Case law

Henry Clash v. Michael Beatty

77 F.3d 1045 · Court of Appeals for the Seventh Circuit · Mar 12, 1996

Beatty moved for summary judgment on the ground that he enjoys a qualified immunity from liability, because, even if he did what Clash described, those actions would not have violated any clearly established Fourth Amendment … When a defendant officer raises the defense of qualified immunity, the plaintiff bears the burden of showing the existence of the allegedly clearly established constitutional right. Rice v.

Jane ANDRE, Plaintiff-Appellant, v. the BENDIX CORPORATION, Defendant-Appellee

841 F.2d 172 · Court of Appeals for the Seventh Circuit · Mar 2, 1988

To meet her burden of establishing a prima facie case of discriminatory discharge, Andre must therefore show both that she was qualified for and satisfactorily performing the duties of her job. Lee v. … The district court held that Andre met her initial burden of establishing a prima facie case of discriminatory treatment because she proved that she was a member of a protected class, she was qualified for her position and

Cleveland-Perdue v. Brutsche

881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

Under the Harlow standard, qualified immunity should be granted when the official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … right allegedly violated must have been clearly established in a particularized sense.

Yu Kikumura v. C.A. Turner

28 F.3d 592 · Court of Appeals for the Seventh Circuit · Jun 27, 1994

The district court granted summary judgment in Turner’s favor, finding that Turner was entitled to qualified immunity, and that the challenged actions did not violate Kikumura’s “clearly established constitutional rights. … As our discussion of Kikumura’s claim for declaratory and injunctive relief (pages 597-99, below) demonstrates, this is a close question, and the point of qualified immunity and its “clearly established” requirement is that

James White v. Tammie Stanley

745 F.3d 237 · Court of Appeals for the Seventh Circuit · Mar 11, 2014

The court added that even if the argument had  not been waived, the deputies would not have been entitled  to qualified immunity because they violated a clearly estab‐ lished right.  … As  in  all  cases  concerning  qualified  immunity,  we  must  determine  whether  there  was  (1)  a  violation  of  (2)  a  clearly  established constitutional right. Pearson, 555 U.S. at 232. 

Estate of Derek Williams, Jr. v. Jeffrey Cline

Court of Appeals for the Seventh Circuit · Aug 31, 2018

It concludes, however, that we have jurisdiction to consider the second prong of the qualified-immunity analysis: whether those constitutional rights were clearly established. … legal questions related to qualified immunity.

Henderson v. DeRobertis

940 F.2d 1055 · Court of Appeals for the Seventh Circuit · Aug 15, 1991

In its judgment, the district court said it could not “find the right plaintiffs asserted under the facts of this case to have been clearly established in 1982 to remove defendants’ qualified immunity.” … The district judge’s post-verdict finding of a lack of any clearly established constitutional right under the facts of this case was erroneous, as was his resulting grant of the protection of qualified immunity to the defendants

Gustafson v. Jones

117 F.3d 1015 · Court of Appeals for the Seventh Circuit · Jun 27, 1997

Public officials performing discretionary functions are entitled to qualified immunity from civil damages “insofar as their conduct does not violate clearly established statutory *1021 or constitutional rights of which a … The court’s comments simply noted an undeniable fact about balancing tests, which is that they produce a wide gray area between the clearly legal and the clearly illegal, and the rules of qualified immunity require giving

Joni Zaya v. Kul Sood

836 F.3d 800 · Court of Appeals for the Seventh Circuit · Sep 6, 2016

“The doctrine of quali- fied immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Bussey, then his conduct violates clearly established law under the Eighth Amendment. See Petties, slip op. at 18.

Cleveland-Perdue v. Brutsche

881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In denying defendant’s qualified immunity motion, the district court concluded that Thomas v. Pate had clearly established the right at issue. This reliance was misplaced. As noted above, Thomas v.

Brian Cornfield, a Minor, by His Mother and Next Friend, Janet Lewis v. Consolidated High School District No. 230, Richard Spencer, and James Frye

991 F.2d 1316 · Court of Appeals for the Seventh Circuit · Apr 23, 1993

“Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights … Because Cornfield has not succeeded in placing the actions taken by Spencer and Frye outside a “clearly established” constitutional norm, they are entitled to qualified immunity. II.

Wilson v. Kelkhoff

86 F.3d 1438 · Court of Appeals for the Seventh Circuit · Jun 18, 1996

P. 12(b)(6), arguing that Wilson’s complaint failed to state a claim because, among other things, Brown, Moore, and Wells were entitled to absolute or qualified immunity and Kelkhoff was entitled to qualified immunity. … The question of whether a particular constitutional right is clearly established is reviewed de novo. Maltby v. Winston, 36 F.3d 548, 555 (7th Cir.1994), cert. denied, — U.S.-, 115 S.Ct. 2576 , 132 L.Ed.2d 827 (1995).

Estate of Ryan L. Clark v. Tina Kuehn

Court of Appeals for the Seventh Circuit · Jul 26, 2017

First, he argues that it is “doubtful” whether cir‐ cuit precedent can clearly establish law for purposes of quali‐ fied  immunity.  … Finally, Walker argues that the clearly established prohibi‐ tion on deliberate indifference to prisoners’ and jail inmates’  risk of suicide is too general to be enforceable for purposes of  qualified immunity. 

Strand v. Minchuk

910 F.3d 909 · Court of Appeals for the Seventh Circuit · Nov 8, 2018

For the law to be clearly established-the second prong of the qualified immunity analysis-the "existing precedent must have placed the statutory or constitutional question beyond debate." … This same factual dispute also prevents us from concluding, as Officer Minchuk urges, that Strand's clearly established constitutional rights were not violated, the second prong of the qualified immunity inquiry.

Cynthia Kernats v. Thomas O'Sullivan

35 F.3d 1171 · Court of Appeals for the Seventh Circuit · Sep 16, 1994

We may not' deny O’Sullivan the shield of qualified immunity unless Kernats can establish that as of December 1,1991, O’Sullivan’s alleged conduct violated clearly established rights under the Fourth Amendment. … Because the case law had not clearly established the unlawfulness of O’Sullivan’s alleged actions as of the time he acted, O’Sullivan was entitled to qualified immunity.

Nelson Edwards v. Michael Jolliff-Blake

Court of Appeals for the Seventh Circuit · Nov 1, 2018

  that  constitutional  right  was  clearly  established  at  the  time  of  the  alleged  violation.”  …   immunity);  Junkert,  610 F.3d at 370 (concluding officers were entitled to qualified  immunity based on  their reasonable  belief that  the  affidavit  established probable cause even though it left “much to be de‐ sired”)

Jesse Richardson v. Sergeant Curtis Bonds

860 F.2d 1427 · Court of Appeals for the Seventh Circuit · Nov 29, 1988

On February 29,1988, Judge Holder-man granted defendant’s motion for summary judgment, based on the defense of qualified immunity. … established law.

Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba v. Patricia Carter, and Governors State University

412 F.3d 731 · Court of Appeals for the Seventh Circuit · Jun 20, 2005

Only if the answer is affirmative does the court inquire whether the official enjoys qualified immunity. … She therefore is entitled to qualified immunity from liability in damages. Reversed.

Hannon v. Turnage

892 F.2d 653 · Court of Appeals for the Seventh Circuit · Jan 4, 1990

Hannon to defeat the defendants’ claim of qualified immunity, he must show that he had a clearly established property interest in continued employment with the VA. See Board of Regents v. … Hannon’s clearly established rights. Thus, the defendants are entitled to qualified immunity from Dr. Hannon’s claim that they deprived him of property without due process of law. C. Liberty Interest Dr.

Glenn Dale Simkunas v. Michael Tardi and Robert Troy

930 F.2d 1287 · Court of Appeals for the Seventh Circuit · May 3, 1991

Qualified Immunity Police officers are entitled to qualified immunity “if officers of reasonable competence could disagree” on whether there was probable cause to make an arrest. Malley v. … They were entitled to the defense of qualified immunity, and summary judgment on this basis was therefore appropriate. B.