United States Seventh Circuit

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Dupuy v. McEwan, 07-1655

In a suit challenging a range of practices by the Illinois child-welfare agency that plaintiffs claim infringe parental rights protected by the due process clause of the Fourteenth Amendment, summary judgment for defendant is affirmed where: 1) there was no evidence of the misrepresentation required for a finding in favor of plaintiffs by the court on a previous remand; 2) the defendant's motion for summary affirmance was filed before the appellant's brief was due and the plaintiffs had an opportunity to respond; and 3) a plaintiff cannot obtain class-wide relief for harms suffered by only some of its members.

Appellate Information

  • Submitted 04/25/2007
  • Decided 07/31/2007
  • Published 07/31/2007


  • POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Jack L. Block (submitted), Reed Smith, Jeffrey B. Gilbert, Johnson, Jones, Snelling, Gilbert & Davis, Robert E. Lehrer, Lehrer & Redleaf, Diane Redleaf, Redleaf Law Firm, Chicago, IL, for Plaintiffs-Appellants.

  • For Appellees:
  • William G. Sullivan (submitted), Martin, Brown & Sullivan, Jack J. Carriglio, Meckler, Bulger & Tilson, Chicago, IL, for Defendant-Appellee.
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