Heyl Royster



Appellate Court Holds Client Did Not Violate Detainee's Rights


The United States Court of Appeals for the Seventh Circuit recently issued an opinion in favor of a firm client who served on the plaintiff/appellant’s treatment team at the Rushville Treatment & Detention Center, where the plaintiff had been detained due to his classification as a sexually violent offender (Walker v. Groot, 2017 U.S. App. LEXIS 15068). The plaintiff had filed a civil rights claim alleging violation of his rights under the First Amendment claiming that his therapists assigned a “decision making model” in retaliation for a letter that he sent to the official in charge of the conditional release program. The jury found in favor of the defendants and the plaintiff appealed, citing violations of the therapist/patient privilege – an issue of first impression in the Seventh Circuit. The Court of Appeals ultimately ruled that the plaintiff failed to preserve his claims for review. Theresa Powell successfully represented the firm’s client at trial, Craig Unrath argued the case on appeal, and Jones Day represented the plaintiff/appellant at the appellate level.