Case law

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

Healy v. Metropolitan Pier & Exposition Authority

804 F.3d 836 · Court of Appeals for the Seventh Circuit · Oct 23, 2015

MPEA has not defined the process for converting workers or established standards for how workers qualify for conversion. Instead, Plaintiffs claim that conversion occurs “informally and without transparency.” C. … MPEA’s immunity guillotines Plaintiffs’ claim against it.

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

Kenneth Daugherty v. Richard Harrington

906 F.3d 606 · Court of Appeals for the Seventh Circuit · Oct 12, 2018

The district court granted the defendants’ motion for summary judgment in its entirety and further concluded that qualified immunity shielded them from liability. 4 No. … immun- ity on that claim.

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

Timothy Johnson v. Michael Rogers

Court of Appeals for the Seventh Circuit · Dec 17, 2019

First, the judge concluded that Rogers is entitled to qualified immunity, be- cause the procedure that led to Johnson’s broken leg did not violate any of his clearly established rights. … The qualified-immunity topic is more difficult. Public officials are entitled to immunity unless, by the time of the contested acts, it was clearly established that those acts vio- lated the Constitution. See Escondido v.

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.

Krueger v. City Of Algoma

1 F.3d 537 · Court of Appeals for the Seventh Circuit · Jul 28, 1993

If so, the police officer is shielded from liability by the principle of qualified immunity. See Malley v. … The district court proceeds to note: "The subsequent acts flowing from the stop also support Officer Haltaufderheid's qualified immunity. Todd Krueger, himself, admits that he had been drinking and that he was underage.

United States v. Jacob Stadfeld

689 F.3d 705 · Court of Appeals for the Seventh Circuit · Jul 27, 2012

Nothing in Cahill signals any departure from well-established voluntariness doctrine. Stadfeld also misunderstands Cichon. … Williams, 182 F.3d 562, 564 (7th Cir. 1999) (en banc) (holding that adaptation to adverse ruling on motion in limine did not waive established objection).

Anna Duzynski v. Victoria Nosal

324 F.2d 924 · Court of Appeals for the Seventh Circuit · Nov 21, 1963

When a jury trial is demanded, the jury shall consist of six persons, one of whom shall be a qualified physician. … Pape reveals that it has not yet been considered for its effect, if any, upon the well established rule of judicial immunity.”

Julian v. Hanna

732 F.3d 842 · Court of Appeals for the Seventh Circuit · Oct 21, 2013

The grant of tort immunities to public employees involved in law enforcement is commonplace, though in the case of police officers as distinct from judges and prosecutors the immunities normally are qualified rather than … absolute, and a qualified immunity would not protect the deliberately wrongful (indeed outrageous) conduct alleged in Julian’s complaint.

Driebel v. City Of Milwaukee

298 F.3d 622 · Court of Appeals for the Seventh Circuit · Aug 27, 2002

If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. 44 533 U.S. 194 , 121 S.Ct. 2151 , 2155-56, 150 L.Ed.2d 272 … Thus, we reject Chief Jones's defense of qualified immunity. 94 "Qualified immunity shields from liability government officials who are performing discretionary functions in the course of duty to the extent that their conduct

David Watts v. Kevin Jones

Court of Appeals for the Seventh Circuit · May 29, 2026

The question for qualified immunity: is it clearly es- tablished that public employees can be liable in damages when their choices do not lead to a prisoner’s bodily injury? … When concluding that Watts has clearly established law on his side, the district judge pointed to decisions such as Monfils v.

Theodore F. Wichmann v. Board of Trustees of Southern Illinois University

180 F.3d 791 · Court of Appeals for the Seventh Circuit · Jun 7, 1999

We therefore reaffirm our prior holdings that Congress clearly abrogated the states’ sovereign immunity under a valid exercise of its § 5 enforcement powers. II. Sufficiency of the Evidence A. … City of Chicago, 827 F.2d 120, 128 (7th Cir.1987) (Establishment Clause context); cf. also Cohen v.

Lee Mercado v. Thomas Dart

604 F.3d 360 · Court of Appeals for the Seventh Circuit · Apr 28, 2010

limits the jurisdiction of federal courts rather than establishing an immunity, see Calderon v. … Forsyth, 472 U.S. 511, 525–30 (1985), for situations in which a public official asserts an absolute or qualified immunity.

Wei Ye, Hao Wang, Does, A, B, C, D, E, F, and Others Similarly Situated v. Jiang Zemin and Falun Gong Control Office, A/K/A Office 610

383 F.3d 620 · Court of Appeals for the Seventh Circuit · Sep 8, 2004

The Executive Branch’s determination that a foreign leader should be immune from suit even when the leader is accused of acts that violate jus cogens norms is established by a suggestion of immunity. … Clearly such concerns would be greater when the suggested immunity involves a foreign leader. 9 .

Osteen v. Henley

13 F.3d 221 · Court of Appeals for the Seventh Circuit · Dec 30, 1993

In effect he is arguing that a state cannot waive its sovereign immunity in part; if the state doesn’t want to be sued in federal court, it can’t establish a court of claims to hear suits against it. … Almost certainly, qualified immunity does.

William Chavis v. Charles J. Rowe, Director, Illinois Department of Corrections

643 F.2d 1281 · Court of Appeals for the Seventh Circuit · Mar 11, 1981

While defendants, as state prison officials, enjoy a qualified immunity from damages in § 1983 actions, Procunier v. … Defendants must therefore prove that they acted in good faith before they are granted qualified immunity. Under the rule of Wood v.

Roger Peele v. Clifford Burch

722 F.3d 956 · Court of Appeals for the Seventh Circuit · Jul 9, 2013

Peele also asks us to address several other related issues, including conspiracy, qualified immunity, statu- tory immunity, and whether the City of Portage is liable under Monell v. … For example, a holding that the defendants are not entitled to qualified or statutory immunity would merely bar the defendants from pre- senting qualified or statutory immunity defenses.

United States v. John F. Puntillo

440 F.2d 540 · Court of Appeals for the Seventh Circuit · Apr 19, 1971

This evidence was admissible to establish the identification of the defendant and his engagement in the business of gambling. … Moreover, the evidence was so closely related both as to time and character to the specific offense with which the defendant was charged as to be clearly relevant.