Case law

David Armato v. Randy Grounds

766 F.3d 713 · Court of Appeals for the Seventh Circuit · Sep 4, 2014

immunity applies to the defendants because they did not know that they were violating clearly established constitutional rights; (4) Grounds and Dixon were not suffi- ciently involved to be liable under § 1983; (5) Armato … Armato must therefore establish that a reasonable trier of fact could find that he was deprived of his constitutional rights by being detained beyond his release date. A.

Michele Titran v. Elesebeath Ackman

893 F.2d 145 · Court of Appeals for the Seventh Circuit · Jan 11, 1990

They also argued that if Fourth rather than Fifth Amendment standards apply, Ti-tran did not establish the mental element they deemed necessary in a Fourth Amendment case, and that they are entitled to qualified immunity. … , making immunity unavailable if the officers indeed applied too much — the court nonetheless granted summary judgment for the defendants.

Brunken v. Lance

807 F.2d 1325 · Court of Appeals for the Seventh Circuit · Aug 22, 1986

Yet the district court apparently construed the suits against Lance as at least in part personal-capacity suits, for the court extensively discussed the defense of qualified immunity as a bar to Lance’s liability, and as … We recognize that complaints often fail to specify clearly whether a suit is an official-capacity suit, a personal-capacity suit, or both, and furthermore that the actual result of the proceedings is often the best evidence

David L. Lewis v. Larry Mills

Court of Appeals for the Seventh Circuit · Apr 20, 2012

It is perhaps unsurprising that an establishment like the Playpen—which has since closed—was a haven for trouble. Indeed, the “secondary effects” of strip clubs are well-established. See, e.g., Fantasy Ranch, Inc. v. … The district judge granted their motions in full, ruling as follows: (1) Mills is entitled to absolute pros- ecutorial immunity; (2) Damilano is entitled to qualified immunity; (3) there is no evidence that Gray conspired

Robert E. LEE, Plaintiff-Appellee, v. NATIONAL CAN CORPORATION, Defendant-Appellant

699 F.2d 932 · Court of Appeals for the Seventh Circuit · Feb 8, 1983

The district court below found that Lee had established a prima facie case of racial discrimination in hiring. … The district court finding that Title VII was violated on May 10, 1977, however, is clearly erroneous.

Victoria Weiland v. Shawn Loomis

Court of Appeals for the Seventh Circuit · Sep 18, 2019

A public employee is entitled to immunity in §1983 litigation unless, at the time of the events in question, “clearly established” law would have made apparent to any public employee that his or her acts violated the Constitution … That was enough, the judge wrote, to make the right “clearly established.” The problem with this reasoning is that it starts and ends at a high level of generality.

James R. King v. Illinois State Board of Elections, David E. Murray, Lawrence E. Johnson v. Bobby Rush, Timuel Black, Al Johnson, Intervening

410 F.3d 404 · Court of Appeals for the Seventh Circuit · Aug 1, 2005

Thus, a challenge to the super-majority-Hispanic Fourth District established in Hastert I also amounts to a challenge to the First District established in that case, as well as the other African-American-majority districts … In this case, the State contends neither that it is immune from suit nor that it is immune from having an attorneys' fee award assessed against it. 17 .

Malcolm Little, Jr. v. Daniel Walker

552 F.2d 193 · Court of Appeals for the Seventh Circuit · Apr 22, 1977

such disregard of the plaintiff’s clearly established constitutional rights that their actions could not reasonably be characterized as being in good faith. 5 Judge Decker ordered further briefing on the official immunity … Bensinger, supra, recklessness under Section 1983 comprehends only an objective standard: whether the conduct is with “such disregard of the [plaintiffs] clearly established constitutional rights that [the] action cannot

Reid Knutson v. Wisconsin Air National Guard and Gerald D. Slack

995 F.2d 765 · Court of Appeals for the Seventh Circuit · Jun 9, 1993

The case did not immunize the military from all judicial scrutiny. … Bivens claims than the qualified immunity that state officials receive under section 1983.

In re Klein

776 F.2d 628 · Court of Appeals for the Seventh Circuit · Aug 16, 1985

United States, 431 U.S. 651 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977), and cases permitting immediate appeals of invocations of absolute and qualified immunities. See Mitchell v. … . -, 105 S.Ct. 2806, 2815-17 , 86 L.Ed.2d 411 (1985) (qualified immunity); Helstoski v. Meanor, 442 U.S. 500 , 99 S.Ct. 2445 , 61 L.Ed.2d 30 (1979) (constitutionally based absolute immunity); Lojuk v.

Johnson ex rel. Johnson v. Brelje

701 F.2d 1201 · Court of Appeals for the Seventh Circuit · Feb 18, 1983

Finding that the defendants are entitled to qualified immunity, we affirm the district court’s judgment on this matter. … We believe that the defendants did not violate the plaintiffs’ clearly established constitutional rights and thus cannot be held liable for damages.

C.W. Ex Rel. Wood v. Textron, Inc.

807 F.3d 827 · Court of Appeals for the Seventh Circuit · Aug 26, 2015

As for the appellants’ immune-system issues, she noted that C.W. and E.W. have a “very similar pattern of elevated … immune complexes … . … We disagree with the district court’s categorical exclusion of differential etiology as a method to establish general cau- sation.

Randall S. Goulding v. Irving Feinglass and Irwin Solomon, Randall S. Goulding v. Thomas Dietz

811 F.2d 1099 · Court of Appeals for the Seventh Circuit · Mar 13, 1987

We need not discuss the plaintiffs argument regarding whether the defendants are entitled to qualified immunity as government officials since we hold that the plaintiff was neither deprived of a property nor a liberty interest … Here the plaintiff clearly failed to make the required showing.

Darryl B. Deaktor v. L. D. Schreiber & Co., Al Phillips, Jr. v. The Chicago Mercantile Exchange

479 F.2d 529 · Court of Appeals for the Seventh Circuit · Jun 29, 1973

In order to qualify as a contract market, the Chicago Mercantile Exchange was required to file with the Secretary its rules, regulations and bylaws, including rules “for the prevention of manipulation of prices and the cornering … “The Act clearly contemplates a membership organization and hence the existence of criteria for the acquisition, transfer and loss of membership.” 409 U.S. at 303 , 93 S.Ct. at 581 .

Sparkman v. Mcfarlin

601 F.2d 261 · Court of Appeals for the Seventh Circuit · May 2, 1979

Rather, immunity is an affirmative defense which may defeat the section 1983 claim once that subject matter jurisdiction has been established. … Rhodes, 416 U.S. 232, 242 , 94 S.Ct. 1683, 1689 , 40 L.Ed.2d 90 (1974): Implicit in the idea that officials have some immunity absolute or qualified for their acts, is a recognition that they may err.

Jennifer R. Wilson-Trattner v. Robert Campbell

863 F.3d 589 · Court of Appeals for the Seventh Circuit · Jul 11, 2017

As the district court properly concluded, she has not presented any evidence of extreme or outrageous conduct.5 4 Even if we were to find otherwise, the appellees would be entitled to qualified immunity in their individual … capacities, since the unconstitu- tionality of the appellees’ actions is far from clearly established under DeShaney.

Restoration Risk Retention Group, Inc. v. Gutierrez

880 F.3d 339 · Court of Appeals for the Seventh Circuit · Jan 12, 2018

“[A]s  we  have  long  recognized,  if  an  individual  claims  federal  law  immunizes  him  from  state  regulation,  the  [federal]  court  may  issue  an  injunction  upon  finding  the  state  regulatory  actions  preempted … “A  claim  is  insubstantial  only  if  ‘its  unsoundness so clearly results from the previous decisions of  this court as to foreclose the subject and leave no room for the  inference  that  the  questions  sought  to  be

William O. Mozee v. Jeffboat, Incorporated, and Harold Barnes v. Jeffboat, Incorporated

746 F.2d 365 · Court of Appeals for the Seventh Circuit · Oct 12, 1984

This evidence was offered to establish that there was a pattern of treating black employees more severely than white employees. … Specifically, the district court should determine whether the elements of a claim under McCluney have been established.

Robert Lumbert v. Morgan M. Finley, Clerk of the Court

735 F.2d 239 · Court of Appeals for the Seventh Circuit · May 16, 1984

Clearly, Rule 607(b) does not erect any barrier to adjudication of a criminal defendant’s appeal. … immunity from a claim for damages, in light of our conclusion that Lumbert has failed to state a claim upon which relief can be granted under section 1983, we do not reach this issue.

United States v. Corey T. Robinson and Michael Scott, Jr.

96 F.3d 246 · Court of Appeals for the Seventh Circuit · Sep 13, 1996

The court’s calculation of the amount of crack cocaine attributable to Corey Robinson was not clearly erroneous. III. … Scott was granted immunity for the substance of his testimony. 3 . It does not appear from the record that Corey Robinson and Timothy Robinson are related.