Case law

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.

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.

Richard W. Hostrop v. Board of Junior College District No. 515, Counties of Cook and Will and Stateof Illinois, a Body Politic and Corporate

523 F.2d 569 · Court of Appeals for the Seventh Circuit · Oct 30, 1975

The defendant board members’ defense of immunity from liability for money damages must be sustained. … The District Court has found, in findings we cannot say are clearly erroneous, that plaintiff was terminated for reasons amounting to just cause.

Gladys Podriguez, Mrs. Loretta Smith, Plaintiffs-Intervenors-Appellees v. Harold O. Swank

496 F.2d 1110 · Court of Appeals for the Seventh Circuit · May 9, 1974

The Supreme Court noted that sovereign immunity “is no bar to that part of the District Court’s judgment that prospectively enjoined petitioner’s predecessors from failing to process applications within the time limits established … This was the time period then provided by regulation, and this order was clearly cor-

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.

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.

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.

Pence v. Rosenquist

573 F.2d 395 · Court of Appeals for the Seventh Circuit · Feb 2, 1978

Third, that the School Board members were protected by qualified immunity from liability based on the common-law tradition and strong public policy. … In this state of the record, it cannot be said as a matter of law that defendants were immune from liability for damages. Even a determination of immunity would not dispose of the ease for all purposes.

James J. Cervantes v. Larry Jones

188 F.3d 805 · Court of Appeals for the Seventh Circuit · Aug 13, 1999

To qualify as a complaining witness (and thereby be disqualified from absolute immunity), a witness must play a sufficient role in initiating the prosecution. 5 Id. at 962 . … immunity. 23 F.Supp.2d at 890 .

John P. Sahagian v. The United States of America

864 F.2d 509 · Court of Appeals for the Seventh Circuit · Dec 19, 1988

This clearly falls within constitutional bounds. See Gerstein v. … The defendant federal government officials did not raise the defense of qualified immunity in their motion to dismiss.

Burrus, Freddie v. IN State Lottery Com

546 F.3d 417 · Court of Appeals for the Seventh Circuit · Oct 6, 2008

The several provisions from the Indiana Code cited above clearly establish the Lottery as an entity separate from the state. … Nonetheless, its separate corporate status is clearly established.”). Likewise, the existence of such regulations does not alter our conclu- sion here.

Ray Haynes v. Indiana University

Court of Appeals for the Seventh Circuit · Sep 4, 2018

Patricia Hardré, one of Brush’s proposed reviewers, put Haynes’s “overall research performance in a gr[ay] area of clearly satisfactory[] but not clearly excellent.” … The University argues that sovereign immunity completely bars Haynes’s action for monetary damages. This is clearly correct with respect to the University and the Board of Trustees.

United States v. Allstate Mortgage Corporation

507 F.2d 492 · Court of Appeals for the Seventh Circuit · Jan 13, 1975

This action clearly demonstrates the alertness of the court on the issue of intent. … There remains, aside from such evidence, an abundance of relevant and competent evidence to establish their guilt beyond a reasonable doubt.

Craig Strand v. Curtis Minchuk

Court of Appeals for the Seventh Circuit · Dec 6, 2018

Doing so would mark a stark depar- ture from clearly established law regarding an officer’s use of deadly force. … For the law to be clearly established—the second prong of the qualified immunity analysis—the “existing precedent must have placed the statutory or constitutional question be- yond debate.”

United States v. Eric R. Meyer and Gordon O. Hoff, Sr.

157 F.3d 1067 · Court of Appeals for the Seventh Circuit · Sep 10, 1998

Judge Crabb’s decision to exercise this statutory power cannot be viewed as clearly unreasonable or fundamentally -wrong. Hoffs claim fails. C. … The district court’s decision to admit Meyer’s statement was not clearly erroneous. D.

United States v. Orozco

576 F.3d 745 · Court of Appeals for the Seventh Circuit · Aug 13, 2009

We evaluate an officer’s good-faith reliance with an analysis similar to the one used in qualified-immunity cases and charge officers with knowledge of well-established legal principles. United States v. … We have not “clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indistinguishable from those presented in the case at hand.” Id.

Norman H. Lesser and Rhoda I. Lesser v. Braniff Airways, Inc.

518 F.2d 538 · Court of Appeals for the Seventh Circuit · Jun 18, 1975

more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified … These cases do not hold that a direct violation of section 1983 by a private person cannot be established by proof of a conspiracy with state officers and an effective deprivation of Constitutional rights.

Craig Strand v. Curtis Minchuk

Court of Appeals for the Seventh Circuit · Dec 6, 2018

Doing so would mark a stark depar- ture from clearly established law regarding an officer’s use of deadly force. … For the law to be clearly established—the second prong of the qualified immunity analysis—the “existing precedent must have placed the statutory or constitutional question be- yond debate.”

Bielenberg v. Griffiths

61 F. App'x 293 · Court of Appeals for the Seventh Circuit · Mar 14, 2003

Feldman, 460 U.S. 462 , 103 S.Ct. 1303 , 75 L.Ed.2d 206 (1983), establishes that decisions of state courts may not be challenged in litigation under § 1983; instead the aggrieved party must pursue appellate remedies through … New York Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (municipalities are liable only for their policies), and that the employees themselves may well have qualified immunity from liability