Case law

Christopher Jay Brown and Ruth Anne Brown v. City of Lake Geneva and Audrey Milliette

919 F.2d 1299 · Court of Appeals for the Seventh Circuit · Dec 13, 1990

Sections 1A, 2A and 2B — relating to the definition of “restaurant” and “museum” — are clearly justifiable under the rationale of clarifying the application of section 125.51(4)(m). … However the trial judge found that she had legislative immunity, and this determination has not been appealed. 3 . Lake Geneva Ordinance 630 states: 1. Restaurant, is defined as follows: A.

City of Chicago v. TREA

Court of Appeals for the Seventh Circuit · Sep 12, 2005

We accordingly conclude that the new rider qualifies as an Exemption 3 statute and substantively bars disclosure of the databases at issue. … The intervening 2005 Appropriations Act clearly affects the propriety of such prospective relief.

Molner v. South Chicago Sav. Bank

138 F.2d 201 · Court of Appeals for the Seventh Circuit · Oct 16, 1943

Moreover, the statute clearly contemplates that the director may cease to be the owner of the stock, and it does not purport to limit the time or the manner in which he may dispose of or encumber it, or any part of it. … The statute requiring the deposit of stock to qualify bank directors does not render that stock or its owner immune from the legal liabilities to which any other individual and his property are subject.

Brian Hope v. Commissioner of Indiana Depart

9 F.4th 513 · Court of Appeals for the Seventh Circuit · Aug 16, 2021

SORA establishes both requirements and restrictions for qualifying sex offenders, and it authorizes the Indiana Department of Correction (“IDOC”) to collect and publish data about them. Ind. Code § 11-8-2-13(b). … In one respect, his case is like that of a veteran who did not yet live in New Mexico as of the qualifying eligibility date the state established for a special tax break for veterans. Hooper.

In Re Friendship Medical Center, Ltd.

710 F.2d 1297 · Court of Appeals for the Seventh Circuit · Jul 11, 1983

Jordan, 415 U.S. 651, 678 , 94 S.Ct. 1347, 1363 , 39 L.Ed.2d 662 (1974), this clearly was sufficient. … Both the bankruptcy and district courts held that the two actions were entirely separate. 20 As noted, Gardner and Quinn establish that the limited waiver of sovereign immunity created by the filing of the claim extends only

Appleton Papers, Inc. v. Environmental Protection Agency

702 F.3d 1018 · Court of Appeals for the Seventh Circuit · Dec 26, 2012

Taylor, 329 U.S. 495 (1947) (establishing work product immunity). … API also argues that the district court clearly erred in relying on Rule 26(b)(4)(D), which prohibits parties from discovering the research of a nontestifying expert.

Terry, John v. Richardson, Cherry

Court of Appeals for the Seventh Circuit · Oct 10, 2003

ANALYSIS On appeal, Richardson’s principal contention is that she is entitled to judgment as a matter of law because qualified immunity blocks John’s claims. … Because there was no constitutional violation, it is unnecessary to reach the second step of the qualified immunity analysis, which asks whether John’s rights were clearly established at the time Richardson acted.

Mahnke v. Garrigan

428 F. App'x 630 · Court of Appeals for the Seventh Circuit · Apr 13, 2011

Without ruling on the propriety of the seizure, the district court granted the deputy summary judgment on the basis of qualified immunity. We affirm the judgment, but on the ground that the deputy’s conduct was lawful. … Still, the district court concluded, Garrigan could not reasonably have known that he was violating the Fourth Amendment by seizing April and thus was shielded from liability by the defense of qualified immunity.

Mustafa-El Ajala v. Craig Tom

Court of Appeals for the Seventh Circuit · Jul 22, 2016

 not shown that their conduct violated clearly  established law in 2007.  … On appeal Ajala argues that the district court erred in granting qualified  immunity to the Defendants because, he says, it was clearly established by 2007 that  using restraints to inflict prolonged, unnecessary pain on 

Hernandez, Emiliano v. Sheahan, Michael

Court of Appeals for the Seventh Circuit · Jul 26, 2006

Official immunities (judicial, legislative, absolute, qualified, quasi, and so on) are personal defenses designed to protect the finances of public officials whose salaries do not compensate them for the risks of liabil- … City of Independence, 445 U.S. 622 (1980), holds that governmental bodies whose own policies are unconstitutional cannot obtain a derivative benefit from the qualified immunity that may protect their employees.

Daniel Christensen v. William Weiss

Court of Appeals for the Seventh Circuit · Jul 29, 2025

Before concluding our discussion of the summary judg- ment decision, we note that the Vilas County Defendants ar- gue summary judgment was also warranted on the basis of qualified immunity. … Because we conclude that the Chris- tensens’ Eighth Amendment claim fails on the merits, we do not reach the question of qualified immunity. See Hicks v. Ill.

Joseph L. Dombrowski v. Jack Dowling and Arthur Rubloff & Co.

459 F.2d 190 · Court of Appeals for the Seventh Circuit · Apr 7, 1972

is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.” … The distinction has been clearly identified by Mr.

United States v. James M. Eliason

3 F.3d 1149 · Court of Appeals for the Seventh Circuit · Sep 3, 1993

Thus, if a defendant is able to establish through relevant evidence that he gave compelled testimony in a court proceeding based upon a promise of immunity, the government must come forth with evidence that the information … In concluding that the court’s references to the acquittal for murder did not improperly taint the sentencing, we stated “[t]he sentence was clearly based on (1) the serious nature of the offense, and (2) the entire background

Rush-Presbyterian-St. Luke's Medical Center v. Hellenic Republic

877 F.2d 574 · Court of Appeals for the Seventh Circuit · Jun 14, 1989

The important question is whether private parties purchase cement or boots, which they clearly do. … Bancomer, S.A, 764 F.2d 1101, 1111 (5th Cir.1985); Maritime Int'l & Nominees Establishment v.

Brian Hope v. Commissioner of Indiana Depart

984 F.3d 532 · Court of Appeals for the Seventh Circuit · Jan 6, 2021

The point is more clearly made if we assume that both A and B were Indiana citizens from the beginning and commit- ted the same sex offense in Indiana in 1993 and that B in 2008 relocated briefly to (and established residency … Ct. 995 (1972) (state laws requiring prospective voter to have been resident for one year in state and three months in county penalize individuals who have migrated to state in order to establish new residence during qualifying

United States Gypsum Co. v. United States

452 F.2d 445 · Court of Appeals for the Seventh Circuit · Oct 29, 1971

Some of taxpayers’ claims were established. … Hence, the income therefrom could not be counted toward qualifying Export as a Western Hemisphere trade corporation.

Alfredo Miranda v. County of Lake

900 F.3d 335 · Court of Appeals for the Seventh Circuit · Aug 10, 2018

Because it was not clearly established who, beyond the booking officer, had a duty to inform Gomes of her consular rights, the County defendants are entitled to qualified immunity. … They are not, however, entitled to qualified immunity. Petties v. Carter, 836 F.3d 722, 734 (7th Cir. 2016) (en banc).

Thill Securities Corporation v. The New York Stock Exchange, and the United States Securities and Exchange Commission, Intervening

633 F.2d 65 · Court of Appeals for the Seventh Circuit · Oct 20, 1980

It is to the immunity question, therefore, that we now turn. The general principles applicable to issues of antitrust immunity have been well-established by the Supreme Court. … Thill’s attempt to establish discrimination by pointing out that the rule applied only to non-members clearly is inapposite in light of the immunity this substantive portion of the rule enjoys, and its argument that discrimination

Neiman, Kenneth v. Keane, T.M.

Court of Appeals for the Seventh Circuit · Nov 13, 2000

The officer procuring the warrant, however, enjoys not absolute but qualified immunity with respect to his actions in the application of the warrant. See Malley v. Briggs, 475 U.S. 335, 344 (1986). … In this case, the record clearly shows that the detective investigated and relied on sufficient information to establish a reasonable belief that Mr. Neiman had committed theft of services by deception.

Clark v. United States

691 F.2d 837 · Court of Appeals for the Seventh Circuit · Oct 27, 1982

However, sovereign immunity does not preclude a determination of the merits of plaintiffs' prayer for declaratory relief. II 8 It is a well established rule that the United States cannot be sued without its consent. … Such a deferred compensation plan encourages (1) qualified individuals to apply for government positions, (2) current employees to continue with a government career, and (3) older, less productive employees to retire.