In Re Kevin J. Long

Seventh Circuit

In Re Kevin J. Long

475 F.3d 880, 2007 U.S. App. LEXIS 2049, 2007 WL 259707

CourtCourt of Appeals for the Seventh Circuit

DecidedJanuary 31, 2007

Docket05-4429

StatusPublished

Cited by10 cases

This text of 475 F.3d 880 (In Re Kevin J. Long) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Kevin J. Long, 475 F.3d 880, 2007 U.S. App. LEXIS 2049, 2007 WL 259707 (7th Cir. 2007).

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Opinion

POSNER, Circuit Judge.

The Executive Committee of the U.S. District Court for the Northern District of Illinois has issued an order barring Kevin Long from access to the William J. Campbell Library, which is the public library in the Dirksen Federal Courthouse, where the district court as well as this court is housed. The order has the effect of an injunction and is therefore appealable to this court — provided it is judicial rather than administrative in character. In re Chapman, 328 F.3d 903, 904-05 (7th Cir.2003) (per curiam); In re Palmisano, 70 F.3d 483, 484 (7th Cir.1995).

The committee determined that “Long had, on two separate occasions, approached female externs and asked them to model for him. Additionally, Mr. Long has consistently defied other library rules. He refuses to print his name upon entering the library; he has been found in the CALR section of the library (clearly marked ‘Court Personnel Only’); and he has entered the library through secure doors by following employees who have access to those entrances.” The committee’s order prohibits him from entering the library.

Long’s appeal does not question the Executive Committee’s authority to manage the library (nor need we consider its authority); rather he argues that by barring him from the library without notice and an opportunity for a hearing, the Executive Committee has deprived him of property without due process of law. We cannot consider the merits of the argument, because we do not have jurisdiction. The order excluding Long from the library is an administrative rather than a judicial order. No proceeding has been instituted against Long. The executive committee in *881 excluding him was acting in a proprietary capacity, just like a restaurant that expels an unruly customer and forbids him to return. Such an action is not judicial; rather it is the kind of action that the person against whom it was taken might seek judicial redress for. Our jurisdiction is limited to review of judicial orders and of regulatory orders by administrative agencies.

Long’s appeal is therefore

Dismissed.

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POSNER, Circuit Judge.

The Executive Committee of the U.S. District Court for the Northern District of Illinois has issued an order barring Kevin Long from access to the William J. Campbell Library, which is the public library in the Dirksen Federal Courthouse, where the district court as well as this court is housed. The order has the effect of an injunction and is therefore appealable to this court — provided it is judicial rather than administrative in character. In re Chapman, 328 F.3d 903, 904-05 (7th Cir.2003) (per curiam); In re Palmisano, 70 F.3d 483, 484 (7th Cir.1995).

The committee determined that “Long had, on two separate occasions, approached female externs and asked them to model for him. Additionally, Mr. Long has consistently defied other library rules. He refuses to print his name upon entering the library; he has been found in the CALR section of the library (clearly marked ‘Court Personnel Only’); and he has entered the library through secure doors by following employees who have access to those entrances.” The committee’s order prohibits him from entering the library.

Long’s appeal does not question the Executive Committee’s authority to manage the library (nor need we consider its authority); rather he argues that by barring him from the library without notice and an opportunity for a hearing, the Executive Committee has deprived him of property without due process of law. We cannot consider the merits of the argument, because we do not have jurisdiction. The order excluding Long from the library is an administrative rather than a judicial order. No proceeding has been instituted against Long. The executive committee in *881 excluding him was acting in a proprietary capacity, just like a restaurant that expels an unruly customer and forbids him to return. Such an action is not judicial; rather it is the kind of action that the person against whom it was taken might seek judicial redress for. Our jurisdiction is limited to review of judicial orders and of regulatory orders by administrative agencies.

Long’s appeal is therefore

Dismissed.

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Bluebook (online)

475 F.3d 880, 2007 U.S. App. LEXIS 2049, 2007 WL 259707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kevin-j-long-ca7-2007.

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