Vicki Stewart, et al v. Jason Derbort, et al
| VICKI STEWART, in her individual capacity and as Administrator of the ESTATE OF JAMI HAWKINS, KIM HAWKINS, JULIE HAWKINS and JAYLYNN STEWART |
| JASON DERBORT, MIKE DAY, SCOTT DENTON, JESSICA CRACKEL and MCLEAN COUNTY, ILLINOIS |
| 25-2651 |
| September 19, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
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| Filing 37 Received argument confirmation from Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [37] [7507427] [25-2651] (Rosati, Fabian) [Entered: 02/25/2026 10:13 PM] |
Filing 36
ORDER Re: Motion to Reschedule Oral Argument or, in the Alternative, for Remote Appearance. This court will ordinarily respect requests by counsel, made before oral argument is scheduled, that the court avoid scheduling argument for a particular day or week. Cir. R. 34(b)(3). The parties were advised multiple times that counsels unavailability should be submitted no later than seven days after the filing of appellees briefs, see Cir. R. 34(b)(3), (4), and that once an appeal has been scheduled for oral argument, it is rescheduled only in extraordinary circumstances, see Cir. R. 34(b)(4), (e). Counsel neither notified the court of the dates he was unavailable nor explained this failure in the motion to reschedule. Counsel for the appellant has not demonstrated extraordinary circumstances. Accordingly, the request to reschedule oral argument is DENIED. Further, the request to argue remotely is GRANTED. Attorney Fabian Rosati may present oral argument by Zoom Video Communications. The clerks office will contact counsel with further instructions. [ # 34 ] SCR [36] [7506047] [25-2651] (AD) [Entered: 02/19/2026 03:52 PM]
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| Filing 35 Paper copies of appellant reply brief filed by Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. [35] [7505491] [25-2651] (EF) [Entered: 02/18/2026 10:40 AM] |
| Filing 34 Motion filed by Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins Reschedule oral argument or in the alternative for remote appearance. [34] [7505168] [25-2651] (Rosati, Fabian) [Entered: 02/17/2026 12:20 PM] |
| Filing 33 Argument set for Thursday, April 16, 2026, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 10 minutes. [33] [7504516] [25-2651] (SK) [Entered: 02/12/2026 12:16 PM] |
| Filing 32 Appellant's reply brief filed by Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. Paper copies due on 02/11/2026. [32] [7502738] [25-2651] (LJ) [Entered: 02/05/2026 08:55 AM] |
| Filing 31 Submitted appellant reply brief by Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [31] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7502729] [25-2651] (Rosati, Fabian) [Entered: 02/04/2026 08:58 PM] |
| Filing 30 Paper copies of appellee brief filed by Appellee Jason Derbort. [30] [7499894] [25-2651] (NHV) [Entered: 01/22/2026 10:58 AM] |
| Filing 29 Amended Jurisdictional Statement filed by Appellee Jason Derbort. [29] [7499674] [25-2651] (Stocks, Jerrold) [Entered: 01/21/2026 02:36 PM] |
| Filing 28 Paper copies of appellee brief filed by Appellees Jessica Crackel, Mike Day, Scott Denton, Jason Derbort and McLean County, Illinois. [28] [7499525] [25-2651] (SK) [Entered: 01/21/2026 10:49 AM] |
| Filing 27 Appellee's brief filed by Appellees Jessica Crackel, Mike Day, Scott Denton and McLean County, Illinois. Paper copies due on 01/22/2026. [27] [7498701] [25-2651] (CAG) [Entered: 01/15/2026 02:24 PM] |
| Filing 26 Re-Submitted appellee brief by MICHAEL J. ATKUS for Appellee Mike Day. [26] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7498673] [25-2651] (Atkus, Michael) [Entered: 01/15/2026 12:54 PM] |
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Filing 25
ORDER: Appellees Jessica Crackel, Mike Day, Scott Denton, Jason Derbort and McLean County, Illinois shall file a paper captioned "Amended Jurisdictional Statement" that provides the omitted information noted in this order and otherwise complies with all the requirements of Fed.R.App.P. 28(a)(4) and Cir. Rule 28(a). The Clerk shall DISTRIBUTE, along with the briefs in this appeal, copies of this order and the "Amended Jurisdictional Statement" to the assigned merits panel. This order will not extend the time for any future briefs. Amended jurisdictional statement due no later than 01/22/2026 for Appellees Jessica Crackel, Mike Day, Scott Denton, Jason Derbort and McLean County, Illinois. JXK [25] [7498655] [25-2651] (CG) [Entered: 01/15/2026 12:20 PM]
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| Filing 24 Brief deficiency letter sent to Appellees Jessica Crackel, Mike Day, Scott Denton and McLean County, Illinois. [24] [7498523] [25-2651] (CAG) [Entered: 01/14/2026 04:39 PM] |
| Filing 23 Submitted appellee brief by MICHAEL J. ATKUS for Appellee Mike Day. [23] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7498493] [25-2651] (Atkus, Michael) [Entered: 01/14/2026 03:39 PM] |
| Filing 22 Appellee's brief filed by Appellee Jason Derbort. Paper copies due on 01/21/2026. [22] [7498478] [25-2651] (CAG) [Entered: 01/14/2026 03:20 PM] |
| Filing 21 Submitted appellee brief by Jerrold H. Stocks for Appellee Jason Derbort. [21] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7498454] [25-2651] (Stocks, Jerrold) [Entered: 01/14/2026 02:55 PM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jerrold H. Stocks for Appellee Jason Derbort. Additional Parties: City of Decatur,Steve Carroll,Tim Maxwell,Wm. Hill,Nicholas Boleman,Kara Flannery,Brad Hall,Eric Matthews,Ben Massey,Jas. Weddle,Adam Jahraus,Bryan,Kaylor,Austin Clark,Tim Wittmer,Jamie Hagemeyer,Brian Cleary,Scott Rosenberry,Brian Earles,Shane Brandel. [20] [7498283] (L-Yes; E-Yes; R-No) [25-2651] (Stocks, Jerrold) [Entered: 01/14/2026 09:50 AM] |
| Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney MICHAEL J. ATKUS for Appellee Mike Day. for MACON COUNTY. Additional Parties: MACON COUNTY. [19] [7498230] (L-Yes; E-Yes; R-No) [25-2651] (Atkus, Michael) [Entered: 01/14/2026 09:01 AM] |
| Filing 18 Paper copies of appellant brief filed by Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. [18] [7494339] [25-2651] (CAG) [Entered: 12/22/2025 09:47 AM] |
| Filing 16 Re-Submitted appellant brief by Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [16] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7493185] [25-2651] (Rosati, Fabian) [Entered: 12/16/2025 09:38 AM] |
| Filing 17 Appellant's brief filed by Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. Paper copies due on 12/22/2025. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [17] [7493268] [25-2651] (SK) [Entered: 12/16/2025 11:03 AM] |
| Filing 15 Re-Submitted appellant brief by Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [15] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7493124] [25-2651] (Rosati, Fabian) [Entered: 12/15/2025 08:33 PM] |
| Filing 14 Re-Submitted appellant brief by Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7492793] [25-2651] (Rosati, Fabian) [Entered: 12/15/2025 10:07 AM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins. [13] [7492789] (L-Yes; E-Yes; R-No) [25-2651] (Rosati, Fabian) [Entered: 12/15/2025 10:04 AM] |
| Filing 12 Brief deficiency letter sent to Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. [12] [7492705] [25-2651] (NHV) [Entered: 12/15/2025 08:42 AM] |
| Filing 11 Submitted appellant brief by Fabian Rosati for Appellants Vicki Stewart, Jaylynn Stewart, Julie Hawkins and Kim Hawkins. [11] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7492686] [25-2651] (Rosati, Fabian) [Entered: 12/14/2025 07:36 PM] |
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Filing 10
Order issued GRANTING motion to extend time to file appellants' brief. [ # 9 ] Appellants' brief due on or before 12/15/2025 for Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. Appellees' briefs due on or before 01/14/2026 for Jessica Crackel, Mike Day, Scott Denton, Jason Derbort and McLean County, Illinois. Appellants' reply brief, if any, is due on or before 02/04/2026 for Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. CDH [10] [7485234] [25-2651] (HTP) [Entered: 11/05/2025 09:39 AM]
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| Filing 9 Motion filed by Appellants Vicki Stewart, Jaylynn Stewart, Kim Hawkins and Julie Hawkins to extend time to file appellant brief. [9] [7484478] [25-2651] (Rosati, Fabian) [Entered: 11/03/2025 09:38 AM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Carrie L. Haas for Appellee McLean County, Illinois. [8] [7482084] (L-Yes; E-Yes; R-No) [25-2651] (Haas, Carrie) [Entered: 10/21/2025 02:46 PM] |
| Filing 7 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Marni R. Slavick for Appellee Scott Denton has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [7] [7481777] [25-2651] (LJ) [Entered: 10/20/2025 03:07 PM] |
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Filing 6
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 11/07/2025 for Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. Appellees' briefs are due on or before 12/08/2025 for Jessica Crackel, Mike Day, Scott Denton, Jason Derbort and McLean County, Illinois. Appellants' reply brief, if any, is due on or before 12/29/2025 for Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. JB [7476550] [25-2651] (FP) [Entered: 09/23/2025 09:49 AM]
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| Filing 5 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Tuesday, October 7, 2025 at 2:00 p.m. Central Time. See Notice for further details and requirements. JB. [5] [7476548] [25-2651] (FP) [Entered: 09/23/2025 09:45 AM] |
| Filing 4 Docketing Statement filed by Appellant Vicki Stewart. Prior or Related proceedings: No. [4] [7476147] [25-2651] (Rosati, Fabian) [Entered: 09/22/2025 08:02 AM] |
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Filing 3
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7476046] [3] [7476046] [25-2651] (PS) [Entered: 09/19/2025 12:40 PM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Steve Carroll, Timothy Maxwell, Sergeant Jahraus, William Hill, Nicholas Boleman, Kara Flannery, Brad Hall, Eric Matthews, Benjamin Massey, James Weddle, Bryan Kaylor, Austin Clark, Timothy Wittmer, Jamie Hagemeyer, Shane Brandel, Brian Cleary, Scott Rosenberry, Brian Earles, Desiree Wright, County of Macon, Illinois, and City of Decatur, Illinois. [2] [7476044] [25-2651] (PS) [Entered: 09/19/2025 12:34 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart by 09/26/2025. Transcript information sheet due by 10/03/2025. Appellants' brief due on or before 10/29/2025 for Julie Hawkins, Kim Hawkins, Jaylynn Stewart and Vicki Stewart. [1] [7476039] [25-2651] (PS) [Entered: 09/19/2025 12:21 PM] |
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