Harer v. Casey, No. 19-3334 (7th Cir. 2020)
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Samantha died from a gunshot wound to the head. The coroner concluded Samantha committed suicide. Samantha’s parents, the Harers' claim Samantha’s boyfriend, Flores—a Crest Hill, Illinois police officer—murdered Samantha during an argument at her home in neighboring Channahon. The Harers sued Flores for wrongful death and other torts and Crest Hill for its alleged unconstitutional practice of concealing officers’ misconduct, which the Harers allege emboldened Flores to kill Samantha. The Harers also sued Channahon and police officers, asserting these defendants denied the Harers their constitutional right of access to court when they engaged in a cover-up to protect Flores. The Channahon defendants moved to dismiss the access claim, arguing they did not prevent the Harers from initiating a wrongful death lawsuit against Flores within the statute of limitations. The court denied the motion, holding that the Channahon defendants still frustrated their judicial access by delaying the Harers’ suit and costing them money; clearly-established law prohibited the officers’ conduct, so qualified immunity did not shield the officers.
The Seventh Circuit reversed. The backward-looking access-to-court claim is untenable because the underlying tort claims are
timely, facially plausible, and still pending; their access claim is not ripe for review. Post-filing conduct generally cannot serve as a basis for an access-to-court claim.
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