Case law

Marsha Wislocki-Goin v. Darlene Wanda Mears, and Lake County, Indiana

831 F.2d 1374 · Court of Appeals for the Seventh Circuit · Oct 21, 1987

date she was told she failed to qualify for position”)). 2. … We do not believe that this evidence is sufficient to establish that the district court’s decision was clearly erroneous, in light of the ample evidence showing that Ms.

Emiliano Hernandez v. Michael F. Sheahan, Sheriff of Cook County, and City of Chicago

455 F.3d 772 · Court of Appeals for the Seventh Circuit · Jul 26, 2006

Official immunities (judicial, legislative, absolute, qualified, quasi, and so on) are personal defenses designed to protect the finances of public officials whose salaries do not compensate them for the risks of liability … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), holds that governmental bodies whose own policies are unconstitutional cannot obtain a derivative benefit from the qualified immunity that may protect

Killinger, David v. Johnson, Don

Court of Appeals for the Seventh Circuit · Nov 24, 2004

P. 65(b), clearly a judicial function. Beard v. Udall, 648 F.2d 1264, 1269 (9th Cir. 1981), overruled on other grounds by Ashelman v. Pope, 793 F.2d 1072 (9th Cir. 1986); cf. Dykes v. … Killinger does not seriously dispute that such actions would normally qualify as judicial functions.

Brewer v. Wisconsin Division of Vocational Rehabilitation Services

21 F. App'x 457 · Court of Appeals for the Seventh Circuit · Oct 16, 2001

But we need not address immunity. Brewer’s official capacity claims and her claims against the DVR, a state agency, may not proceed because § 1983 does not authorize damages suits against states. See Vt. … To establish a § 504 violation, Brewer must demonstrate that (1) she is a handicapped individual as defined by the Rehabilitation Act; (2) she is otherwise qualified for participation; (3) the program receives federal financial

Robert E. Meadows and Cecil Smith v. The State of Indiana

854 F.2d 1068 · Court of Appeals for the Seventh Circuit · Aug 23, 1988

At about the same time, a Selective Retention Board was formed under Guard regulations to consider the retention value of 165 officers and warrant officers with the rank of colonel or below who had twenty years of qualified … The amended complaint does not clearly indicate whether those officials are being sued in their personal or official capacities.

Sallenger v. City of Springfield, Ill.

630 F.3d 499 · Court of Appeals for the Seventh Circuit · Dec 17, 2010

The district court denied the officers’ motion for summary judgment on that claim, finding they were not entitled to qualified immunity. … The officers appealed from this interlocutory order denying qualified immunity, and we upheld the district court’s decision. See Sallenger, 473 F.3d at 742.

Estate of Phillips v. City of Milwaukee

123 F.3d 586 · Court of Appeals for the Seventh Circuit · Aug 15, 1997

Likewise, “[b]ecause we find that there was no constitutional violation, it is unnecessary to consider whether [the officers] w[ere] entitled to qualified immunity.” Kraushaar v. … Phillips’ constitutional rights; thus, there is no need to decide if those rights were clearly established at the time of the encounter. See Siegert v.

Churchill v. Waters

977 F.2d 1114 · Court of Appeals for the Seventh Circuit · Oct 15, 1992

immunity from Churchill’s § 1983 claims. 6 III. … IMMUNITY The individual defendants argue that they are entitled to qualified immunity *1128 from Churchill’s claims because there was no clearly established law at the time of her discharge (or now) holding that it would

Trent Marion v. City of Corydon, Indiana

Court of Appeals for the Seventh Circuit · Mar 23, 2009

He claimed that defendants violated his Fourth Amendment rights and that the officials were not entitled to qualified immunity. … absent an underlying constitutional violation. 10 No. 08-2592 An officer conducting a search is entitled to qualified immunity where clearly established law does not show

Roe v. Elyea

631 F.3d 843 · Court of Appeals for the Seventh Circuit · Jan 28, 2011

Qualified Immunity Dr. … Elyea’s invocation of qualified immunity. 14 Although Dr.

Alex Pearson v. Anthony Ramos

237 F.3d 881 · Court of Appeals for the Seventh Circuit · Jan 22, 2001

is entitled to immunity requires freezing the law as of the date he acted. … Maass, 12 F.3d 1444, 1457-58 (9th Cir. 1993), which casts still further doubt on the district court’s denial of qualified immunity.

Ardeshir Goshtasby, and United States of America, Intervenor-Appellee v. Board of Trustees of the University of Illinois

141 F.3d 761 · Court of Appeals for the Seventh Circuit · Apr 13, 1998

Goshtasby alleges that he performed his job satisfactorily and that he was qualified for his position. He also alleges that each of the tenured individuals was younger and less qualified than he. … Unlike the statute at issue in City of Boeme , which the Court determined lacked modern examples of intentional discrimination, see — U.S. at-, 117 S.Ct. at 2169, the evidence before Congress established that qualified workers

Miguel Santos v. Compagnie Nationale Air France

934 F.2d 890 · Court of Appeals for the Seventh Circuit · Jun 13, 1991

In general, plaintiffs are entitled to conduct discovery for the limited purpose of establishing jurisdictional facts under the Immunities Act prior to any dismissal. See, e.g., Filus v. … At least our research has not found any cases that clearly belong in this category.

John Terry, Individually and as the Natural Father and Next Friend of Jaidah Terry, a Minor v. Cherry Richardson

346 F.3d 781 · Court of Appeals for the Seventh Circuit · Nov 24, 2003

ANALYSIS On appeal, Richardson’s principal contention is that she is entitled to judgment as a matter of law because qualified immunity blocks John’s claims. … Because there was no constitutional violation, it is unnecessary to reach the second step of the qualified immunity analysis, which asks whether John’s rights were *788 clearly established at the time Richardson acted.

Andree v. Ashland County

818 F.2d 1306 · Court of Appeals for the Seventh Circuit · May 5, 1987

We note, however, that officials such as Wilmot are ordinarily entitled to qualified immunity. Compare Malley v. … As the cited cases indicate, it may well be that Wilmot is entitled to absolute immunity for some of his actions, but only qualified immunity for others. We need not decide the issue.

Holocaust Victims of v. OTP Bank

692 F.3d 638 · Court of Appeals for the Seventh Circuit · Aug 22, 2012

We clearly have jurisdiction over MNB’s appeal of the denial of sovereign immunity and address the merits of that defense in a separate opinion in Abelesz v. Magyar Nemzeti Bank. ___ F.3d ___. … Islamic Republic of Iran, 637 F.3d 783, 789 (7th Cir. 2011) (FSIA sovereign immunity), citing Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) (qualified immunity), and Nixon v.

James C. Matlock v. Thomas v. Barnes, in His Capacity as the Mayor of the City of Gary

932 F.2d 658 · Court of Appeals for the Seventh Circuit · May 15, 1991

Defendants include in their brief an argument that they should have been granted summary judgment on grounds of qualified immunity. Defendants previously filed two interlocutory appeals raising this same issue. … We consolidated the two appeals and dismissed them, finding that the dismissal of the individual capacity suits made resolution of the qualified immunity issue moot. Matlock v.

Maurice Lewis v. City of Chicago

Court of Appeals for the Seventh Circuit · Jan 23, 2019

“Qualified immunity attaches when an official’s conduct does not violate clearly established statuto- ry or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … Qualified immunity requires a two- part inquiry: we must determine (1) whether facts alleged or shown by a plaintiff make out a violation of a constitutional right, and (2) if so, whether that right was clearly established

Thomas Carter and Colleen Carter v. United States

982 F.2d 1141 · Court of Appeals for the Seventh Circuit · Dec 29, 1992

The United States is not a “qualified provider.” The charge used to finance the pool is a tax, from which the national government is immune. … Often this works to the advantage of victims: immunities with which states may clothe their public bodies do not protect the United States.

Curtis Lovelace v. James Keller

Court of Appeals for the Seventh Circuit · Dec 22, 2021

Nos. 20-3254 & 20-3255 9 At summary judgment, Gibson, his fellow City of Quincy defendants, and Keller all asserted qualified immunity. … We recognize only one qualification to that principle, “when the officer seeking immunity is willing to take the factual is- sues off the table and accept (for purposes of the qualified immunity motion) the factual account