Case law

Eric D. Holmes v. Marion County Sheriff's Office

Court of Appeals for the Seventh Circuit · Jul 21, 2025

Harris, 935 F.3d 670, 676 (9th Cir. 2019) (“[T]here are rare cases where an affirmative defense, such as immunity, may be so clear on the face of the complaint that dismissal may qualify as a strike for failure to state a … Immunity—particularly prosecutorial and qualified immun- ity—is often a contestable issue that requires the court to con- duct involved legal analysis.

White v. City of Chicago

829 F.3d 837 · Court of Appeals for the Seventh Circuit · Jul 21, 2016

The district court granted summary judgment for Officer O’Donnell on the federal claim for false arrest, finding that he was entitled to qualified immunity, and the court declined to exercise supplemental jurisdiction over … While the district court granted summary judgment for Officer O’Donnell on the basis of qualified' immunity, we conclude that he is entitled to summary judgment on the merits of the Fourth Amendment claim against him.

Allison, Charles P. v. Snyder, Donald

Court of Appeals for the Seventh Circuit · Jun 19, 2003

Katz, 533 U.S. 194, 201 (2001), so we discuss the merits along with the question whether the legal principles on which plaintiffs rely were so clearly established that persons in defendants’ posi- tion had to understand that … The three appellants prevail on the merits, without any need for qualified immunity.

Town of Hallie, Town of Seymour, Town of Union and Town of Washington, Wisconsin Townships v. City of Eau Claire, a Wisconsin Municipal Corporation

700 F.2d 376 · Court of Appeals for the Seventh Circuit · Feb 17, 1983

The State of California neither established nor reviewed the prices set by these private decision makers. … Brown immunity. 18 The only requirement for receiving immunity when a traditional municipal *385 function is involved is that the challenged restraint must be in furtherance or implementation of clearly articulated and affirmatively

Mordi v. Zeigler

870 F.3d 703 · Court of Appeals for the Seventh Circuit · Sep 5, 2017

After the district court rejected the officers’ assertion of qualified immunity on the Vienna Convention claims, they took an interlocutory appeal to this court. … As we noted earlier, we concluded that they were entitled to qualified immunity and in 2014 remanded the case for further proceedings.

Thomas Kolman, Thomas Codilis, Rick Pere v. Michael Sheahan, Sheriff of Cook County

31 F.3d 429 · Court of Appeals for the Seventh Circuit · Jul 12, 1994

If this circuit does not have an analogous case, perhaps Sheriff Sheahan was qualifiedly immune for his actions. See summary of qualified immunity law for patronage dismissal eases in Pounds v. … established law_ [C]losely analogous cases ... are required to find that a constitutional right is clearly established.”).

Tcherepnin v. Franz

570 F.2d 187 · Court of Appeals for the Seventh Circuit · Jan 23, 1978

Clearly, then, Knight was not immune from liability if, as the lower court found, he maliciously breached a discretionary duty to supervise the affairs of City Savings. … immunity as a public official.

Atkins v. City of Chicago

631 F.3d 823 · Court of Appeals for the Seventh Circuit · Jan 25, 2011

There are also sound procedural reasons for deciding the merits before deciding qualified immunity here. After Pearson v. … that do not frequently arise in cases in which a qualified immunity defense is unavailable.”

Brian Swetlik v. Kevin Crawford

738 F.3d 818 · Court of Appeals for the Seventh Circuit · Dec 23, 2013

Because we affirm on the merits, we do not reach the defense of qualified immunity. The judgment of the district court is AFFIRMED. . … Santini, 652 F.3d 45, 54 (1st Cir.2011) (reversing denial of qualified immunity to employer on summary judgment where city took employee’s criticisms "seriously and investigated them, basing its termination decision on the

In Re Theodore R. Price and Ollie P. Price, Debtors. Theodore R. Price and Ollie P. Price v. United States

42 F.3d 1068 · Court of Appeals for the Seventh Circuit · Dec 14, 1994

Justice Scalia, writing for the Court, held that § 106(e) did not waive the United States’ sovereign immunity with regard to monetary relief because it failed to unambiguously establish that the waiver extended to these types … Section 106 provides a limited waiver of sovereign immunity in bankruptcy cases, and is the only source for a waiver of immunity.

Victor Rios v. Michael P. Lane

812 F.2d 1032 · Court of Appeals for the Seventh Circuit · Feb 13, 1987

We turn now to the defendants’ claims of qualified immunity. … We conclude that the present situation is indeed analogous to Smith and thus, the defendants are not entitled to qualified immunity. However, we find that defendant Wombacher is not liable to Rios.

Zailey Hess v. Jamie Garcia

72 F.4th 753 · Court of Appeals for the Seventh Circuit · Jul 5, 2023

Hillsboro Independent School Dist., 81 F.3d 1395, 1406 (5th Cir. 1996) (“At least since 1987, the law has been clearly established that … physical sexual abuse by a school employee violates” due process right to bodily integrity … n.8 (reversing dismissal of claim based on officer sexually harassing arrested woman in back of squad car on the way to booking and noting that no qualified immunity would apply because the conduct was inherently wrong);

Marguerite Eades v. Donald J. Sterlinske, Bradley W. Huff and Julie Ewald

810 F.2d 723 · Court of Appeals for the Seventh Circuit · Jan 30, 1987

Third, a qualified “good faith” immunity would be virtually worthless because of the ease of alleging bad faith. … The answer to the first prong is already established. Judge Sterlinske presided over the plaintiff’s criminal trial and post-trial proceedings and thus was performing the normal duties of a judge.

Victoria Weiland v. Shawn Loomis

938 F.3d 917 · Court of Appeals for the Seventh Circuit · Sep 18, 2019

A public employee is entitled to immunity in §1983 litigation unless, at the time of the events in question, “clearly established” law would have made apparent to any public employee that his or her acts violated the Constitution … That was enough, the judge wrote, to make the right “clearly established.” The problem with this reasoning is that it starts and ends at a high level of generality.

George S. Toeller v. Wisconsin Department of Corrections

461 F.3d 871 · Court of Appeals for the Seventh Circuit · Aug 25, 2006

in employment against qualified persons with a disability, 42 U.S.C. §§ 12112 (a), 12111(2), (5), (7). … We therefore *876 take as established the fact that the FMLA passes that first hurdle.

Margaret H. Wright v. Illinois Department of Children & Family Services

40 F.3d 1492 · Court of Appeals for the Seventh Circuit · Nov 21, 1994

Second, without commenting at this juncture on possible alternative grounds for finding qualified immunity in this case, we note that as of the relevant time period it was clearly established in the law that punitive acts … and (2) Was the wrongfulness of the defendants’ conduct clearly established in the law at the time they acted?

Alice Chathas and Byron Ellis v. Norbert Smith, Individually and as Chief of Police of Village of Evergreen Park

884 F.2d 980 · Court of Appeals for the Seventh Circuit · Sep 5, 1989

qualified or absolute immunity. … Qualified immunity protects the defendants for their acts in 1981.

Hyung Koh v. Sung Kim

933 F.3d 836 · Court of Appeals for the Seventh Circuit · Aug 13, 2019

right was “clearly established at the time of the alleged violation.” … Ustich and Graf Turning now to Ustich and Graf’s appeal, they argue they are entitled to qualified immunity because it was not clearly established in June 2009 that their conduct during Mr.

James Hulbert v. Richard Wilhelm

120 F.3d 648 · Court of Appeals for the Seventh Circuit · Jul 7, 1997

This conclusion means that we must reach the individual defendants’ claim of qualified immunity. … We agree with the district court that the individual defendants were not entitled to qualified immunity.

Ross v. United States

910 F.2d 1422 · Court of Appeals for the Seventh Circuit · Aug 16, 1990

Because Deputy Johnson acted under the color of state law to cause this deprivation, he is liable unless he is entitled to qualified immunity on the grounds that the law was not clearly established at the time of the accident … We believe that this right was clearly established on that date.