United States Seventh Circuit

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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.

Appellate Information

  • Argued 04/05/2010
  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • 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.