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.
- 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.