Case law

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

Charles Golbert v. Marc Smith

Court of Appeals for the Seventh Circuit · Sep 8, 2026

They asserted, in the alternative, qualified immunity—a defense available in personal-capacity suits. … Finally, plaintiffs contend that the defendants assert the defense of qualified immunity—a defense not available in of- ficial-capacity suits—and therefore must have interpreted the complaint as alleging personal-capacity

Roger Arkebauer v. Michael Kiley, Individually and as State's Attorney of Shelby County, Illinois

985 F.2d 1351 · Court of Appeals for the Seventh Circuit · Mar 18, 1993

Arkebauer had “upheld his end of the bargain and his subsequent prosecution by the Shelby County State’s Attorney is clearly upon the same charges for which he was promised immunity by Ahola and the State Police.” … Here, however, Ahola clearly had jurisdiction over the crime in Macon County and could have taken Mr. Arke-bauer before a judge to obtain transactional immunity. Arkebauer, 751 F.Supp. at 787 .

Kenneth Wolf v. Ford Kennelly

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

Wolf’s second argument is that the district court abused its discretion because clearly established law foreclosed removal in this case. … As we discussed in Lott, the qualified immunity doctrine assumes that state officials are aware of existing case law and holds officials liable only if they violate clearly established and particularized rights.

Hayes v. Snyder

546 F.3d 516 · Court of Appeals for the Seventh Circuit · Oct 9, 2008

Because Hayes had “failed to establish the violation of a federal right,” the court found, he could not defeat the defendants’ claims for qualified immunity. On appeal, Dr. … Hamby has not presented an alternative argument to support a finding of qualified immunity.

United States v. Jimmy Doyle Wren and Charles Yarbor

363 F.3d 654 · Court of Appeals for the Seventh Circuit · Apr 14, 2004

He also testified that he was promised immunity. … Meadows, 91 F.3d 851 (7th Cir.1996), establish that, without guidance from expert witnesses, juries are not qualified to make determinations as to what statutory features exist on any particular firearm.

Thom Howell v. Shawn Smith

Court of Appeals for the Seventh Circuit · Apr 10, 2017

  were entitled to qualified immunity as a matter of law.  … Quali‐ fied immunity shields federal and state officials from money  damages unless a plaintiff demonstrates that the official vio‐ lated a statutory or constitutional right and that the right was  “clearly  established” 

Armstrong v. Squadrito

152 F.3d 564 · Court of Appeals for the Seventh Circuit · Jul 24, 1998

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), individual defendants receive immunity if their conduct did not violate a clearly established right. … In other words, because Coleman clearly established a right to a prompt appearance after arrest pursuant to a warrant, the individual defendants in this case cannot claim an entitlement to qualified immunity. 67 Thus, we

Frederick J. King v. Gerald Young and John Patterson

21 F.3d 430 · Court of Appeals for the Seventh Circuit · Jul 6, 1994

However, the district court correctly concluded that Patterson would not be entitled to qualified immunity because under Harlow v. … Fitzgerald, 457 U.S. 800, 818 (1982), "lying to a magistrate to obtain an arrest warrant would violate a clearly established constitutional right of which a reasonable person would have known."

Raymond Heyde v. Gary Pittenger

633 F.3d 512 · Court of Appeals for the Seventh Circuit · Jan 11, 2011

In the alternative, they argued that they were protected by qualified immunity. The district judge found Heyde’s claims to be premature under principles of comity. … Our approach to determining whether an official is entitled to absolute immunity is well established; we apply a functional approach. Buckly v. Fitzsimmons, 509 U.S. 259, 269 (1993).

Charles Reardon and Gregory Heinzel v. Gary Wroan, Ralph Ebert and Steve Ploense

811 F.2d 1025 · Court of Appeals for the Seventh Circuit · Jan 29, 1987

III Qualified Immunity Defendants assert that even if the requirements of Llaguno were not met, they are nonetheless entitled to qualified immunity. … Therefore defendants are not entitled to qualified immunity at this stage of the proceedings.

United States v. Willard Jeffries

854 F.2d 254 · Court of Appeals for the Seventh Circuit · Aug 11, 1988

[and] are immune from taxes[,] ... and no form 1023 was required.” Form 1023 is an IRS exemption form. … The jury was clearly told that if what the defendant did was a reasonable good faith misunderstanding of law, he should be found not guilty.

United States v. Charles W. Lawrence, Jr., Joseph A. Bertucci, and Norah S. Bertucci

934 F.2d 868 · Court of Appeals for the Seventh Circuit · Jun 10, 1991

activity and that “it was the regular practice of that business to make [the document] as shown by the testimony of the custodian or other qualified witness.” … In addition, the collective testimony of several of Defendants’ employees — testimony of custodians or otherwise qualified witnesses who can explain the recordkeeping of the organization — established the regular practices

Intercon Solutions, Inc. v. Basel Action Network

791 F.3d 729 · Court of Appeals for the Seventh Circuit · Jun 29, 2015

An anti-SLAPP statute is a specialized version of the tort of abuse of process, designed to reduce defense costs by creating an absolute or qualified immunity, and (in several states) by requiring early disposition of a motion … Illinois has its own anti-SLAPP statute, 735 ILCS 110/1 to 110/35, which creates a qualified immunity that can be resolved in federal court on a motion for summary judgment or at trial. (735 ILCS 110/20 contains a few procedural

James R. O'COnner v. Commonwealth Edison Company and London Nuclear Services, Inc., and United States of America, Intervenor-Appellee

13 F.3d 1090 · Court of Appeals for the Seventh Circuit · Jan 7, 1994

As the House Report clearly indicates, the primary purpose of the Act was to “se[t] forth comprehensive rules governing sovereign immunity”; the jurisdictional provisions of the Act are simply one part of this comprehensive … Scheribel establish that Dr. Scheri-bel’s methodology has no basis in scientific fact.

David L. Lewis v. Larry Mills

677 F.3d 324 · Court of Appeals for the Seventh Circuit · Apr 20, 2012

It is perhaps unsurprising that an establishment like the Playpen—which has since closed—was a haven for trouble. Indeed, the “secondary effects” of strip clubs are well-established. See, e.g., Fantasy Ranch, Inc. v. … The district judge granted their motions in full, ruling as follows: (1) Mills is entitled to absolute pros- ecutorial immunity; (2) Damilano is entitled to qualified immunity; (3) there is no evidence that Gray conspired

Bass v. Wallenstein

769 F.2d 1173 · Court of Appeals for the Seventh Circuit · Jul 30, 1985

or constitutional rights of which a reasonable person would have known____ If the law was clearly established, the immunity defense ordinarily should fail____ Id. at 818-19 , 102 S.Ct. at 2738-39 . … The determination whether the law was clearly established at the time of the incident giving rise to the section 1983 action is for the court, not the jury.

Jacob Sampson v. Federal Republic of Germany and Claims Conference, Article 2 Fund

250 F.3d 1145 · Court of Appeals for the Seventh Circuit · May 23, 2001

The Claims Conference administers the Hardship ■Fund, but its sole role is to determine whether the claimants meet the German guidelines — not to differentiate among qualified applicants in the amount of payment. … FSIA to grant immunity only if Congress clearly expressed such an intent.”).

Tamayo, Jeannette v. Blagojevich, Rod R.

Court of Appeals for the Seventh Circuit · May 27, 2008

allegations that anticipate and overcome a de- fense of qualified immunity.”). … Tamayo’s complaint as true, the defendants violated a clearly established constitu- No. 07-2975 29 tional right; therefore, a grant of qualified immunity is inappropriate at

Williams, Linda v. Jaglowski, Allen

Court of Appeals for the Seventh Circuit · Oct 15, 2001

II Whether police officers had probable cause to arrest a suspect and whether they are entitled to qualified immunity for the arrest are closely related questions, although qualified immunity provides the officers with … If the officers can establish that they had "arguable probable cause" to arrest the plaintiff, then the officers are entitled to qualified immunity, even if a court later determines that they did not actually have probable