious Prosecution is Charge Specific; A Showing of Probable Cause on One Charge Does Not Categorically Defeat a Claim Related to Other Baseless Charges
Chiaverini v. City of Napoleon, Ohio, No. 23-50 (Decided June 20, 2024). Summary The Supreme Court held that the existence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious prosecution claim […]