Case law

Golden v. HELEN SIGMAN & ASSOCIATES, LTD.

611 F.3d 356 · Court of Appeals for the Seventh Circuit · Jul 2, 2010

Grant, 22 F.3d 149, 157 (7th Cir. 1994), clearly granted Sigman absolute immunity under Illinois law. … IV Both Sigman and Thomas have asked this court to impose sanctions on Golden for pursuing an appeal that clearly lacked merit.

United States v. Tony Hurlburt

835 F.3d 715 · Court of Appeals for the Seventh Circuit · Aug 29, 2016

Hurlburt has a prior conviction for armed burglary, and at sentencing he con *719 ceded that this conviction qualifies as a predicate crime of violence. … Second, the residual clause “leaves uncertainty about how much risk it takes for a crime to qualify as a violent felony.” Id. at 2558.

Hugo Anderson v. Ralph H. Holton, as District Director

242 F.2d 596 · Court of Appeals for the Seventh Circuit · Apr 4, 1957

However, Congress did not provide statutory standards for determining who, among qualified applicants for suspension, should receive the ultimate relief. … The statute says that, as to qualified deportable aliens, the Attorney General ‘may, in his discretion’ suspend deportation.” Jay v.

Valerie Boruski v. The United States of America, Merck, Sharp and Dohme Company, and the City of Chicago, a Municipal Corporation

803 F.2d 1421 · Court of Appeals for the Seventh Circuit · Oct 10, 1986

United States, 682 F.2d 613, 623 (7th Cir.1982) (reliance necessary to establish that alleged negligence caused the injury). … In the present case, as in Dalehite , the technical decision-making, consistent with specifications and directions of the established immunization plan as outlined by the government officials’ affidavits, is not actionable

Walter Goudy v. Rodney Cummings

Court of Appeals for the Seventh Circuit · May 1, 2019

Cummings and Napier urge us to frame the qualified  immunity  issue  regarding  the  notes  as  follows:  “whether  it  was  clearly  established  in  1994  that  an  initial  denial  of  in‐ volvement  by  a  suspect,  when … But  if  they did, they cannot use qualified immunity to avoid liabil‐ ity. 

Vargas-Harrison, Jua v. Racine Unified

Court of Appeals for the Seventh Circuit · Nov 30, 2001

In the alternative, the Administrators sought to be dismissed from the case on qualified immunity grounds. … She also submitted that the Administrators were not entitled to qualified immunity because they had violated her clearly established right to speak on matters of public concern.

Antoine v. Ramos

497 F. App'x 631 · Court of Appeals for the Seventh Circuit · Dec 5, 2012

To establish a prima facie case of retaliation, an inmate must produce evidence that (1) he engaged in constitutionally protected speech, (2) he suffered a deprivation likely to deter protected speech; and (3) his protected … And though Robertson presses his defense of qualified immunity (which he raised in the district court), that defense offers him no protection because a prisoner’s First Amendment right to file grievances is clearly established

Toeller, George S. v. WI Dept Corrections

Court of Appeals for the Seventh Circuit · Aug 25, 2006

Pelletier, 516 U.S. 299 (1999), held to the contrary, in the closely-related area of interlocutory appeals from denials of motions to dismiss on qualified immunity grounds. See id. at 307. … We therefore take as established the fact that the FMLA passes that first hurdle.

Hagan v. Quinn

867 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 14, 2017

to qualified immunity. … Hagan, 84 F.Supp.3d at 831-32 , The court held in the alternative that defendants were entitled to qualified immunity. Id, at 832-33. The district court dismissed plaintiffs’ First Amendment claims with prejudice.

Nelson, Coralynn F. v. La Crosse County Dis

Court of Appeals for the Seventh Circuit · Aug 23, 2002

There is no dispute that the text of Section 106(a) clearly and unequivocally ex- presses a clear legislative intent to abrogate state sover- 8 eign immunity. See, e.g., Kimel v. … Id. 12 No. 01-1261 gress to abrogate state sovereign immunity, its recent fed- eralism decisions are clearly dispositive of the issue.

Walter Goudy v. Rodney Cummings

Court of Appeals for the Seventh Circuit · May 1, 2019

Cummings and Napier urge us to frame the qualified  immunity  issue  regarding  the  notes  as  follows:  “whether  it  was  clearly  established  in  1994  that  an  initial  denial  of  in‐ volvement  by  a  suspect,  when … But  if  they did, they cannot use qualified immunity to avoid liabil‐ ity. 

Brian Bruggeman by and Through His Parents, Kenneth and Carol Bruggeman v. Rod Blagojevich

324 F.3d 906 · Court of Appeals for the Seventh Circuit · Apr 7, 2003

Snyder, 213 F.3d 344, 347 (7th Cir.2000), which holds that only a state, and not state officials, may be sued for violations of the ADA and that the state is immune from suit by virtue of the Eleventh Amendment. … Not that standing and the merits are always or in this case clearly distinct.

Kevin Culp v. Kwame Raoul

921 F.3d 646 · Court of Appeals for the Seventh Circuit · Apr 12, 2019

Illinois established a licensing and monitoring scheme to achieve this public-safety objective, yet the unrefuted evidence shows that information deficits inhibit the State's ability to monitor the ongoing qualifications … Licenses would have to issue along eligibility standards incapable of being verified or, at the very least, below those established by the State legislature for its own residents.

John Doe, Alexis Doe v. United States

838 F.2d 220 · Court of Appeals for the Seventh Circuit · Jun 30, 1988

That waiver is qualified by 28 U.S.C. § 2680 (h) which bars suits against the United States for “[a]ny claim arising out of assault [or] battery____” As an exception to the government’s waiver of sovereign immunity, § 2680 … “Only when Congress has clearly and unequivocally expressed its consent to suits against the United States may courts entertain such actions.” Id. (citing United States v.

In Re Corrugated Container Antitrust Litigation. Appeal of John Conboy, Deponent

661 F.2d 1145 · Court of Appeals for the Seventh Circuit · Oct 16, 1981

the testimony because of the ‘well-established [exclusionary] rule’ . . . . ” 620 F.2d at 1093 . … The impropriety of such immunity is clearly explained by the court in Ellis v.

Easter House, an Illinois, Not-For-Profit Corporation v. Thomas Felder, Florence McGuire and Joan Satoloe

879 F.2d 1458 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

The issue is whether a single act of employee misconduct, which clearly contravenes established state policy and procedure as contained within formal rules, regulations, and statutes, automatically becomes the state’s new … It also characterizes the state road to recovery as a “lengthy and speculative process,” especially in light of the appellants’ potential qualified immunity claims.

Charles Earl Jacobson v. Nick F. Schaefer

441 F.2d 127 · Court of Appeals for the Seventh Circuit · Apr 13, 1971

*129 Judicial immunity is traditionally considered to be one of the best established of our common law doctrines. … On the other hand, a District Court decision within this circuit has held that the doctrine would not apply to the commission of a “clearly illegal act” on the part of the judge. Luttrell v.

Perez-Gonzalez v. Lashbrook

904 F.3d 557 · Court of Appeals for the Seventh Circuit · Sep 17, 2018

Perez-Gonzalez contends the plea agreement immunized him from contempt proceedings. … The State never promised immunity from contempt proceedings or implied any such promises.

In the Matter of Richard L. Kochell, Debtor-Appellant

732 F.2d 564 · Court of Appeals for the Seventh Circuit · Apr 12, 1984

Plumb, The Recommendations of the Commission on Bankruptcy Laws — Ex empt and Immune Property, 61 Va.L.Rev. 1, 58-59 (1975). … Such accounts are clearly includable in the estate. In re Mace, 4 Bankr.Ct.Dec. (CRR) 94 (D.Or.1978); In re Wilson, 3 Bankr.Ct.Dec. (CRR) 844 (Bankr.N.D.Tex.1977).

Robert McDaniel v. Salam Syed

115 F.4th 805 · Court of Appeals for the Seventh Circuit · Sep 16, 2024

Eleventh Amendment Sovereign Immunity Sovereign immunity bears on whether a federal court may hear a case, so we address it before reaching the merits. See Seminole Tribe of Florida v. … to assign him to a no-stairs unit. 16 We read these cases, taken together, as establishing a few general principles.