Case law
Opinions from 1658 to today.
9,632 results
1.05s
United States v. Howard Taylor
728 F.2d 930 · Court of Appeals for the Seventh Circuit · Apr 12, 1984
Because this testimony clearly indicated to the jury that the bank was federally insured on August 7, 1981, the date of the robbery, it satisfied the proof requirement established in Shively and Knop . … a defense witness was clearly dictum. 6 .
Cited 49 timesPublished933 F.3d 696 · Court of Appeals for the Seventh Circuit · Aug 1, 2019
for qualified immun- ity. … Qualified Immunity Qualified immunity is a doctrine that “protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or con- stitutional rights
Cited 147 timesPublished966 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 1, 1992
Fitzgerald for determining qualified immunity, see 457 U.S. 800, 819 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (Í982) (whether an official is protected by qualified immunity depends upon the “objective legal reasonableness” … We agree with McDonald that Black clearly establishes that the force described in the complaint, if true, was constitutionally proscribed.
Cited 171 timesPublished614 F.3d 713 · Court of Appeals for the Seventh Circuit · Aug 2, 2010
In a qualified-immunity setting, the plaintiff bears the burden of showing that the constitutional right alleg- edly violated was clearly established at the time of the challenged conduct. See Landstrom v. Ill. … Oest is therefore entitled to qualified immunity. Despite being aware of the potential conflict of interest, Lunn and Vicini are also entitled to qualified immunity.
Cited 72 timesPublishedDaniels, Michael v. Knight, Stanley
Court of Appeals for the Seventh Circuit · Feb 5, 2007
The Strickland framework was clearly established by the time the Indiana trial court denied Daniels’ first post-conviction appeal on February 21, 1985. … See Williams, 529 U.S. at 391 (“It is past question No. 05-2620 13 that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the
Cited 0 timesPublishedJeffrey Mannoia v. David G. Farrow, Detective
476 F.3d 453 · Court of Appeals for the Seventh Circuit · Feb 7, 2007
In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity ... but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir.2004).
Cited 49 timesPublishedMark A. Campbell v. Kevin Kallas
936 F.3d 536 · Court of Appeals for the Seventh Circuit · Aug 19, 2019
As relevant here, the judge rejected the claim of qualified immunity, concluding that caselaw clearly established a constitutional right to effective medical treatment. We reverse. … Because no case clearly establishes that denying treatment beyond hormone therapy is unconstitu- tional, qualified immunity applies regardless.
Cited 139 timesPublishedErika Mabes v. Shannon Thompson
136 F.4th 697 · Court of Appeals for the Seventh Circuit · Apr 28, 2025
Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.
Cited 16 timesPublished607 F. App'x 561 · Court of Appeals for the Seventh Circuit · Apr 22, 2015
immunity. … It has never been clearly established that inmates have a right to inmate-led group worship under the First Amendment.
Cited 29 timesUnpublishedLucinda Lovett v. Landon Herbert
907 F.3d 986 · Court of Appeals for the Seventh Circuit · Oct 29, 2018
established law for qualified immunity pur- poses. … But this is too fine an analysis on which to base a finding of clearly established law, and we are skeptical that a decision on the merits (not addressing qualified immunity), finding that defendant officials did not violate
Cited 49 timesPublishedScott Allin v. City of Springfield
845 F.3d 858 · Court of Appeals for the Seventh Circuit · Jan 11, 2017
Qualified Immunity Framework The doctrine of qualified immunity shields public officials from civil liability if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … right was clearly established at the time of the alleged violation.”
Cited 45 timesPublished910 F.2d 1449 · Court of Appeals for the Seventh Circuit · Aug 20, 1990
established and thereby creating a qualified immunity defense. … But in any event it cannot be said that the law was clearly established in 1983. Rice is entitled to qualified immunity on count IV, thus requiring reversal on that count. V.
Cited 121 timesPublished736 F.3d 1084 · Court of Appeals for the Seventh Circuit · Dec 2, 2013
Qualified Immunity and “Clearly Established” Rights In addition to ruling against Volkman outright on the issue of constitutional protection, the district court found that the defendants were shielded by the doctrine of qualified … Governmental actors performing discretionary functions enjoy “qualified immunity,” meaning that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or
Cited 102 timesPublishedPatrick Dockery v. Sherrie Blackburn
911 F.3d 458 · Court of Appeals for the Seventh Circuit · Dec 19, 2018
Qualified Immunity A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … Qualified-immunity analysis usually entails a two-step inquiry: we ask (1) whether the facts alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly
Cited 190 timesPublished17 F.3d 185 · Court of Appeals for the Seventh Circuit · Feb 16, 1994
Qualified Immunity of Sheriff Ward-Tillett An analysis of qualified immunity is appropriate only after resolution of the purely legal question of whether Sivard has alleged a violation of a constitutional right. … Frantz, 754 F.2d 719 (7th Cir.1985), as clearly establishing that his detention was unconstitutional.
Cited 53 timesPublishedShlomo Leibovitch v. Islamic Republic of
697 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 25, 2012
Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 620 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign … The same is true here; Congress has established a private right of action principally for Ameri- can claimants while waiving sovereign immunity in a broader set of cases also involving American victims.
Cited 35 timesPublished578 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 18, 2009
that right was clearly established. … ” the court indicated that the right was clearly established.
Cited 76 timesPublishedEstate of Derek Williams, Jr. v. Jeffrey Cline
902 F.3d 643 · Court of Appeals for the Seventh Circuit · Aug 31, 2018
Substantive qualified immunity analysis encompasses two distinct questions: (1) whether defendants violated a constitutional right; and (2) whether that "right was 'clearly established' at the time of the challenged conduct … qualified immunity."
Cited 32 timesPublished725 F.3d 628 · Court of Appeals for the Seventh Circuit · Jul 9, 2013
We find that the officers are entitled to qualified immunity on the unlawful arrest claim, because even if the officers had known what that type of license was, it still would have been reasonable under clearly established … “[A] court may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law without first resolving whether the purported right exists.”
Cited 73 timesPublishedTapanga Hardeman v. David Wathen
933 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 12, 2019
When attempting to defeat an assertion of qualified im- munity, the burden is on the plaintiffs to show that a particu- lar right is “clearly established.” … “Because a qualified immunity defense so closely depends ‘on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’”
Cited 679 timesPublished
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