Case law

John S. Gore v. Indiana University

416 F.3d 590 · Court of Appeals for the Seventh Circuit · Jul 25, 2005

The district court dismissed Gore’s age discrimination claim on sovereign immunity grounds. Gore does not appeal this ruling and rightly so. See Kimel v. … If the plaintiff can establish these four elements, the defendant has an opportunity to articulate a legitimate, nondiscriminatory reason for its action.

Lawson v. Veruchi

637 F.3d 699 · Court of Appeals for the Seventh Circuit · Jan 28, 2011

And if Veruchi had knowingly included this false informa- tion, then he also would not be entitled to qualified immunity because it was clearly established “that a warrant request violates the Fourth Amendment if the requesting … Gresbach, 526 F.3d 1008, 1013 (7th Cir. 2008) (“If the right was ‘clearly established,’ the official is not entitled to qualified immunity from suit.”).

Alex Pearson, Cross-Appellee v. George C. Welborn, Warden and Kristen Kwasniewski

471 F.3d 732 · Court of Appeals for the Seventh Circuit · Dec 8, 2006

Alternatively, he argues that he is entitled to qualified immunity because there was no clearly established law prohibiting retaliating on either ground. We consider these arguments in turn. … Governmental officials performing discretionary functions are entitled to qualified immunity when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Payne, Barbara v. Pauley, Michael

Court of Appeals for the Seventh Circuit · Jul 9, 2003

Officer Pauley is immune from suit, how- ever, if those rights were not clearly established at the time of her arrest such that it would have been clear to a rea- sonable officer that Pauley’s conduct was unlawful. … Having established the threshold question regarding the constitutional right under the Fourth Amendment, we must now complete the qualified immunity inquiry by determin- ing whether it would have been sufficiently clear to

Llaguno v. Mingey

739 F.2d 1186 · Court of Appeals for the Seventh Circuit · Jul 10, 1984

Appellants contend that since the officers should have known that their acts violated clearly established constitutional standards of probable cause, the defense of qualified immunity is unavailable to them as a matter of … Therefore, in view of the clearly established nature of the rights involved and the undisputed facts surrounding their conduct, qualified immunity is unavailable to the officers as a matter of law.

Janay Garrick v. Moody Bible Institute

Court of Appeals for the Seventh Circuit · Mar 18, 2024

No. 21-2683 claim—whether the law was clearly established when the de- fendant acted); see also 15A WRIGHT & MILLER at § 3911.2. … Church autonomy cases implicating immunity are even better candidates for interlocutory appeal than qualified im- munity cases.

Waukegan Potawatomi Casino, LLC v. City of Waukegan

Court of Appeals for the Seventh Circuit · Feb 14, 2025

immunity. … ”); Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (explaining that, to defeat qualified immunity, “existing precedent must have placed the statutory or consti- tutional question beyond debate”); Kisela v.

Hamilton v. City of New Albany

698 F. App'x 821 · Court of Appeals for the Seventh Circuit · Jun 16, 2017

immunity. … Thus, Brewer and Speights did not establish entitlement to qualified immunity. With that we turn to Hamilton’s claim against the City of New Albany under the Excessive Fines Clause of the Eighth Amendment.

Kelly Cherry v. University of Wisconsin System Board of Regents

265 F.3d 541 · Court of Appeals for the Seventh Circuit · Oct 11, 2001

. § 2000d-7(a), Congress clearly and unambiguously manifested its intent to condition the States’ receipt of Title IX funds on their waiver of immunity from suit. See Litman, 186 F.3d at 555 ; Pederson v. … Nor is the Board immune from Cherry’s Title IX claim because Congress clearly and unambiguously manifested its intent to condition the Board’s receipt of Title IX funds on its waiver of immunity, and in accepting such funding

Susie Hebron v. Catherine Touhy and Albert Parks

18 F.3d 421 · Court of Appeals for the Seventh Circuit · Mar 28, 1994

Gumz retains force for events predating Lester in the sense that public officials are entitled to qualified immunity for conduct that passed muster under Gumz. See Chathas v. Smith, 884 F.2d 980, 989 (7th Cir. 1989). … But qualified immunity presents a question of law for the court. Elder v. Holloway, — U.S. -, -, 114 S.Ct. 1019, 1022 , 127 L.Ed.2d 344 (1994); Warlick v. Cross, 969 F.2d 303, 305 (7th Cir.1992); cf. Nelson v.

Elijah Stanciel v. Richard B. Gramley, Captain Knight, and Sergeant Eaton

267 F.3d 575 · Court of Appeals for the Seventh Circuit · Sep 20, 2001

In the motion to dismiss, defendants asserted several defenses including Eleventh Amendment immunity, qualified immunity, and state law sovereign immunity. … attorney’s performance was deficient in several respects — counsel failed to address all of the issues in defendants’ motion to dismiss, respond to the court’s order to show cause why DOC should not be dismissed, and impeach clearly

Andrea Nielsen v. Richard Macleod

Court of Appeals for the Seventh Circuit · Feb 27, 2026

Clearly Established Duties of Prison Officials At all times relevant to this case, the law was clearly established that “a prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement … And it was clearly established that the same standard applies in sexual abuse cases, whether the threat comes from other inmates or, as in this case, from prison staff.

Jane Flaster Kuznitsky, Formerly Known as Jane Flaster Biggard v. United States

17 F.3d 1029 · Court of Appeals for the Seventh Circuit · Mar 1, 1994

Although the government clearly may waive its sovereign immunity, any such waiver cannot be implied but must be unequivocally expressed. United States v. … In order to qualify for the three-year filing period, the § 6672 penalty must be a tax “in respect of which ... the taxpayer is required to file a return.”

Robert Taylor v. Ricky Hughes

Court of Appeals for the Seventh Circuit · Feb 16, 2022

The bottom line there was not that the search was reasonable, but only that the executing officer acted in good faith and was entitled to qualified immunity: no case clearly established that he “could not proceed to search … An officer who makes an arrest is entitled to qualified immun- ity if “a reasonable officer could have believed [the] arrest to be lawful, in light of clearly established law and the 24

Roy Louis Ries, Jr. v. Robert J. Lynskey, Deputy Chief of Patrol 6th Area

452 F.2d 172 · Court of Appeals for the Seventh Circuit · Oct 18, 1971

Town of Caliente, 392 F.2d 546 (9th Cir. 1968), the court considered but rejected the contention that since sovereign immunity had been abolished in Nevada, the bar to action against a municipality established by Monroe v … The court finds that the intent of Congress was not to create municipal immunity but to defer to the immunity that existed under local common law.

Joyce D. Carter v. Casa Central

849 F.2d 1048 · Court of Appeals for the Seventh Circuit · Jun 27, 1988

That Casa Central wanted but did not receive additional reassurances is irrelevant because, as the district court found, Carter had established in early April that she was “otherwise qualified” and had communicated her qualifications … qualified."

Navreet Nanda v. Board of Trustees of the University of Illinois, Bellur Prabhakar, Gerald Moss

303 F.3d 817 · Court of Appeals for the Seventh Circuit · Sep 17, 2002

Garrett, 531 U.S. 356 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001), the Court established a higher bar for congressional abrogation of the States’ Eleventh Amendment immunity. … Thus, “all that is required to establish prima facie liability, and thus allow the plaintiff to get to the jury, is evidence of a disparity in treatment 6 between equally qualified workers of different sexes, from which discriminatory

William E. Luck v. C. Alan Rovenstine

168 F.3d 323 · Court of Appeals for the Seventh Circuit · Feb 16, 1999

Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (discussing the qualified immunity defense). … This alone is enough to defeat his individual capacity claim against the sheriff; we therefore have no occasion to discuss the question whether the sheriff would in any event be entitled to qualified immunity from suit.

Andrea Nielsen v. Margaret Burke

Court of Appeals for the Seventh Circuit · Feb 27, 2026

Clearly Established Duties of Prison Officials At all times relevant to this case, the law was clearly established that “a prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement … And it was clearly established that the same standard applies in sexual abuse cases, whether the threat comes from other inmates or, as in this case, from prison staff.

Wechselberg v. Flour City Nat. Bank

64 F. 90 · Court of Appeals for the Seventh Circuit · Oct 27, 1894

This immunity, which is an important advantage of membership, can only be secured by compliance with the statutory requirements for incorporation. … It is sufficient answer to the first objection that it is raised here in the first instance; that the evidence was all received without exception for variance, and the facts are clearly established by the findings.