Seventh Circuit Roundup: July Opinions Include Decisions on Intervention Standards and Constitutional Claims for Sexual Assault

The fifth episode of Seventh Circuit Roundup covers two July opinions—Bost v. Illinois State Board of Elections and Hess v. Garcia.

In Bost, the Democratic Party of Illinois tried to intervene to defend the validity of an Illinois election law, which the Illinois State Board of Elections was already defending. The Seventh Circuit denied intervention: It held that the Party could not show that the Board’s representation “may be” inadequate—though it noted that the Party might later be able to make this showing if the Board were to fail to appeal an adverse decision or fail to make an argument that would serve the Party’s interests.

In Hess v. Garcia, meanwhile, the Seventh Circuit reinstated constitutional claims—under the Equal Protection Clause, Fourth Amendment, and Fourteenth Amendment—brought by a female high school student against a local police officer who allegedly repeatedly sexually assaulted her during a school-mandated “ride along.” The Court held that regardless of the legal theory, “sexual assault by an official acting under color of law violates the constitutional rights of the victim.”

Mark and Kian dive into these opinions and explain why they raise important points about civil procedure, party presentation, and constitutional rights.

Want to subscribe? Use the buttons in the player above, or plug this link into your favorite podcast app: https://feeds.buzzsprout.com/2178439.rss