Case law

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.

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.

United States v. All Funds on Deposit With R.J. O'Brien & Associates

783 F.3d 607 · Court of Appeals for the Seventh Circuit · Apr 2, 2015

Claimants establish constitutional standing in a forfeiture proceeding just as they would in any other proceeding. … Consequently, the parties’ arguments concerning TRIA’s waiver of sovereign immunity are moot.

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

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.

United States v. Thomas Edward Harty, Walter Lesczynski, Paul Dicaro, Michael Gurgone

930 F.2d 1257 · Court of Appeals for the Seventh Circuit · Apr 26, 1991

to establish the required nexus within the limits of the Hobbs Act. … Harty made a number of incriminating statements on the tapes that clearly establish his participation in the Balmoral burglary and armed robbery attempt, and, as the tapes demonstrate, the statements were not mere repetitions

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.

United States Ex Rel. Quinn v. Hunter

162 F.2d 644 · Court of Appeals for the Seventh Circuit · Jun 13, 1947

Gill, 80 U.S.App.D.C. 9 , 148 P.2d 857 , 867, the court enumerates the formal requirements of a petition for habeas corpus, among which “it should establish the jurisdiction of the court by showing the place of petitioner … This statement is pertinent to the instant situation where Quinn and Warden Hunter were in court for a limited and qualified purpose, that is, to give testimony in a proceeding then pending.

Kyung He Yano v. El-Maazawi

651 F. App'x 543 · Court of Appeals for the Seventh Circuit · Jun 1, 2016

But the professors had qualified immunity, the court reasoned, because the rights at issue were not clearly established in the classroom setting. … Although Sayuri concentrates on the district court’s analysis of qualified immunity, we conclude that the court need not have reached that issue because a jury could not reasonably have found that the defendants violated

United States v. Joseph S. Klehman

397 F.2d 406 · Court of Appeals for the Seventh Circuit · Jul 3, 1968

Commission “would furnish a link in the chain of evidence needed to prosecute,” and whether Klehman had “reasonable cause to apprehend danger from a direct answer.” 4 Assuming that the government could establish that unlawful … We think that, but for the immunity statute, Klehman would clearly have been privileged to refuse to answer the questions concerning his close control over the activity of the corporation.

United States v. Gilliam Kerley, A/K/A David Gilliam Kerley

787 F.2d 1147 · Court of Appeals for the Seventh Circuit · Apr 3, 1986

The First Amendment confers no such immunity from prosecution. Wayte v. United States, 105 S.Ct. at 1534 . Cf. United States v. Heilman, 614 F.2d 1133, 1139 (7th Cir.) … Even ordained ministers and theological students are not exempt from the registration requirement though the Act does exempt members of the clergy from training and service and defers .liability to qualified ministry students

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

655 F.2d 748 · Court of Appeals for the Seventh Circuit · Jul 17, 1981

The court stated that the deponent “clearly has immunity from criminal prosecution for the [civil] deposition testimony because such testimony would be tainted by the federal grand jury testimony for which [he] received ‘ … We cannot agree with that characterization of the district court’s holding. *753 It is well established that a court, although it may not grant immunity to a witness, may interpret the scope of a grant of immunity.

Bryan Brown v. Elizabeth Bowman

668 F.3d 437 · Court of Appeals for the Seventh Circuit · Feb 2, 2012

Rule 9 establishes the Indiana Board of Law Examiners (BLE). … The Judges and 4 No. 11-2164 Lawyers Assistance Committee (JLAC) comprises qualified personnel approved by the Indiana Supreme Court.

Vinning-El, Mondrea v. Long, Scott

Court of Appeals for the Seventh Circuit · Mar 27, 2007

immunity, and Vinning-El appeals. … No. 06-1673 3 with their concession since it was clearly established well before 2001 that the conditions Vinning-El describes, if true, deprived him of the “minimal civilized

United States v. John Hedman, Michael Jercich, Thomas Karnick and Henry Larsen, Defendants

630 F.2d 1184 · Court of Appeals for the Seventh Circuit · Oct 30, 1980

A routine procedure was established at Danley for processing non-conforming garages. … Company, concerning the fact that they had been granted immunity.

Judith Klein v. Trustees of Indiana University and Nancy Buckles

766 F.2d 275 · Court of Appeals for the Seventh Circuit · Jun 20, 1985

The framework established by McDonnell Douglas Corp. v. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for [the allegedly discriminatory action].

David Snyder v. J. King

Court of Appeals for the Seventh Circuit · Mar 11, 2014

Local governing bodies—and the officers thereof, acting in their official capacities—do generally qualify as “persons” under the statute. Monell, 436 U.S. at 690–95 (establishing the foundational rule). … The county sheriff, if anyone, decides who qualifies for the disenfranchisement list; all the voter registration board does is delete the names the sheriff provides.

Roy Buise v. Donald Hudkins, Individually and as Superintendent of the Indiana State Farm

584 F.2d 223 · Court of Appeals for the Seventh Circuit · Sep 26, 1978

Thus this case presents the question of whether conduct that clearly was violative of someone’s rights can be immunized as having been taken in good faith if that conduct was not clearly violative of the rights of the person … The purposes of granting good faith immunity are not served by immunizing such conduct. Therefore, the state officials cannot escape damages by claiming immunity.

Riley v. Elkhart Community Schools

829 F.3d 886 · Court of Appeals for the Seventh Circuit · Jul 22, 2016

Riley has not produced evidence that she was clearly better qualified for the position than Gratsy and Adams. … But this is not sufficient evidence that she was clearly better qualified for the positions.

Addis v. Holy Cross Health System Corporation

88 F.3d 482 · Court of Appeals for the Seventh Circuit · Jul 8, 1996

Nothing in § 11112 confers immunity; that section only describes the criteria for a qualifying review action. … The district court was correct that it might have awarded the defendants partial summary judgment on their immunity defense, but Congress clearly did not envision that as the end of the game.