John Daniel Tinder

How Judge Tinder rules, drawn from 26 signed orders. Every observation links to the order it came from.

Judge Tinder no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Seventh Circuit
Position
Circuit judge
Status
Retired 2015
Served
2007–2015
Appointed by
George W. Bush (Republican)
Commissioned
December 21, 2007
Education
Indiana University, Bloomington (B.S., 1972); Indiana University School of Law -- Bloomington (now Maurer School of Law) (J.D., 1975)
Signed orders read
26

About Judge Tinder

John Daniel Tinder was a judge of the United States Court of Appeals for the Seventh Circuit. Appointed by President George W. Bush, Judge Tinder received a commission on December 21, 2007. Judge Tinder previously served on the United States District Court for the Southern District of Indiana, commissioned there on August 10, 1987. Judge Tinder assumed senior status on February 18, 2015 and retired on October 9, 2015.

How Judge Tinder decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

At the dismissal stage of an employment discrimination case, applies the modest pleading standard to a specified adverse action attributed to race.

“[A] complaint alleging [race] discrimination need only aver that the employer instituted a (specified) adverse employment action, against the plaintiff on the basis of [his race].”

Procedural preferences

In Kadia’s immigration appeal, he identified an ambiguity in the agency order: it neither adopted nor rejected the immigration judge’s adverse-credibility finding.

“the order purports to neither adopt nor reject the IJ’s adverse credibility finding.”

Cautions

Construes exceptions to the federal ban on enjoining state proceedings narrowly, including where an ERISA plan invokes federal rights.

“we interpret the Anti- Injunction Act’s exceptions narrowly.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Kadia v. Holder
07-3604 · 2009-02-20
Petition for review (petitioner (Lynda E. Kadia)) Granted

“For the reasons that follow, we grant her petition, vacate the BIA's order and remand for further proceedings consistent with this opinion.”

Miller v. Safeco Insurance Co. of America
11-1232 & 11-1738 · 2012-06-25
Appeal (appellant (defendant Safeco Insurance Company of America)) Denied

“The district court found that the policy covered the loss, that the exclusions didn't apply, and Safeco acted in bad faith. We affirm.”

Nelson v. Welch
11-1792 · 2012-06-29
Appeal (appellant (plaintiff William G. Nelson IV)) Denied

“Nelson has no claim against CHSWC that does not depend on abuse of the bankruptcy process. And that means Nelson has no good claims against CHSWC. AFFIRMED.”

Trustees of the Carpenters' Health & Welfare Trust Fund of St. Louis v. Darr
10-1682, 10-1793 & 10-2579 · 2012-08-21
Appeal (appellant (defendant Lanny Howard Darr II)) Granted

“Because the injunction against this state court lawsuit does not qualify under an exception to the Anti-Injunction Act, we order the injunction vacated.”

Capeheart v. Terrell
11-1473 · 2012-08-29
Appeal (appellant (plaintiff Loretta Capeheart)) Moot / procedural

“We therefore VACATE the district court's judgment, REMAND with instructions to DISMISS the federal claim as unripe, and AFFIRM its dismissal of Capeheart's supplemental claims.”

Vitrano v. United States
12-1282 · 2013-07-01
Appeal (appellant (petitioner Thomas Vitrano)) Denied

“This case requires us to consider whether the district court abused its discretion in denying Thomas Vitrano's motion to amend his 28 U.S.C. § 2255 petition. For the reasons that follow, we find no abuse of discretion and affirm.”

Aponte v. City of Chicago
· 2013-08-29
Appeal (appellant (plaintiff Gilbert Aponte)) Denied

“Because the court applied a permissible test in evaluating the fee request, we affirm the judgment.”

Lavalais v. Village of Melrose Park
· 2013-10-24
Appeal (appellant (plaintiff Kyll Lavalais)) Granted in part

“For the reasons that follow, we vacate the dismissal of the race discrimination claims, affirm the dismissal of the retaliation claims, and remand.”

Campbell v. Forest Preserve District of Cook County
· 2014-05-15
Appeal (appellant (plaintiff David Campbell)) Denied

“The district court dismissed his claim on the ground that § 1981 does not create a private right of action against state actors. We agree; therefore, we affirm.”

McDowell v. Village of Lansing
13-3423 · 2014-08-18
Appeal (appellant (plaintiff Marlo McDowell)) Denied

“We hold that Officer Rodriguez's conduct, even according to McDowell's depiction of the record, was not sufficiently egregious to qualify as a constitutional tort or to vitiate his state-law immunity.”

Marinov v. Holder
11-3643 · 2012-08-01
Petition for review (petitioner (Stelian Marinov)) Denied

“The Board did not abuse its discretion in upholding the IJ's denial of Marinov's motion to reopen. We DENY the petition for review.”

Winston v. City of Chicago
13-3553 & 14-1371 · 2014-11-07
Appeal (appellant (City of Chicago)) Granted

“We thus conclude that the district court erred in ordering the City to indemnify Officer O'Brien's attorney's fees, and the two orders related to indemnification, to the extent that they hold the City responsible for attorney's fees, are REVERSED.”

A historical record

Judge Tinder no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.