The judges also noted that participants referred by the justice system had different expectations regarding their freedom compared to voluntary participants. However, they acknowledged that while limitations existed, the Salvation Army could still be scrutinized for any potential abuse, provided that participants clearly outline their allegations.
Judge Jackson-Akiwumi’s Dissent
Circuit Judge Candace R. Jackson-Akiwumi disagreed, arguing that the plaintiffs had presented sufficient evidence to support their claims. She contended that the complaint’s 46 pages detailed significant threats and psychological harm, which were overlooked by the majority.
Judge Jackson-Akiwumi criticized the majority for imposing a new standard and failing to address the psychological impact of the plaintiffs’ alleged experiences.
Representatives for the Salvation Army and the plaintiffs did not immediately respond to requests for comment.
The Seventh Circuit panel included Judges Ripple, Scudder, and Jackson-Akiwumi. The plaintiffs are represented by Jennifer Bennett of Gupta Wessler LLP, while the Salvation Army is represented by Daniel W. Wolff of Crowell & Moring LLP.
