Case law

Thillens, Inc., an Illinois Corporation v. The Community Currency Exchange Association of Illinois, Inc., Appeal of John F. Wall and Walter McAvoy

729 F.2d 1128 · Court of Appeals for the Seventh Circuit · Jun 11, 1984

Brandhove, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951), four of the leading cases establishing the scope of official immunity. … The doctrine of official immunity clearly is implicated in this federal civil action. 1 Thillens contends, nevertheless, that application of the doctrine is improper because the defendants’ actions it challenges were outside

United States v. Hyman Schmidt, Marvin Gene Grulke, Chester Folak

760 F.2d 828 · Court of Appeals for the Seventh Circuit · Apr 26, 1985

The defendant first contends that the finding that no promises of immunity were made is clearly erroneous. We disagree. … If the evidence established that [the defendant] clearly created the impression, not by words but by deeds [that gifts were required for favorable treatment he] could not escape conviction. *833 742 F.2d at 691-92 . 7 .

Carter, Dawn E. v. Simpson, Randall

Court of Appeals for the Seventh Circuit · May 13, 2003

The district court granted summary judgment for Simpson, concluding that Simpson had immunity for any alleged negligent conduct and that Simpson’s conduct could qualify as neither willful and wanton nor a depriva- tion of … Illinois case law is unclear on what conduct by a driver of an emergency vehicle may qualify as willful and wanton.

Dr. Iris I. Varner, and United States of America, Intervening v. Illinois State University

226 F.3d 927 · Court of Appeals for the Seventh Circuit · Sep 6, 2000

In our initial consideration of this case, we affirmed the district court in all respects, finding that Congress clearly intended to abrogate the States’ Eleventh Amendment immunity through its passage of the Equal Pay Act … ’ claim of sovereign immunity and denied their motion to dismiss.

Webb v. Choate

230 F.3d 991 · Court of Appeals for the Seventh Circuit · Oct 25, 2000

On July 8, 1996, he made a request for accommodation from Choate because his ability to breathe, walk, and work was impaired by his asthma, osteoporosis, and weakened immune system. … We can easily imagine that the line between patients "known" and "unknown" to be violent and/or infectious would be difficult to establish during a typical day at Choate.

Chaunte Ott v. City of Milwaukee

682 F.3d 552 · Court of Appeals for the Seventh Circuit · May 29, 2012

No state sovereign immunity issues are triggered by this subpoena because no ultimate relief is being sought from them. … An agent of the postal service surely qualifies as a “person at least 18 years of age and not a party.”

United States v. John H. Weidman, Jr.

572 F.2d 1199 · Court of Appeals for the Seventh Circuit · Mar 31, 1978

The 1972 Immunity Discussions The 1972 immunity discussions between Walter Cox and the Government were cut short when Cox withdrew from further negotiations after receiving an anonymous threat on the life of his son. 5 These … Quite clearly, then, the appellant’s argument on appeal entails the conclusion that the testimony of the U.S. Attorney was false.

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.

Renaldo Hernandez, and David A. Cerda v. Joliet Police Department, Francis Ruettiger, Tom Stein

197 F.3d 256 · Court of Appeals for the Seventh Circuit · Nov 22, 1999

Under the circumstances of this case, this combination of events fails to qualify as “a special administrative burden” under Shenvin Manor and thus does not qualify as an actionable Equal Protection claim. … Hernandez next argues that even absent extraordinary governmental scrutiny, Officer Stein’s phone call to his employer alone establishes a § 1983 violation.

Whitfield v. International Truck & Engine Corp.

755 F.3d 438 · Court of Appeals for the Seventh Circuit · Jun 6, 2014

Under this method, Whitfield must establish a prima facie case consisting of four elements: (1) he was a member of a protected class; (2) he applied for an open position for which he was qualified; (3) he did not receive … This district court’s reliance on these speculative justifica- tions was clearly erroneous.

Valentino v. Village of South Chicago Heights

575 F.3d 664 · Court of Appeals for the Seventh Circuit · Jul 30, 2009

The district court also found that the Village was immune to Valentino’s Illinois tort claim under section 2-201 of the Illinois Tort Immunity Act. … Municipal defendants are required to establish both of these elements in order to invoke immunity under section 2-201.”) (citations omitted).

Danny Kladis v. Leonard Brezek and David Shilling

823 F.2d 1014 · Court of Appeals for the Seventh Circuit · Jun 10, 1987

Kladis also asserts that the district court erred by giving a qualified immunity instruction concerning his excessive force claim. However, we need not consider this contention. … Therefore, the jury had no opportunity to consider the issue of qualified immunity. Kladis also challenges the district court’s instruction regarding his probable cause claim.

In the Matter of Merchants Grain, Incorporated, Debtor. Appeal of Edmund M. Mahern, Trustee for Merchants Grain, Incorporated

59 F.3d 630 · Court of Appeals for the Seventh Circuit · Jun 30, 1995

The Ohio Commodity Advisory Commission was established to aid the Director in his duties with respect to the Fund. … The burden is on the defendants in this case, as the parties asserting a *637 constitutional violation, to establish that Congress acted in an arbitrary and irrational manner.

Jeffrey E. Felce v. Patrick Fiedler, Earl Brunk, Also Known as Andy Brunk, David H. Dhein, and James L. Schansberg

974 F.2d 1484 · Court of Appeals for the Seventh Circuit · Sep 15, 1992

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages when their conduct does not violate “clearly established statutory or constitutional rights of … Thus, in assessing the qualified immunity claim, our concern is whether statutes or caselaw existed in November 1990 to establish clearly that a state prisoner *1501 scheduled for mandatory release parole had a right under

Aaron Lindh v. James P. Murphy, Warden

96 F.3d 856 · Court of Appeals for the Seventh Circuit · Sep 12, 1996

Under the new scheme, the only permissible reference to federal constitutional law is to clearly established Supreme Court precedent. … Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978) (holding that a judge enjoys absolute immunity for judicial acts within his jurisdic *889 tion), or qualified immunity, see Malley v.

Dykema, Michael v. Skoumal, Michael

Court of Appeals for the Seventh Circuit · Aug 17, 2001

Dykema maintains that this is an interlocutory appeal since Skoumal’s claim of qualified immunity was denied by the district court on a motion for summary judgment because the court found that there were disputed issues of … However, Skoumal has conceded Dykema’s version of the facts and challenges only whether those conceded facts establish a violation of clearly established law. See Coady v.

MCI Telecommunications Corp. v. Illinois Commerce Commission

168 F.3d 315 · Court of Appeals for the Seventh Circuit · Feb 10, 1999

Section 252 sets out the process by which incumbent LECs and prospective carriers establish interconnection agreements. … When Congress gives states a genuine choice, clearly stated, as to whether or not to waive their sovereign immunity, the doctrine of constructive waiver survives Seminole Tribe .

Jon T. Liegakos v. Maryanne Cooke, Warden, Kettle Moraine Correctional Institution

106 F.3d 1381 · Court of Appeals for the Seventh Circuit · Feb 14, 1997

On this issue, then, the amended § 2254(d)(1) applies, and to obtain relief Liegakos must show that the decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … The law was not “clearly established” in 1987 (or today) that state transactional-immunity statutes violate the compulsory process clause of the sixth amendment.

Arline M. Soderbeck v. Burnett County, Wisconsin, and Robert Kellberg, Individually and as Sheriff of Burnett County

821 F.2d 446 · Court of Appeals for the Seventh Circuit · Jun 16, 1987

However this court has stated that: “The law of the case doctrine, however, is not an immutable concept, and should not be applied where the law as announced is clearly erroneous, and establishes a practice which is contrary … Accordingly, unless we were to now hold that our determination in Soderbeck I that Sheriff Kellberg was not a policymaking official of the county under Wisconsin law was “clearly erroneous, and established] a practice which

Tracy Conley v. United States

5 F. 4th 781 · Court of Appeals for the Seventh Circuit · Jul 21, 2021

On the other hand, when prosecutors conduct police‐like activity outside their prosecutorial role, the rationale for absolute im‐ munity vanishes and they enjoy only qualified immunity, just like police officers. … And in such a case, qualified immunity would likely not protect the police because the plaintiff has already proven racial animus. See Taylor v.