Mercado v. Dart, 09-3092
In a 42 U.S.C. section 1983 suit brought by a class of inmates claiming, inter alia, that a sheriff and his staff have subjected them to needlessly humiliating strip searches, district court judge's denial of defendant's mid-trial Rule 50 motion is not appealable as a "collateral order" under section 1291. Moreover, the appeal must be dismissed anyway because it is substantively frivolous.
- Argued 04/05/2010
- Decided 04/28/2010
- Published 04/28/2010
- EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Michael Kanovitz, Attorney, Loevy & Loevy, Chicago, IL, for Plaintiffs-Appellees., Francis J. Catania, Attorney, Office of the Cook County State's Attorney, Daniel F. Gallagher, Attorney, Querrey & Harrow, Chicago, IL, Christopher Keleher, Attorney, Westmont, IL, for Defendant-Appellant.