Diane S. Sykes
How Judge Sykes rules, drawn from 56 signed orders. Every observation links to the order it came from.
About Judge Sykes
Diane S. Sykes is a judge of the United States Court of Appeals for the Seventh Circuit. Appointed by President George W. Bush, Judge Sykes received a commission on July 1, 2004. Judge Sykes assumed senior status on October 1, 2025.
Judge Sykes's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Sykes's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Sykes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Church Mutual, Sykes dismissed the appeal as moot after the underlying state case settled, without deciding contested appellate-jurisdiction questions.
“There’s no need to decide if Church Mutual is right about appellate jurisdiction. ... The dismissal of the underlying state-court case moots this appeal.”
Strong deference to a trial court's (or magistrate judge's) credibility findings. A video displaces live testimony only if it 'utterly discredits' it (Scott v. Harris); a recording that merely fails to corroborate a peripheral detail is not enough to overturn a credibility call.
“Credibility determinations receive special deference and are rarely overturned. ... Far from contradicting Sergeant Varriale's testimony, the body-cam video corroborates it. ... there is no basis to disturb the magistrate judge's decision to credit Sergeant Varriale's testimony.”
Procedural preferences
In Garcia-Marin’s appeal, she applied the requirement of a live controversy throughout litigation and dismissed the case as moot when relief was no longer possible.
“A live case or controversy must exist throughout the course of the litigation. ... if developments make it impossible for us to grant relief in a case, then we must dismiss it as moot.”
In United States v. Bailey, she rejected as frivolous a First Amendment argument first raised on appeal about the state disorderly-conduct statute.
“In a new argument on appeal, Bailey suggests that his conduct wasn't prosecutable under Wisconsin's disorderly-conduct statute because the video evidence does not show that he was unreasonably loud. He styles this as a First Amendment argument. However styled, the argument is frivolous.”
Cautions
In Sanders’s habeas case, she applied Jones v. Hendrix to hold that the prisoner could not bring his statutory claim through the Section 2241 saving clause.
“Under Jones v. Hendrix, Sanders cannot bring his statutory claim in a section 2241 habeas petition via the saving clause; indeed, 'he cannot bring it at all.'”
Eighth Amendment deliberate-indifference demands proof of a culpable state of mind, not negligence; a plaintiff whose own choices (twice declining or abandoning offered treatment) caused the delay cannot show the provider 'ignored a known risk,' and a Monell claim fails without an underlying constitutional deprivation.
“Munson voluntarily walked away from treatment opportunities twice. His primary complaint was pain ... but Dr. Newbold cannot be faulted for not construing his complaint as urgent when Munson himself twice abandoned treatment when it was offered.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Illinois Supreme Court's answer to the certified question makes it clear that the suit is timely with respect to some of the allegedly unlawful fingerprint scans. That resolves this appeal. Accordingly, we lift the stay and affirm the district court's order denying White Castle's motion for judgment on the pleadings.”
“Though the coverage dispute remains live, the dismissal of the state-court case moots this appeal.”
“An officer who observes a person physically fighting with another in the street, as Sergeant Varriale did, has probable cause to make an arrest under this statute. ... AFFIRMED”
“Garcia Marin's removal moots his petition for review of the BIA's decision rejecting his application for deferral of removal. Accordingly, the petition must be dismissed. DISMISSED”
“We therefore affirm the district court’s judgment denying his § 2241 petition, though on different grounds.”
“Nothing in the record supports an inference that Dr. Newbold acted (or failed to act) in a manner demonstrating a culpable state of mind -- i.e., that he ignored a known and substantial risk of serious harm. Accordingly, the magistrate judge properly entered summary judgment for Dr. Newbold.”
“We affirm the dismissal and take this opportunity to re-mind judges that they need not and should not recruit volunteer lawyers for civil claimants who won’t cooperate with the basic requirements of litigation.”
“The district judge sanctioned Emerson for the threat and eventually entered summary judgment for the defendants. We affirm.”
“We affirm. There is no genuine dispute here. Levitin was an independent physician with practice privileges at the hospital. She was not the hospital’s employee.”
“We affirm. The judge’s decision was procedurally and substantively sound. A forum-selection clause channeling litigation to a nonfederal forum is enforced through the doctrine of forum non conveniens.”
“So Kopplin’s failure to present reliable expert testimony on that issue is fatal. ... AFFIRMED.”
Draft for Judge Sykes with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Sykes, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Sykes's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace