Lavite v. Dunstan, No. 18-3465 (7th Cir. 2019)Annotate this Case
Lavite, a combat veteran, works in the Administration Building of Madison County, Illinois, as superintendent for the County’s Veterans Assistance Commission. In 2015, Madison County officials banned Lavite from the Administration Building indefinitely after learning that Lavite had experienced a PTSD episode during which he threatened a police officer and then kicked out the windows of a squad car. The ban lasted for nearly 20 months. Lavite kept his job but had to work remotely. Lavite had previously resisted efforts to use funds from the Commission’s budget for other county needs. Before the ban was lifted, Lavite filed suit. The district court granted summary judgment for the defendants. The Seventh Circuit affirmed. Lavite’s right to assemble on government property was not violated because the ban on his presence in the building was viewpoint-neutral and reasonably motivated by legitimate safety concerns. None of the evidence supports a reasonable inference of causation between the ban imposed on Lavite in 2015 and his 2013 objections to the proposals to divert some of his Commission’s budget to other purposes. Lavite, having no alleged liberty or property interest, did not establish any due process violation.