Chicago Regional Council of Carpenters v. Village of Schaumburg
2011 U.S. App. LEXIS 8936
| 7th Cir. | 2011Background
- Union sued under 42 U.S.C. § 1983 alleging First Amendment violation for restricting demonstrations at the Schaumburg Renaissance Hotel.
- August 18, 2009: union staged a mock funeral on hotel premises; police directed noise and route; terms later followed for August 18 but not for August 31.
- August 31, 2009: union denied entry to premises and access to protest; suit filed September 2, 2009 claiming denial of access to public property.
- November 6, 2009: union requested two volunteers distribute pamphlets at hotel entrance; Village denied on November 19, 2009.
- Union later focused on November 2009 pamphlet denial, abandoning the August 31 access claim in its summary judgment briefing; district court granted summary judgment for Village March 24, 2010.
- Union sought to supplement with a second amended complaint; district court denied; Seventh Circuit affirmed that abandonment and rule 15(d) limits apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly treated August 31 claim as abandoned | Union argues August 31 theory preserved via leafleting claim | Village contends Union forfeited August 31 theory by focusing on November | Yes, district court correct to find abandonment |
| Whether November 2009 leafleting denial supports § 1983 claim | Union preserved leafleting rights on public property | Village denies leafleting rights were properly raised in the summary judgment | No viable claim due to abandonment of August 31 theory; only November denial considered |
| Whether Rule 15(d) supplementation could salvage new events | Union should be allowed to supplement to include November events | Late supplemental pleading would be improper after summary judgment denial | District court did not abuse discretion; too little, too late |
| Whether the district court properly granted summary judgment | There were unresolved issues about access to public property | Record shows abandonment of August 31 theory; summary judgment correct | Affirmed |
Key Cases Cited
- Liberles v. County of Cook, 709 F.2d 1122 (7th Cir.1983) (briefing requirement; abandonment theories cannot be raised on appeal)
- Grain Traders, Inc. v. Citibank, N.A., 160 F.3d 97 (2d Cir.1998) (injunctive relief grounding requires events described in complaint)
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (likelihood of irreparable injury; standing for injunctive relief)
- O'Shea v. Littleton, 414 U.S. 488 (1974) (standing and irreparable injury principles for equitable relief)
- Smith v. Potter, 513 F.3d 781 (7th Cir.2008) (claim preclusion considerations and post-filing claims; post-filing events)