Case law

Johnson v. Pelker

891 F.2d 136 · Court of Appeals for the Seventh Circuit · Dec 12, 1989

Clearly, prison officials have a responsibility to provide inmates with a minima of shelter, sanitation and utilities— basic necessities of civilized life. See Harris v. … Defendants assert qualified immunity. They argue that their conduct did not violate clearly established constitutional rights of which a reasonable person would have known. But see Jamison-Bey v.

David K. Nelson, Jr. v. Allan Streeter, Dorothy Tillman, and Bobby L. Rush

16 F.3d 145 · Court of Appeals for the Seventh Circuit · Feb 1, 1994

An official is entitled to immunity only if the uncontested or uncontestable facts reveal that his acts did not invade the plaintiffs clearly established constitutional rights. … So obvious is this that we do not think the absence of case law can establish a defense of immunity.

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.

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 .

Marcella Richman, Individually and as Special Administrator of the Estate of Jack B. Richman, Deceased v. Michael Sheahan, in His Official Capacity as Sheriff of Cook County

270 F.3d 430 · Court of Appeals for the Seventh Circuit · Oct 16, 2001

Judicial immunity was recognized at common law "as a device for discouraging collateral attacks and thereby helping to establish appellate procedures as the standard system for correcting judicial error" and to "protect[ … the qualified immunity that is the ordinary rule for law enforcement officers is that the former shields even knowingly unlawful or plainly incompetent acts.

Vertia Boyd v. Raymond Adams

513 F.2d 83 · Court of Appeals for the Seventh Circuit · Mar 27, 1975

not have to fear personal financial loss, if he errs, and (2) the spectre of such financial loss will deter qualified persons from public serv-‘ ice. … The propriety of injunctive relief cannot be foreclosed by a promise to discontinue what has been an established pattern of wrongdoing. United States v. W. T.

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.

James N. Gramenos v. Jewel Companies, Inc.

797 F.2d 432 · Court of Appeals for the Seventh Circuit · Aug 29, 1986

The question in Harlow was one of immunity, and the Court said that officials are immune from liability in damages for the violation “insofar as their conduct does not violate clearly established statutory or constitutional … Davis then holds that violations of statutes generally do not dissipate immunity, stating: “Officials sued for constitutional violations do not lose their qualified immunity merely because their conduct violates some statutory

Michael C. Cichon v. Exelon Generation Company, L.L.C.

401 F.3d 803 · Court of Appeals for the Seventh Circuit · Mar 21, 2005

In spite of the fact that Exelon did not inform Cichon of its decision to remove him from the position until after he filed his FLSA suit, the record clearly establishes that Exelon had been “contemplating [Cichon’s removal … Even assuming arguendo that Cichon had established a prima facie case of retaliation, his claim would still ultimately fail due to the fact that he has failed to present any evidence that would establish that Exelon’s proffered

Anthony Riccardo v. Larry Rausch

375 F.3d 521 · Court of Appeals for the Seventh Circuit · Jul 12, 2004

immunity because reasonable officers would not necessarily have understood that'the law clearly required Riccardo and Garcia to be in separate cells. … The district court brushed aside Rausch’s invocation of immunity, writing that a guard cannot benefit from immunity if the action taken was not a reasonable response to a risk actually foreseen.

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.

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.

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

910 F.2d 1387 · Court of Appeals for the Seventh Circuit · Aug 14, 1990

It also characterizes the state road to recovery as a “lengthy and speculative process”, especially in light of the appellants’ potential qualified immunity claims. … Comm’n, 789 F.2d 370 , 373 (6th Cir.1986) (discussing the adequacy of state law remedies in light of potential immunity claims and the principles established by Hudson).

Cynthia A. Forrester v. Judge Howard Lee White

792 F.2d 647 · Court of Appeals for the Seventh Circuit · Jun 5, 1986

Third, because of the ease of alleging bad faith, a qualified “good faith” immunity would be virtually worthless to secure the desideratum of an independent judiciary. … In Bradley , the Court reconsidered that statement and concluded that “the qualifying words used were not necessary to a correct statement of the law.” 80 U.S. (13 Wall.) at 351 . .

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.

Duran, Alejandro v. Sirgedas, Rudy

240 F. App'x 104 · Court of Appeals for the Seventh Circuit · May 1, 2007

was clearly established at the time of their occurrence.” … Accordingly, at this stage, we must deny Officer Cruz qualified immunity, as it is clearly established that “conduct intended to injure in some way unjustifiable by any government interest,” shock the conscience.

Bagley v. Blagojevich

646 F.3d 378 · Court of Appeals for the Seventh Circuit · May 2, 2011

Plaintiffs opposed the motion on March 15, 2007, arguing that Governor Blagojevich was not immune from testifying because evidence established that he had evidence explaining the captain position’s elimination. … Given that the Court has already granted the motions by concluding that qualified immunity has been established, this issue has previously been dis- posed of.

Zailey Hess v. Jamie Garcia

Court of Appeals for the Seventh Circuit · Jul 5, 2023

Hillsboro Independent School Dist., 81 F.3d 1395, 1406 (5th Cir. 1996) (“At least since 1987, the law has been clearly established that … physical sexual abuse by a school employee violates” due process right to bodily integrity … n.8 (reversing dismissal of claim based on officer sexually harassing arrested woman in back of squad car on the way to booking and noting that no qualified immunity would apply because the conduct was inherently wrong);

United States v. An Article of Food, Etc., Foodscience Laboratories, Inc., Claimant-Defendant-Appellant

678 F.2d 735 · Court of Appeals for the Seventh Circuit · May 21, 1982

DMG Is an “Additive” Even though DMG is quite clearly a “substance” that has become a “component” of Aangamik 15, FoodScience would have us read into the definition of “food additive” an exception for substances that become … The Court answered that “We do not believe a substance gains immunity from [being a food additive] merely because it also qualifies as a food, * * * we see no reason why [the Food and Drug Administration] cannot determine

Gustafson, Rod v. Arreola, Philip

Court of Appeals for the Seventh Circuit · May 17, 2002

no clearly established law that would have put them on notice of this fact in November of 1993. … The law to that extent was clearly established, and thus the district court properly denied qualified immunity to the defendants.