Case law

Gloria Llaguno v. Edward Mingey

763 F.2d 1560 · Court of Appeals for the Seventh Circuit · Jun 5, 1985

identified as unlawful____ If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … In view of the Supreme Court’s decision in Payton , this rule of warrantless arrests is “clearly established law,” however, the related concept of probable cause is, at best, amorphous.

Milan v. Bolin

795 F.3d 726 · Court of Appeals for the Seventh Circuit · Jul 31, 2015

They argue that qualified immunity insulates them from liability — that is, that there was no established legal principle that would have informed them that they were using excessive force. … So while the defendants are correct to point out that a reasonable mistake committed by police in the execution of a search is shielded from liability by the doctrine of qualified immunity, Anderson v.

Marshall King v. Robert McCarty

781 F.3d 889 · Court of Appeals for the Seventh Circuit · Mar 27, 2015

immunity). … Perrill, 288 F.3d 1254, 1260 (10th Cir. 2002) (affirming denial of qualified immunity against pris- oner’s challenge to strip-search); Moton v. Walker, 545 F.

United States v. Yehuda Draiman

784 F.2d 248 · Court of Appeals for the Seventh Circuit · Feb 21, 1986

These letters qualify. Counts IX and X Draiman considers these mailings to be most clearly at odds with section 1341’s “in furtherance” requirement. … Draiman therefore asserts that the government was required to establish the accuracy of the summary and to provide the defense with copies of the underlying documents.

United States v. Roger W. Nelson

851 F.2d 976 · Court of Appeals for the Seventh Circuit · Aug 12, 1988

Neither of these findings is clearly erroneous. … known and to make favorable recommendations concerning what charges, if any, were brought against him” is not clearly erroneous.

Brian Nelson v. Carl Miller

Court of Appeals for the Seventh Circuit · Jul 1, 2009

Regarding remedies, Miller argued that injunctive relief was moot, that damages against him in his official capacity were barred under Section 1983, RLUIPA, and IRFRA, and finally, that he was protected by qualified immunity … The district court found that it was too early to conclude whether Miller was entitled to qualified immunity. The case was tried before the Magistrate Judge.

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.

Kijonka, Henry S. v. Seitzinger, Michael

Court of Appeals for the Seventh Circuit · Apr 14, 2004

We cannot find a reported Illinois case that found the elements of as- sault satisfied in any case remotely like this one, and this dooms Rietz’s defense of qualified immunity. … Kirksey, 885 F.2d 476, 478 (8th Cir. 1989), but it goes far to establish qualified immunity.

Hunter v. Muehler

650 F. App'x 287 · Court of Appeals for the Seventh Circuit · May 26, 2016

The district court granted summary judgment for Muehler on the ground of qualified immunity, and Hunter appeals. The background facts are straightforward. … Muehler characterized this defense as resting on the doctrine of qualified immunity, but effectively he was arguing that his use of force had not violated Hunter’s rights under the Fourth Amendment. See Tennessee v.

Claude Grow v. Thomas G. Fisher, Individually and in His Capacity as Prosecuting Attorney for the 30th Judicial Circuit of the State of Indiana

523 F.2d 875 · Court of Appeals for the Seventh Circuit · Oct 9, 1975

argues that a better balance could be struck between the rights of individuals and the interests of the public by limiting prosecutors to the good faith defense afforded to police officers for purposes of § 1983, i. e., a qualified … the facts alleged are insufficient to establish liability of the private persons under color of state law for purposes of the Civil Rights Act.

Amy Harnishfeger v. United States

Court of Appeals for the Seventh Circuit · Dec 3, 2019

Qualified Immunity Defendants also sought summary judgment on the de‐ fense of qualified immunity, arguing that Kopczynski did not violate clearly established constitutional law by demanding No. 18‐1865 … It is “an undeniable fact about balanc‐ ing tests,” such as Pickering’s, “that they produce a wide gray area between the clearly legal and the clearly illegal, and the rules of qualified immunity require giving the benefit

Jerry L. Deen v. Timothy Darosa, Dan Kent, Teresa Kettlekamp

414 F.3d 731 · Court of Appeals for the Seventh Circuit · Jul 8, 2005

In the alternative, the court held that the defendants were entitled to qualified immunity insofar as Deen had not shown he had a clearly established right to anything beyond the protections afforded to him under Loudermill … There is also no need to consider the defendants’ claims of qualified immunity. The judgment of the district court is Affirmed.

Mark Janus v. American Federation of State

Court of Appeals for the Seventh Circuit · Nov 5, 2019

An example that comes readily to mind is the qualified immunity doctrine, which is available for a public employee if the asserted constitutional right that she violated was not clearly established. … As we hinted earlier, however, the reason is simple: the liability of private parties under section 1983 was not clearly established until, at the earliest, the Court’s decision in United States v.

Carlisle W. Briscoe v. Sgt. Martin Lahue, Charles Talley, Jr. v. James D. Crosson, Chris P. Vickers, Sr. And James N. Ballard v. Sgt. James W. Hunley, Individually and in His Capacity as an Agent or Employee of the Cedar Lake, Indiana Police Department

663 F.2d 713 · Court of Appeals for the Seventh Circuit · Oct 27, 1981

Qualified immunity from § 1983 liability has been afforded to police officers, Pierson v. Ray, supra, school board officials, Wood v. … Horowitz, 535 F.2d 830 (3d Cir. 1976). 38 In addition to the established common law tradition of absolute immunity, we perceive two other reasons that justify this conclusion.

Mario A. Mora, Angel Marcias, and Roberto Ponce v. John L. Nunn, Charles Adkins, William Hartley, H. Vales, Capt. Dick Clark, and Robert Farley

23 F.3d 410 · Court of Appeals for the Seventh Circuit · Apr 6, 1994

We need not determine whether the defendants infringed upon the plaintiffs' state-created liberty interests because, even if they did, under the doctrine of qualified immunity they cannot be held liable. … The doctrine of qualified immunity shields government officials from liability for damages for discretionary acts that do not violate clearly established constitutional rights. Anderson v.

Spiegla, Nancy v. Hull, Eddie

371 F.3d 928 · Court of Appeals for the Seventh Circuit · Jun 14, 2004

Qualified Immunity In their motion before the district court, the Defendants argued that they were entitled to summary judgment on the basis of qualified immunity. … The defense of qualified immunity “is designed to protect government agents ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Eddie Adams v. Norman Carlson

521 F.2d 168 · Court of Appeals for the Seventh Circuit · Jul 29, 1975

It is well established that, under 28 U.S.C. § 2412 , 1 absent specific statutory authority, attorneys’ fees cannot be awarded against the United States. Alyeska Pipeline Service Co. v. … It is fundamental that “Congress alone has power to waive or qualify immunity,” United States v.

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

Jorge Gomez v. Illinois State Board of Education and Ted Sanders, in His Official Capacity as Illinois State Superintendent of Education

811 F.2d 1030 · Court of Appeals for the Seventh Circuit · Jan 30, 1987

The district court dismissed the suit in its entirety, clearly leaving itself with nothing else to decide. … For example, many states have provisions which deprive foreign corporations of the capacity to sue unless they first qualify to do business within the state, yet do not prevent such corporations from defending any action

Crue, Cydney A. v. Aiken, Michael

Court of Appeals for the Seventh Circuit · Jun 1, 2004

A secondary issue is whether Chancellor Aiken, in his indi- vidual capacity, is entitled to qualified immunity because the law at the time the e-mail was in force did not clearly establish that it violated the First Amendment … Qualified immunity protects from civil liability those who perform discretionary functions so long as “their conduct does not violate clearly established statutory or consti- tutional rights of which a reasonable person would