Legal Opinion

Michael Davis v. Donald Moroney

Court of Appeals for the Seventh Circuit

Decided May 22, 2017No. 16-2471PublishedCited by 63 opinions

1Opinion of the Court

POSNER, Circuit Judge.

Michael Davis, an inmate at Illinois Pontiac Correctional Center, sued a guard, Donald Moroney, for allegedly using excessive force against him, but the district court dismissed the suit for failure to prosecute. Davis now challenges the denial of a subsequent motion for relief from judgment under Federal Rule of Civil Procedure 60(b). He argues that exceptional circumstances warrant relief from the judgment, principally because mental impairments prevented him from prosecuting the case without the aid of counsel.

Davis filed this suit under 42 U.S.C. § 1983 in 2013…

2Cases cited5 opinions

  1. Pruitt v. MoteCourt of Appeals for the Seventh Circuit · 2007
  2. James T. Donald v. Cook County Sheriff's DepartmentCourt of Appeals for the Seventh Circuit · 1996
  3. Israel Ramirez v. United StatesCourt of Appeals for the Seventh Circuit · 2015
  4. Lorain Tolliver v. Northrop CorporationCourt of Appeals for the Seventh Circuit · 1986
  5. Bakery MacHinery & Fabrication, Inc. v. Traditional Baking, Inc.Court of Appeals for the Seventh Circuit · 2009

3Cited by63 opinions

  1. Shawn Eagan v. Michael DempseyCourt of Appeals for the Seventh Circuit · 2021
  2. Howard Smallwood v. Don WilliamsCourt of Appeals for the Seventh Circuit · 2023
  3. LAJIM, LLC v. Gen. Elec. Co.Court of Appeals for the Seventh Circuit · 2019
  4. Wendy Dolin v. GlaxoSmithKline LLCCourt of Appeals for the Seventh Circuit · 2020
  5. Craig Armstrong v. Villa Park Police DepartmentCourt of Appeals for the Seventh Circuit · 2017

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