Case law

Doornbos v. City of Chicago

868 F.3d 572 · Court of Appeals for the Seventh Circuit · Aug 18, 2017

Nonetheless we concluded the unlawfulness of that behavior had not been clearly established, so the officers were protected by-qualified immunity. See Catlin, 574 F.3d at 369 . … established” for qualified immunity purposes that plainclothes officers with a warrant had to identify themselves). .

Kenneth Neiman v. Thomas M. Keane

232 F.3d 577 · Court of Appeals for the Seventh Circuit · Nov 13, 2000

The officer procuring the warrant, however, enjoys not absolute but qualified immunity with respect to his actions in the application of the warrant. See Malley v. … Ward, 94 F.3d 1052, 1058 (7th Cir.1996) (citation and internal quotations omitted). *581 In this case, the record clearly shows that the detective investigated and relied on sufficient information to establish a reasonable

Robert Holleman v. Dushan Zatecky

951 F.3d 873 · Court of Appeals for the Seventh Circuit · Mar 6, 2020

The question for us today is whether that transfer violated Holleman’s clearly established right to be free from retaliation for protected First Amendment activity, such that his suit can overcome qualified immunity. … To overcome qualified immunity, the facts viewed in the light most favorable to Holleman must “show that the defendant[s] violated a constitutional right” and that “the right was clearly established at [that] time.”

Officer James T. McGreal v. Eric Ostrov, Doctor, Village of Alsip, Kenneth Wood, Chief of the Alsip Police Department

368 F.3d 657 · Court of Appeals for the Seventh Circuit · May 10, 2004

In the alternative, the court found that Wood and Snooks were entitled to qualified immunity because the law surrounding McGreal’s claim was not clearly established at the time of these events. … The law to that extent was clearly established[.] 290 F.3d at 913 .

Smoke Shop, LLC v. United States

761 F.3d 779 · Court of Appeals for the Seventh Circuit · Aug 4, 2014

We must decide whether the DEA’s seizure and deten- tion of Smoke Shop’s incense products qualifies for CAFRA’s re-waiver. … In any event, Smoke Shop’s complaint fails to make out a plausible case that its situation qualifies for § 2680(c)(1).

Mark A. Pierson, Warden v. Rod Blagojevich, Governor, and Roger E. Walker, Jr.

437 F.3d 587 · Court of Appeals for the Seventh Circuit · Feb 10, 2006

Rod Blagojevich and Roger Walker appeal the district Court’s denial of their motion for judgment on the pleadings based on qualified immunity. … Riley — clearly confers policy-making discretion. The question is thus the reliability of the job description attached to the defendants’ answer.

United States v. Robert Mykytiuk

402 F.3d 773 · Court of Appeals for the Seventh Circuit · Apr 1, 2005

In the qualified immunity context, which uses a similar analysis, see Malley v. … immunity,” Sonnleitner v.

Rachel Ybarra v. City of Chicago

946 F.3d 975 · Court of Appeals for the Seventh Circuit · Jan 3, 2020

I would affirm summary judgment on the narrower ground of qualified immunity on plaintiff’s Fourth Amendment claim. In briefing in this court, plaintiff effectively conceded that qualified immunity is appropriate. … immunity.

Bivens v. Trent

591 F.3d 555 · Court of Appeals for the Seventh Circuit · Jan 6, 2010

Therefore, we need not consider whether Bivens can establish the other necessary elements, 2 or whether the *560 defendants are entitled to qualified immunity. … The defendants also argued that even if Bivens's speech was protected and even if he had shown enough evidence to save his retaliation claim, they were entitled to summary judgment under the doctrine of qualified immunity

David M. Schlessinger v. George Salimes

100 F.3d 519 · Court of Appeals for the Seventh Circuit · Nov 15, 1996

The court granted summary judgment to Sal-imes on the ground of qualified immunity. Claims against the remaining defendants collapsed because Schlessinger neglected to inform the court how they could be liable. … He contends that “it is time to revisit the approach taken by the Court in earlier cases, and allow juries to decide the issues of fact relevant to claims of qualified immunity.”

Catledge v. City of Chicago

666 F. App'x 558 · Court of Appeals for the Seventh Circuit · Dec 13, 2016

immunity. … A police officer loses the shield of qualified immunity if the facts, viewed in the light most favorable to the plaintiff, demonstrate that the officer’s conduct constituted a violation of a clearly established constitutional

Peirick v. Indiana University-Purdue University Indianapolis Athletics Department

510 F.3d 681 · Court of Appeals for the Seventh Circuit · Dec 14, 2007

And Human Resources paperwork demonstrates quite clearly that throughout her tenure Peirick was designated an hourly employee. … Hawaii, 791 F.2d 759, 761 (9th Cir.1986) (holding that the University of Hawaii and its board of regents “are clearly immune as agencies of the state”); Harden v.

Churchill v. Waters

977 F.2d 1114 · Court of Appeals for the Seventh Circuit · Dec 9, 1992

immunity from Churchill's § 1983 claims. 6 III. … IMMUNITY 58 The individual defendants argue that they are entitled to qualified immunity from Churchill's claims because there was no clearly established law at the time of her discharge (or now) holding that it would be

United States v. William R. Palumbo

897 F.2d 245 · Court of Appeals for the Seventh Circuit · Mar 2, 1990

established [its] knowledge of Pa-lumbo’s involvement prior to the proffer.” … The district court accepted the government’s proof as sufficient to demonstrate that the indictment had been obtained on evidence wholly independent of the proffered statement: “The government clearly established [its] knowledge

Jack Morgan v. BOP

129 F.4th 1043 · Court of Appeals for the Seventh Circuit · Feb 28, 2025

At the pleading stage, “the plaintiff must ‘clearly … allege facts demonstrating’ each element” of standing for each form of relief he seeks. Spokeo, 578 U.S. at 338 (quoting Warth v. … On this claim, he has alleged suffi- cient facts to establish standing.

Mildred A. Belluomini, Individually and as Independent of the Estate of Harry Belluomini, Deceased v. United States

64 F.3d 299 · Court of Appeals for the Seventh Circuit · Sep 26, 1995

If one does not qualify as a loaning employer under this provision, there is an alternative test. … Because we believe that GSSC qualifies as a statutory loaning employer, we need not address the second test.

United States v. Robert A. Burke

425 F.3d 400 · Court of Appeals for the Seventh Circuit · Sep 28, 2005

The government sought to introduce 404(b) evidence to establish that Burke offered to perform various services, not to establish that he in fact performed those offers. … Even potential interference with a line of inquiry can establish materiality. Id.

Ezell Littleton v. Peyton Berbling, Individually and as State's Attorney for Alexander County, Illinois

468 F.2d 389 · Court of Appeals for the Seventh Circuit · Dec 11, 1972

Clearly, the statutes themselves are silent on the issue of immunity save for the fact that the term “every person” is used. … It has long been established that police officers have no immunity from civil liability under 42 U.S.C. § 1983 , Monroe v. Pape, supra.

Gregory Barnes v. Board of Trustees of the Unive

946 F.3d 384 · Court of Appeals for the Seventh Circuit · Jan 3, 2020

) someone outside the protected class who was “not better qualified” was hired instead. … Although con- stitutional immunity extends to non-consenting arms of the state, see Carmody v.

Nathaniel Lindell, Cross-Appellee v. Matthew J. Frank, and Cindy O'DOnnell

377 F.3d 655 · Court of Appeals for the Seventh Circuit · Aug 13, 2004

The court found that the defendants had qualified immunity, however, precluding an award of damages on that claim. … Accordingly, the district court was correct in concluding that Lindell’s constitutional right to receive clippings was not clearly established, and as a result defendants are entitled to qualified immunity on this claim.