Case law

Melinda Erickson, United States of America, Intervenor v. Board of Governors of State Colleges and Universities for Northeastern Illinois University

207 F.3d 945 · Court of Appeals for the Seventh Circuit · Mar 27, 2000

The ADA does not establish anything like the regulatory scheme for handguns at issue in Printz . … The extent of the protection from suit that results from a finding of sovereign immunity is also an important question, because, at least in certain contexts, sovereign immunity is qualified rather than absolute.

Billington v. Village of Armington

498 F. App'x 572 · Court of Appeals for the Seventh Circuit · Oct 15, 2012

The district court granted the defendant’s motion to dismiss, holding that the defendants were entitled to qualified immunity because no caselaw put them on notice that a person’s own destruction of her property after receiving … Those requirements are well-established, and no qualified immunity concerns are raised in the briefs regarding the equal protection claim.

Estate of Porter ex rel. Nelson v. Illinois

36 F.3d 684 · Court of Appeals for the Seventh Circuit · Sep 28, 1994

Summary judgment must be entered “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial … The plaintiffs argue that MHT’s are not qualified to make such decisions because they lack proper training and because Elgin is less than vigilant in its hiring practices.

Estate of Adam Brown v. Timothy Thomas

771 F.3d 1001 · Court of Appeals for the Seventh Circuit · Nov 13, 2014

Even if we thought Secor may have been exceeding proper constitutional bounds in leading the search given his appearance, he would still be entitled to qualified immunity, 8 … In addi- tion, ‘[w]e have repeatedly told courts ... not to define clearly established law at a high level of generality,’ since doing so avoids the crucial question whether the official acted reason- ably in the particular

Russell v. Harms

397 F.3d 458 · Court of Appeals for the Seventh Circuit · Feb 2, 2005

The court held that the officers had not violated the federal constitution as a matter of law, and in the alternative were protected by qualified immunity. … Only if we answer that question in the affirmative do we address whether the officers are protected by qualified immunity.

Pearson v. Furnco Construction Co.

563 F.2d 815 · Court of Appeals for the Seventh Circuit · Aug 25, 1977

The gist of plaintiffs’ claim against Furnco is, as already indicated, that Furnco’s awareness of plaintiffs’ desire for employment, assuming plaintiffs are qualified, established, prima facie, that Furnco discriminated on … Sovereign immunity is also claimed.

Pierson, Mark v. Blagojevich, Rod

Court of Appeals for the Seventh Circuit · Feb 10, 2006

Rod Blagojevich and Roger Walker appeal the district court’s denial of their motion for judgment on the pleadings based on qualified immunity. … And the job description here—even more than the job description of assistant warden at issue in Riley—clearly confers policy-making discretion.

Fries v. Helsper

146 F.3d 452 · Court of Appeals for the Seventh Circuit · Jun 1, 1998

The record clearly illustrates that Judge Crabb had proper authority to decide the motions. … To the contrary, the record clearly illustrates that Fries received more than sufficient process of law.

Neomi Hernandez v. Jack O'malley, Individually and in His Capacity as State's Attorney of Cook County, Illinois, and Chris Orozco

98 F.3d 293 · Court of Appeals for the Seventh Circuit · Oct 21, 1996

Until the right in question has been “clearly established,” courts do not demand that public officials dig into their pockets. Harlow ¶. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … A regimen of case-by-case balancing makes it hard to dismiss complaints and simultaneously makes it hard to show that the right in question was “clearly established.”

Ellis Henderson v. Michael F. Sheahan and J.W. Fairman

196 F.3d 839 · Court of Appeals for the Seventh Circuit · Feb 2, 2000

The district court limited its consideration of the Defendants’ motion to the issue of qualified immunity, which the court granted in part and denied in part. … Although the court held that the Defendants were entitled to qualified immunity from liability in their individual capacities, it concluded that the qualified immunity doctrine did not shield the Defendants from potential

United States v. Howard

729 F.3d 655 · Court of Appeals for the Seventh Circuit · Aug 30, 2013

See Rabin, 725 F.3d at 633-35 , 2013 WL 3455689, at *4 (affirming qualified immunity for officers who handcuffed subject in Terry stop to investigate whether his possession of firearm was lawful); Baird v. … Berthiaume, 636 F.3d 452, 459-60 (8th Cir.2011) (denying qualified immunity for the use of hand *662 cuffs during a Terry stop); Bowden v.

David Camm v. Stanley Faith

Court of Appeals for the Seventh Circuit · Sep 10, 2019

After briefly addressing principles of qualified and abso- lute immunity, the judge took up the merits of the malicious- prosecution claim. … Likewise, it has long been clearly established that Brady obligations extend not just to prosecutors but also to investigators. See Beaman v.

United States v. Reginald L. Smith

542 F.2d 711 · Court of Appeals for the Seventh Circuit · Oct 7, 1976

Nor are we impressed with appellant’s argument that the district court erred in refusing to give his tendered instruction on the requirements necessary to establish knowledge of the stolen nature of the weapon. … Although it is true, we admit, that appellant did not physically place the weapon in the possession of the carrier which ultimately transported it to Chicago, clearly it was he who requested that the suitcases be shipped

Hicks v. Resolution Trust Corp.

970 F.2d 378 · Court of Appeals for the Seventh Circuit · Aug 7, 1992

Hicks now contends that Judge Lindberg erred in concluding that his claim failed to establish the third element — a violation of a clearly mandated Illinois policy. … Whistleblowers cannot, by imaginative pleadings, qualify as a class afforded § 1985(3) protection, for they do not possess any of the characteristics — i.e. race, national origin or gender — which are traditionally part and

Scott Bailey v. United States of America, Department of the Army Corps of Engineers

35 F.3d 1118 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Although we did cite the hypothetical of injuries occurring outside of the lake as examples of situations to which immunity would clearly not apply despite some tie to a flood control project, the opinion did not in any way … United States, 957 F.2d 742 (10th Cir.1992) (government not protected from suit for injuries caused by waters released from dam, where record did not establish that dam was constructed for flood control). .

James Newsome v. John McCabe and Raymond McNally

260 F.3d 824 · Court of Appeals for the Seventh Circuit · Aug 14, 2001

Defendants’ petition for rehearing contends that it was not clearly established, when they acted, that the state’s constitutional duty to avoid concealing materially exculpatory evidence ever imposed any obligations on police … Such proof would demonstrate that defendants violated clearly established rights — for the due process clause imposes obligations on all state actors, and not just on prosecutors.

Pourghoraishi, Ahmma v. Flying J Inc

Court of Appeals for the Seventh Circuit · Apr 20, 2006

Williams asserts that he had probable cause to arrest Pourghoraishi on both charges, and, even if he did not, he was entitled to qualified immunity on both claims. … If so, we move on to inquire whether the right was clearly established at the time of the alleged injury; that is, whether a reasonable officer would have known that his actions were unconstitu- tional.

Davis, James E. v. Streekstra, Byron

Court of Appeals for the Seventh Circuit · Sep 7, 2000

United States, 431 U.S. 651 (1977), absolute or qualified immunity from suit, see Helstoski v. Meanor, 442 U.S. 500 (1979); Nixon v. Fitzgerald, 457 U.S. 731 (1982); Mitchell v. … Exhaustion requirements do not create absolute (or even qualified) rights to be free from litigation.

DeKalb County v. Federal Housing Finance Agency

741 F.3d 795 · Court of Appeals for the Seventh Circuit · Dec 23, 2013

The appellees reply that  “all”  means  “all”  (unless  explicitly  qualified,  as  by  “all  ex‐ cept,”  which  is  what  the  Fannie  Mae  statute  does  with  real  property  taxation).  … But if it does, that would make no difference; for Fannie  is not invoking the implied constitutional immunity created  by McCulloch but rather an express statutory immunity. 

Cherry, Kelly v. Univ WI System

Court of Appeals for the Seventh Circuit · Sep 7, 2001

There is no indication in Garrett that the Court established a new, bright-line rule that Congress’ attempt to abrogate immunity from a federal statute is invalid if the statute lacks specific findings that the States had … Nor is the Board immune from Cherry’s Title IX claim because Congress clearly and unambiguously manifested its intent to condition the Board’s receipt of Title IX funds on its waiver of immunity, and in accepting such funding