Case law

Anthony Riccardo v. Larry Rausch

359 F.3d 510 · Court of Appeals for the Seventh Circuit · Feb 27, 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.

Gore, John S. v. Indiana University

Court of Appeals for the Seventh Circuit · Jul 25, 2005

The district court dismissed Gore’s age discrimination claim on sovereign immunity grounds. Gore does not appeal this ruling and rightly so. See Kimel v. … If the plaintiff can establish these four elements, the defendant has an opportunity to articulate a legitimate, nondiscriminatory reason for its action.

McGreal, James T. v. Ostrov, Eric Dr.

Court of Appeals for the Seventh Circuit · May 10, 2004

In the alternative, the court found that Wood and Snooks were entitled to qualified immunity because the law surrounding McGreal’s claim was not clearly established at the time of these events. … The law to that extent was clearly established[.] 290 F.3d at 913.

Fox v. Hayes

600 F.3d 819 · Court of Appeals for the Seventh Circuit · Apr 7, 2010

In sorting out the question of qualified immunity, we must ask whether the facts—again, taken in the light most favorable to the Foxes—show that the officers’ conduct violated Kevin’s clearly established constitutional rights … “Claims of qualified immunity neither require nor authorize de novo appellate review of the evidence.” Id. at 303.

United States v. William J. Benson

941 F.2d 598 · Court of Appeals for the Seventh Circuit · Jan 14, 1992

grants immunity to testify against the defendant. … It was not reversible error to give the immunity instruction. G.

Weinberger v. Wisconsin

105 F.3d 1182 · Court of Appeals for the Seventh Circuit · Jan 31, 1997

It held that the state was immune from suit, id. at 488 , and that Officer Chester also shared that immunity insofar as she was sued in her official capacity. … We also note that, although we need not reach the issue, Officer Chester would be permitted the defense of qualified immunity with respect to this due process allegation.

United States of America Ex Rel. Janet Chandler, ph.d., Cross-Appellee v. Cook County, Illinois, 1

277 F.3d 969 · Court of Appeals for the Seventh Circuit · Jan 22, 2002

The grant initially was awarded to CCH, but was transferred to Hektoen, an affiliate of CCH established to receive funds and conduct medical research. … If the relator proceeds with the suit himself and the court finds that the suit was “clearly frivolous, clearly vexatious or brought primarily for purposes of harassment,” the court may award the defendant attorneys’ fees

George Dawson v. Michael Brown

803 F.3d 829 · Court of Appeals for the Seventh Circuit · Oct 7, 2015

immunity. … Also, since Officer Brown did not violate Dawson’s Fourth Amendment rights, it is unnecessary to address whether he was entitled to qualified immunity.

Autotech Technologies LP v. Integral Research & Development Corp.

499 F.3d 737 · Court of Appeals for the Seventh Circuit · Aug 29, 2007

The FSIA codified this practice by establishing a general principle of immunity for foreign sovereigns from execution of judgments: “[T]he property in the United States of a foreign state shall be immune from attachment! … No reasonable fact-finder could conclude that this statement clearly and convincingly showed that Integral was admitting that it was engaged in prohibited sales.

United States v. Bruce Brown

779 F.3d 486 · Court of Appeals for the Seventh Circuit · Mar 3, 2015

The court could find no explicit immunity provision within the four corners of the agreement. Id., at *4. … It cannot reasonably be read as a broad grant of immunity.

Garner v. Salluom

52 F. App'x 299 · Court of Appeals for the Seventh Circuit · Nov 25, 2002

The officers raised qualified immunity as an affirmative defense. Garner later sought to amend his complaint by substituting Marion County Sheriff Jack Cottey *301 for the Marion County government. … If an officer does not have actual probable cause to arrest an individual, he is entitled to qualified immunity if he had “arguable probable cause.” Williams, 269 F.3d at 781 .

Gerald R. HUHN, Plaintiff-Appellant, v. KOEHRING COMPANY, Defendant-Appellee

718 F.2d 239 · Court of Appeals for the Seventh Circuit · Sep 29, 1983

Huhn cannot establish a prima facie case because he cannot establish that he was qualified for the job and he cannot demonstrate that he was replaced by a person outside the protected group. … Kephart clearly stands for the rule that to be “qualified” an employee must be meeting his employer’s expectations.

United States v. Shawn D. Rutherford

54 F.3d 370 · Court of Appeals for the Seventh Circuit · Jun 6, 1995

Clearly, then, the statutory definition of the crime does not contain as an element the ‘use, attempted use, or threatened use of physical force.’”) … Jones, Jr., Diplomatic Immunity: Recent Developments in Law and Practice, 85 Am.Soc.Intl.L.Proc. 251, 264 (April 19, 1991); cf.

Braun, Robert C. v. Baldwin, Leverett

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

An officer is shielded from liability under the doctrine of qualified immunity if his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … To evaluate a claim of qualified immunity, we engage in a two-step analysis, asking: (1) “whether the plaintiff[’s] claim states a violation of [his] constitutional rights,” and then (2) “whether those rights were clearly

Harris v. Davis

874 F.2d 461 · Court of Appeals for the Seventh Circuit · Jul 21, 1989

immunity 1 The majority's disposition of the case makes it unnecessary for it to reach the question of qualified immunity that is raised in rather perfunctory fashion in the appellees' brief. … Assuming that the issue is properly before us, I believe that the district court properly held that summary judgment was not appropriate because the claim of qualified immunity turned on a disputed issue of fact.

United States v. Schwartz

562 F.2d 427 · Court of Appeals for the Seventh Circuit · Sep 19, 1977

a state prosecution interferes with that immunity. … In Dombrowski , as the Younger Court pointed out, special circumstances of prosecutorial harassment and bad faith established the kind of irreparable injury to the exercise of First Amendment rights that authorized federal

A.H. ex rel. Holzmueller v. Illinois High School Ass'n

881 F.3d 587 · Court of Appeals for the Seventh Circuit · Feb 2, 2018

By design, the State qualifying times established by the IHSA at.the Sectional meet preclude thousands of able-bodied runners from qualifying for State each year. … A.H. wants the IHSA to establish different qualifying times for para-ambulatory runners that will allow him to qualify for State.

United States v. Richard Eugene Long

511 F.2d 878 · Court of Appeals for the Seventh Circuit · Jun 6, 1975

of the transcript of state grand jury proceedings wherein the defendant had testified under a state grant of immunity. … See as to such use immunity Kastigar v. United States, 1972, 406 U.S. 441 , 92 S.Ct. 1653 , 32 L.Ed.2d 212 .

Gordon E. McQuillen v. Wisconsin Education Association Council, Donald E. Krahn, and Morris Andrews

830 F.2d 659 · Court of Appeals for the Seventh Circuit · Oct 16, 1987

The court found that, nonetheless, Cherney was the most qualified candidate and that she received the position because she was the most qualified candidate, not because she was a woman. … Nonetheless, the district court held that the plan was not impermissible because it only required WEAC to “search” 2 for qualified women and minorities but did not require them to be hired over more qualified individuals.

Cynthia Rutan v. Republican Party of Illinois

868 F.2d 943 · Court of Appeals for the Seventh Circuit · Feb 16, 1989

In Danenberger the court upheld the dismissal of plaintiffs complaint on the grounds of qualified immunity because no clearly established right to a promotion decision free of any political considerations existed at the time … That the claim was dismissed on qualified immunity grounds in no way implies that such a constitutional right exists, see Benson v.