Legal Victories
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United States Supreme Court Decisions
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Buckley v. Fitzsimmons 509 U.S. 259 (1993)
Landmark decision holding that prosecutors were not entitled to absolute immunity from suit for investigative activities in the Nacarico wrongful prosecution case.
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Soldal v. Cook County 506 U.S. 56 (1992)
Obtained a 9-0 decision reversing en banc and panel decisions of the Seventh Circuit Court of Appeals in a Fourth Amendment search case, holding that government participation in an illegal eviction can amount to a violation of tenants’ constitutional rights, and that the Fourth Amendment protects property as well as privacy.
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Cleavinger v. Saxner 474 U.S. 193 (1986)
Landmark decision that successfully upheld the jury verdict and established that members of prison disciplinary committees are only entitled to qualified, rather than absolute, immunity from lawsuits when depriving prisoners of their rights.
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Green v. Carlson 446 U.S. 14 (1980)
Landmark Bivens decision finding that federal prisoners had a right to sue under the Eighth Amendment for failure to provide adequate medical treatment.
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Hampton v. Hanrahan 446 U.S. 754 (1980)
Denial of certiorari, over several written dissents, permitting to stand the Seventh Circuit’s decision upholding claims of conspiracy to murder, maim, and cover-up brought by Black Panther plaintiffs against Chicago police, Cook County prosecutors and the FBI.
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Buckley v. Fitzsimmons 509 U.S. 259 (1993)
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Federal Circuit Court Decisions
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Doe v. City of Chicago 360 F.3d 667 (7th Cir. 2004) (2004)
Established that scope of employment questions should go to the jury, acknowledged that police officers can be “dangerous instrumentalities.”
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Bracy v. Schomig 286 F.3d 406 (7th Cir. 2002) (2002)
Successfully represented death row prisoner reversing death sentence based on corruption of the trial judge.
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Burgess v. Lowery 201 F.3d 942 (2000)
Successfully upheld the denial of qualified immunity to prison guards and recognized that reasonable suspicion was clearly established standard governing strip searches of prison visitors.
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Wiggins v. Martin 150 F 3d 671 (1998)
Successfully dismissed for lack of standing Fraternal Order of Police’s (FOP) appeal seeking to reverse an order releasing Chicago Police torture documents.
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Wilson v. City of Chicago 120 F.3d 681 (1997)
Successfully defended judgments and attorneys fees in the amount of approximately $1,000,000 obtained against the City and police commander Jon Burge for excessive force used against Andrew Wilson, a Chicago Police torture victim.
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Sledd v. Lindsay 102 F.3d 282 (1996)
Successfully reversed a summary judgment award for police defendants on the basis of qualified immunity, and the dismissal of a Monell claim in a police shooting case.
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Wilson v. City of Chicago 6 F.3d 1233 (1993)
Reversed the verdict for police defendants who tortured Andrew Wilson and established the right to call other torture victims at trial pursuant to Fed. R. Evid. 404(b) to show police officers’ motive, intent, plan knowledge, or absence of mistake or accident.
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Daniels v. Local 597 945 F.2d 906 and 983 F.2d 800 (1993)
Successfully defended jury verdict in favor of the Plaintiff and argued that District Court’s denial of post judgment relief should be affirmed in employment discrimination case.
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Abel v. Miller 904 F.2d 394 (1990)
Dismissed federal prison officials’ second qualified immunity appeal, for lack of jurisdiction, and limited the number of qualified immunity appeals available to defendants.
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Cleveland Perdue v. Brutsche 881 F.2d 427 (1989)
Established that federal prison officials were not entitled to absolute immunity for violating a prisoner’s Eighth Amendment right to medical care.
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Jones v. City of Chicago 856 F.2d 985 (1988)
Successfully defended an $801,000 damages verdict, plus attorneys’ fees, against the City of Chicago and numerous police defendants in false arrest and imprisonment, malicious prosecution case on behalf of plaintiff wrongfully arrested for a rape and murder he did not commit.
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Abel v. Miller 824 F.2d 1522 (1987)
Recognized a prisoners right to attorney access and a paralegal’s right to be free from retaliation for the exercise of her First Amendment right to speak out publicly about prison conditions and to litigate to change those conditions; rejected prison officials qualified immunity defense, and remanded for a new trial on retaliation claims.
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Smith v. Charles Rowe 761 F.2d 360 (1985)
Successfully defended $100,700 verdict for jailhouse lawyer wrongfully placed in segregation in retaliation for her legal work.
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Hoffman v. City of Chicago 723 F.2d 1263 (1984)
Successfully defended $60,000 verdict in strip search case.
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Abel v. Miller 681 F.2d 821 (1982)
Reversed order denying injunction, ordered Marion federal prison officials to lift bans on attorneys and paralegals’ access to their prisoner clients and found that there was an insufficient factual basis for having imposed bans.
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Hampton v. Hanrahan 600 F.2d 600 (1979)
Overturned verdict in favor of police, prosecutor and FBI defendants in notorious police raid of Black Panther Party headquarters resulting in the murders of Fred Hampton and Mark Clark, established several precedents with respect to 42 U.S.C.§ 1983 conspiracy claims, government misconduct, and governmental use of informant-provocateurs.
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Preston v. Thompson 589 F.2d 300 (1978)
Established that the conditions of an indefinite state prison deadlock violated the Constitutional rights of the prisoners.
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Adams v. Carlson 488 F.2d 619 (1973)
Prison decision which held that indefinite confinement of federal prisoners in segregation violated their Fifth and Eighth Amendment rights.
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Hampton v. Hanrahan 484 F.2d 602 (1972)
Established that prosecutors who planned the raid on Black Panther Party headquarters were not entitled to absolute immunity.
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Doe v. City of Chicago 360 F.3d 667 (7th Cir. 2004) (2004)
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Other Significant Decisions
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Patterson v. Burge 328 F. Supp. 2d 878 (N.D. Ill.) (2004)
Orange v. Burge, 2005 U.S. Dist. LEXIS 7234 (N.D. Ill.); Cannon v. Burge, 2006 U.S. Dist. LEXIS 4040 (N.D. Ill.) Defeated police and City efforts to avoid having to stand trial for torturing and wrongfully convicting plaintiffs who spent decades in prison for crimes they did not commit.
- Steidl v. City of Paris 2006 U.S. Dist. LEXIS 15114 (C.D. Ill.)
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Vodak v. City of Chicago 2006 U.S. Dist. LEXIS 30052 (N.D. Ill. 4/17/06) (2006)
Motion for class certification granted on behalf of 800 individuals falsely detained, arrested and charged at protest of U.S. war on Iraq on March 20, 2003. 2004 U.S. Dist. LEXIS 18070 (9/9/04) and 2004 U.S. Dist. LEXIS 8235 (5/10/04) successful motions granting the discovery of documents, including disciplinary files, personnel files and First Amendment investigative files from the Chicago Police Department.
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Walden v. City of Chicago 391 F. Supp. 2d 660 (N.D. Ill.) (2005)
Defeated motion to dismiss in denial of fair trial claim for plaintiff convicted of rape in 1952.
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People ex rel. Madigan v. Snyder 208 Ill. 2d 457 (2004)
Successfully defended Governor’s grant of commutation of death penalty to term of imprisonment, on behalf of William Bracy, Cortez Brown and Renaldo Hudson.
- Castillo v. Zuniga 2002 U.S. Dist. LEXIS 4261 (N.D. Ill.)
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Azania v. State of Indiana 775 N.E.2d (2002)
Reversed death penalty sentence on basis that jury pool system systematically excluded African American individuals from serving as jurors.
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Jones v. Markham 00 L 5608 (Circuit Court of Cook County) (2003)
Defeated police officers’ motion for summary judgment on plaintiff’s malicious prosecution and false imprisonment claims in wrongful conviction case.
- People v. Fields 85 C 7651 (Cook County)
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People v. Castillo 89 CR 2461 (2000)
Vacated murder conviction in state court and subsequently obtained pardon on the basis of innocence.
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People v. Patterson 192 Ill.2d 93 (2000)
Successfully defended Chicago police torture victim obtaining a hearing to present evidence that he was coerced into giving a false confession. In 2003, Patterson was pardoned on the basis of his innocence.
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United States ex rel. Collins v. Welborn 79 F. Supp. 2d 898 (N.D. Ill.) (1999)
Upon remand from the United States Supreme Court, Bracy v. Gramley, conducted discovery, prepared briefs and successfully vacated sentence in capital habeas proceeding.
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Adams v. Vanick 98 L 4778 (Circuit Court of Cook County) (1998)
Established state law cause of action against Sheriff’s office for the actions of its officials where the officials acted pursuant to a pattern or practice of the office.
- Wills v. Becvar and Remax 1998 U.S. Dist. LEXIS 13540 (N.D. Ill.)
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People v. Hawkins 181 Ill.2d 41 (1998)
Reversed conviction and death sentence in case involving corruption of trial judge.
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Wiggins v. Burge 173 F.R.D. 226 (N.D. Ill.) (1997)
Obtained order compelling the public release of secret police torture documents, pursuant to the public interest.
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Doe v. Hunt, Hardin and City of Chicago 931 F. Supp. 600 (N.D.Ill.) (1996)
Defeated motion to dismiss in excessive force and strip search case.
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People v. Mack 167 Ill. 2d 525 (1995)
Reversed death penalty in post-conviction proceeding in a case establishing what is necessary in Illinois for death sentence eligibility verdict to be sufficient.
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Wilson v. City of Chicago 900 F. Supp. 1015 (N.D. Ill.) (1995)
Obtained summary judgment against police torture defendants and the City, on the basis of collateral estoppel and 745 ILCS 10/9-102 liability.
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Lamb v. City of Decatur 947 F. Supp. 1261 (C.D. Ill.) (1996)
Defeated police motion for summary judgment and qualified immunity where police used pepper spray against labor demonstrators exercising their First Amendment rights.
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People v. Bates 267 Ill. App. 3d 503, 642 N.E.2d 774 (1st Dist.) (1994)
Reversal of murder conviction for man tortured at Area 2 police headquarters.
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Collins v. Magdenovski 1-94-3576 (1st Dist.) (1994)
Successfully defended finding of violation of Chicago Fair Housing Ordinance prohibiting housing discrimination against African American Muslim couple, and award of damages, fines, and attorneys’ fees.
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Czajkowski v. City of Chicago 810 F.Supp. 1428 (N.D. Ill.) (1992)
Defeated defendants’ motion for summary judgment and obtained a partial summary judgment for plaintiff in a case alleging a Monell policy and practice claim for failure to discipline police officers who commit acts of domestic violence.
- Ekpo v. United States 1992 U.S. Dist. LEXIS 7151 (N.D. Ill.)
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People v. Upton 230 Ill. App. 3d 365 (1st District) (1992)
Reversed attempted murder and aggravated battery convictions.
- People v. Wilson 2-90-1031 (Illinois Appellate Court, 2d. District)
- Garay v. Johnson No. 89 C 5561 (N.D. Ill.)
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UIDC v. Pledge of Resistance 177 Ill.App.3d 511 (1st Dist.) (1988)
Successfully represented appellees in appeal of trial court’s denial of punishment for activists who allegedly violated restraining order.
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Williams v. City of Chicago et al. 658 F.Supp. 147 (N.D.Ill.) (1987)
Defeated motion to dismiss and won award of attorney’s fees as sanction against the City for failure to comply with discovery.
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Lowers v. Town of Streator 627 F. Supp. 244 (N.D.Ill.) (1985)
Defeated motion to dismiss claims by woman where police refused to arrest or prosecute rapist she identified, and he raped her again.
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Torres et al. v. Luther 1984 U.S. Dist. LEXIS 16866 (N.D. Ill.) (1984)
Obtained emergency habeas corpus relief against federal jail officials for civil rights violations of political prisoners, awarding transfer out of punitive confinement to general population.
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Palmer v. City of Chicago 562 F. Supp. 1067 (N.D. Ill.) (1983)
Landmark preliminary injunction against Chicago Police Department that compelled it to permanently change its unconstitutional “street files” policies and practices, requiring police to disclose exculpatory information it had previously hidden from the accused in those files.
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Williams v. Henry 596 F. Supp. 925 (N.D. Ill.) (1984)
Defeated prison guard’s motion for summary judgment in excessive force against an elderly prisoner.
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Means v. City of Chicago 535 F. Supp. 168 (N.D. Ill. 1982) and Eiland v. Hardesty, 564 F. Supp. 930 (N.D. Ill. 1982) (1982)
Defeated motions to dismiss Monell policy and practice claims against the City for failing to discipline repeater beater cops.
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Cruz v. City of Chicago 77 C 2179 and 2180 (N.D. Ill.) (1980)
Defeated defendants’ motion for summary judgment on Monell and supervisory liability claims.
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Patterson v. Burge 328 F. Supp. 2d 878 (N.D. Ill.) (2004)
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Verdicts and Settlements
- Adams et al. v. Vanick 98 L 4778 (Circuit Court of Cook County)
- Mayes v. City of Hammond 03 C 379 (N.D. Ind.)
- USA v. Muhammed Salah 03 CR 978 (N.D. Ill.)
- Pierce v. Parsons 81 4471 (E.D. La.)
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Smith v. Pfeil W.D.N.Y. (1997)
$4,000,000 jury verdict for Frank “Big Black” Smith, one of the victims of torture by state police, prison guards, and officials after the retaking of Attica Correctional Facility in 1971.
- Buckley v. County of DuPage 88 C 939 (N.D. Ill.)
- Jones v. Markham 00 L 5608 (Circuit Court of Cook County)
- Mother and Father v. Cassidy 99 L 1886 (Circuit Court of Cook County)
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Hampton v. Hanrahan 70 C 1384 (N.D. Ill.) (1983)
$1,850,000 settlement in 1983 believed to be the largest total civil rights settlement at that time, in wrongful death and conspiracy case seeking justice on behalf of Fred Hampton and Mark Clark and the survivors of the 1969 police raid on their apartment.
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Castillo v. Zuniga, Paulnitsky, City of Chicago 01 C 616 (N.D. Ill) (2004)
$1,200,000 settlement in 2004 in denial of a fair trial and malicious prosecution lawsuit on behalf of Miguel Castillo who served 11 years in prison before his conviction was vacated and he was pardoned on basis of innocence.
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Wilson v. City of Chicago 86 C 2360 (1996 and 1997)
$1,000,000 in judgments and attorneys fees in Andrew Wilson police torture case.
- Jones v. City of Chicago 83 C 2430 (N.D. Ill.)
- Collarelli v. Chang 91 L 6003 (Circuit Court of Cook County)
- Hoskins v. City of Waukegan 94 L 1472 (Circuit Court of Lake County)
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Sledd v. Lindsay 91 C 1917 (N.D. Ill.) (1998)
$687,000 settlement in case where police shot young man in his home after illegally breaking in without announcing their office.
- Guillen v. City of Chicago 95 C 5911 (N.D. Ill.)
- Doe v. Marsalis and City of Chicago 97 C 3913 (N.D. Ill.)
- Cruz & Osorio v. City of Chicago 77 C 2179-80 (N.D. Ill.)
- Lumpkin v. Metra 98 L 07414 (Circuit Court of Cook County)
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Waller v. Butkovitch 80-605-G (M.D.N.C.) (1985)
Landmark $390,000 jury verdict against Klansmen, Nazis and Greensboro, N.C. police for the unjustified shooting death of five anti-Klan demonstrators.
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Lowers v. The Town of Streator 627 F. Supp. 244 (N.D.Ill.) (1985)
$350,000 settlement for woman in case where police officers refused to arrest or prosecute the rapist she identified, and he raped her again.
- Thompson v. Central City 93 L 835 (Circuit Court of Cook County)
- Lucas v. Turner 74 C 393 (N.D. Ill.)
- Tolson v. Osborn 99 C 4458 (N.D. Ill.)
- Soto v. Soto 98 L 3754 (Circuit Court of Cook County)
- Sisters of Providence v. Clarence and Eileen Jacobs 96 C 4328
- Flewellen v. City of Chicago 00 L 6259 (Circuit Court of Cook County)
- Triplett v. Shields 97 C 4026 (N.D. Ill.) and four related cases (Austin 7 Cases)
- Wiggins v. Burge 93 C 199; Banks v. City of Chicago, 91 C 6470; and Bates v. Byrne, 96 C 7061 (N.D. Ill.)
- Mitchell v. City of Chicago 01 L 458 (N.D. Ill.)
- Burgess et al. v. Louis Lowery et al. 97-1244 (C.D. Ill.)
- Shemenski v. Chapieski 03 C 00861 (N.D. Ill.)
- Zito v. City of Chicago 95 C 7192 (N.D. Ill.)
- Flint v. Chicago Park District 99 L 11836 (Circuit Court of Cook County)
- Miller v. Dalkon Shield
- Gaytan v. Kapus 96 C 393 (N.D. Ill.)
- McLin v. City of Chicago 89 C 9253 (N.D. Ill.)
- Best v. City of Chicago 93 C 9538 (N.D. Ill.)
- Frost v. Dorsch 92 C 4025 (N.D. Ill.)
- Murcio v. Perez 97 C 3339 (N.D. Ill.)
- Pratt v. Churchich 00 866 MJR (S.D. Ill.)
- Salto v. Mercado 93 C 0122 (N.D. Ill.)
- Smith v. Lowery 97 C 1355 (C.D. Ill.)
- Kittler v. City of Chicago 84 C 1649 (N.D. Ill.)
- Rogers v. Roseland 90 L 333 (Circuit Court of Cook County)
- Glover v. Town of Cicero 80 C 4441 (N.D. Ill.)
- Father Charles Dahm v. City of Rock Island 86 4026 (C.D. Ill.)
- Moore v. Mikus 92 3248 (C.D. Ill.)
- Smith v. Rowe 77 1029 (C.D. Ill.)
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Pena v. City of Chicago 91 C 2535 (N.D. Ill.) (1993)
$99,990 settlement in 1993 in a case of police brutality by a repeater beater.
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Vasquez v. Reid 90 C 1585 (N.D. Ill.) (1993)
$100,000 settlement in shooting by Chicago police officer.
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Hoffman v. City of Chicago (N.D. Ill.) (1983)
$60,000 jury verdict in female strip search case, second largest verdict or settlement in strip search case at that time.
- Reed v. Chicago Housing Authority 97 C 7421 (N.D. Ill.)
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Espindola v. Tasch 80-C-168 (N.D. Ill.) (1982)
$44,000 jury verdict for Chilean refugees beaten by police.
- Johnson v. Chesser 95 C 272 (N.D. Ill.)
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Saxner v. Benson (S.D. Ind.) (1981)
$9,000 jury verdict in Bivens case to two plaintiffs for 35 days of unconstitutional segregation at Terre Haute Federal Prison; believed to be the first jury verdict against prison officials at Terre Haute, and one of a handful of Bivens verdicts, nationally, at that time.
- Spiegel v. Cherney and Bobin 94 L 6465 and 8808 (Circuit Court of Cook County)
- Spiegel v. Cortese 95 C 3697 (N.D. Ill.)
- People v. Smyczynski 88 C 4288 (Circuit Court of Cook County)
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People v. Pope Circuit Court of Cook County (1985)
Not guilty in murder case.
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People v. Wallace Circuit of Cook County (1984)
Not guilty in robbery case.
- People v. Heimlich 01 CR 260096 (Circuit Court of Cook County)
- People v. Campbell 99 MC6 008937 (Circuit Court of Cook County)
- People v. Hawkins and Ivery 98 MC6 004563/004564 (Circuit Court of Cook County)
- People v. Wright 97 CR 20773 (Circuit Court of Cook County)
- City of Chicago v. Rantis 97 NR 9 (Chicago Mayor’s Licensing Commission)
- In the Matter of Julian Calero INS-New York, 1996
- In Re: Fidel Calvillo No. 96 JD 17252 (Circuit Court of Cook County)
- People v. Salto No. 95 CR 17386 (Circuit Court of Cook County)
- People v. Gibson 93 MC 377643 (Circuit Court of Cook County)
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People v. Tillman Circuit Court of Cook County, Bridgeview (1992)
Not guilty in assault and battery of forest preserve officer.
- People v. Ornelas 90 CR 8813 (Circuit Court of Cook County)
- United States v. Lucania SDNY
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In the Matter of Mando Serwadi INS-Chicago (1988)
Political asylum trial for South African political activist.
- Druzgala v. Handschy 1983 CF 1968 (Illinois Commission on Human Rights)
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People v. Bailey (Cook County Criminal Court) (1979-1982)
Not guilty of murder or charges dismissed with respect to seventeen Black men prosecuted under Illinois death statute in Pontiac prison uprising.
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People v. Spears Circuit Court of Cook County (1976)
Not guilty in felony gun possession case
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People v. Fisher Circuit Court of Cook County (1973)
Not guilty in murder case.
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People v. Rush Circuit Court of Cook County (1973)
Not guilty in felony gun case.
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People v. McTush Circuit Court of Cook County (1972)
Not guilty in armed robbery case.
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People v. Boyd et al. Circuit Court of Cook County (1970)
Not guilty jury verdict in attempt murder and armed violence case against 3 Carbondale Black Panthers.
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People v. Bell, Satchel, Trueluck, Johnson, Harris, Brewer and Anderson Circuit Court of Cook County (1970)
Dismissal of all attempted murder charges against survivors in the Black Panther police raid.