Case law

Michael Wilson v. Donald Gaetz

700 F. App'x 540 · Court of Appeals for the Seventh Circuit · Nov 9, 2017

At summary judgment the defendants principally contended that they were entitled to qualified immunity on the ground that Wilson did not have a clearly established right to legal resources or assistance in family-court matters … No. 16-2941 Page 3 Qualified immunity protects government officials from civil liability as long as their actions do not “violate clearly

International Medical Group, Incorporated v. American Arbitration Association, Incorporated

312 F.3d 833 · Court of Appeals for the Seventh Circuit · Jan 8, 2003

clear that the plaintiffs cannot establish any set of facts that would entitle them to the relief requested. … Unless the parties clearly and unmistakably provide otherwise, the question of arbitrability is to be decided by a court, not by an arbitrator.

Jones v. Yorke

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. … As noted, Gardner and Quinn establish that the limited waiver of sovereign immunity created by the filing of the claim extends only so far as necessary to adjudicate that claim, such as considering the objections of other

Am International, Inc. v. Datacard Corporation, Dbs, Inc., Addressograph Farrington, Inc.

106 F.3d 1342 · Court of Appeals for the Seventh Circuit · Feb 11, 1997

AMI cried foul and moved to reopen discovery, arguing the “sufficient information” standard applied by the district court was a substantial departure from established precedent. … AMI was clearly not interested in using the delay period to resolve the dispute without going to court.

Corning Glass Works v. Federal Trade Commission

509 F.2d 293 · Court of Appeals for the Seventh Circuit · Jan 29, 1975

The focus was on the immunization of specific contracts and not on the immunization of a series of consensual transactions. … Its performance of that public service in no way qualifies its status as an independent agency entitled to our respect in the discharge of its quasi-judicial functions.

Rush-Presbyterian-St. Luke's Medical Center v. The 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.

In Re Paul Perlin, a Witness Before the April 1977 Grand Jury, Paul Perlin

589 F.2d 260 · Court of Appeals for the Seventh Circuit · Dec 15, 1978

Perlin persisted in his refusal to testify and was granted immunity on June 14, 1978. … There will be sufficient opportunity to raise this issue if the immunity is in fact misused.

Alejo, Urbano v. Heller, Gary

Court of Appeals for the Seventh Circuit · May 13, 2003

established constitutional rights by advising Heckler to pursue disciplinary charges against Alejo and was therefore entitled to qualified immunity. … immunity.

United States v. Clarence E. Braasch

505 F.2d 139 · Court of Appeals for the Seventh Circuit · Oct 23, 1974

In addition, 48 witnesses were produced by the Government who were owners or employees of the liquor establishments in the “little club”; who testified under a blanket immunity grant, and who asserted that they had personally … Marachowsky, 213 F.2d 235, 244 (7th Cir. 1954), clearly approves the action of one judge sitting for another to make any order necessary to preserve the-rights of the parties. V.

Charles Booker v. James Ward and Thomas Kelly, Chicago Police Detectives

94 F.3d 1052 · Court of Appeals for the Seventh Circuit · Aug 29, 1996

immunity. … We therefore need not address whether Ward and Kelly were entitled to qualified immunity for their actions.

McDonough Associates, Incorpor v. Ann Schneider

722 F.3d 1043 · Court of Appeals for the Seventh Circuit · Jul 16, 2013

We find that this relief is clearly barred by the Eleventh Amend- ment as reflected in Edelman. … Such relief clearly violates Edelman and thus cannot be saved by reliance on Ex parte Young.

In the Matter of Lee J. Klein, a Witness Before the Special September 1983 Grand Jury, Appeal of John H. Weston, David M. Brown, Robert E. Smith, Carl L. Rubin, Stephen M. Taylor, and Michael Y. Sandborn, Witnesses Before the Special September 1983 Grand Jury, Appeal of Harry Virgil Mohney, Lee J. Klein, and Burton H. Gorelick, Intervenors-Appellants

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.

Eloise Beard, as Administratrix of the Estate of Jeff Beard, Deceased v. William M. O'Neal

728 F.2d 894 · Court of Appeals for the Seventh Circuit · Feb 22, 1984

immunity. … We are all not liable for damages, however, because clearly we did not all have a constitutional duty to intervene.

Nathan G. Grossgold v. Supreme Court of Illinois

557 F.2d 122 · Court of Appeals for the Seventh Circuit · Jun 23, 1977

In August 1962 plaintiff was qualified to practice law in Illinois and became a member of the bar of the Supreme Court of Illinois. … However, that argument is foreclosed by In re Summers, 325 U.S. 561 , 565 n. 6, 65 S.Ct. 1307 , 89 L.Ed. 1795 which establishes that orders issued involving disciplining members of the Illinois bar are “an exercise of judicial

Tim Pierce and Sheryl Pierce v. Village of Divernon, Illinois, a Village Duly Constituted Under the Laws of the State of Illinois

17 F.3d 1074 · Court of Appeals for the Seventh Circuit · Mar 3, 1994

Section 10/5-101 provides immunity to a “local public entity” if it fails to establish a fire department or to provide any fire protection whatsoever. 3 Thus, if a local public entity chooses, for whatever reason, not to … Because the Village is clearly protected by the Tort Immunity Act, the district court properly dismissed plaintiffs’ negligence claim. 6 B.

Dye, Anthony v. Wargo, William B.

Court of Appeals for the Seventh Circuit · Jun 11, 2001

the time of the incident there was no case law clearly establishing that his conduct was unconstitutional. … In fact, in my opinion Dye’s account of Wargo’s actions states at least two excessive force claims for which Wargo would not be entitled to qualified immunity.

Bertha Balark, and Cross-Appellant v. Michael Curtin, and Cross-Appellees

655 F.2d 798 · Court of Appeals for the Seventh Circuit · Jul 31, 1981

A finding that there was no such agreement is not clearly erroneous (and the dissent does not suggest to the contrary). … The dissent suggests that Illinois may in the future “recreate some type of municipal immunity to garnishment” for claims subject to indemnity, but there is admittedly no such immunity under present law.

United States v. Lewis F. Shelton, James Darrough, John Derry, Donald Burks, and Carl Bledsoe

669 F.2d 446 · Court of Appeals for the Seventh Circuit · Jan 21, 1982

McDaniel, 482 F.2d 305, 311 (8th Cir. 1973), to establish that the Government’s burden is “insurmountable” even if it did not use the immunized testimony as evidence at trial because it must establish that it did not use … We think McDaniel is clearly distinguishable, however, because there the immune testimony was in the nature of a confession of the defendant’s misdeeds. McDaniel, 482 F.2d at 311 .

Riccardo, Anthony v. Rausch, Larry

Court of Appeals for the Seventh Circuit · Jul 12, 2004

immunity because reasonable officers would not necessarily have understood that the law clearly required Riccardo and Garcia to be in separate cells. … Finally, though unpursued by the majority, defendant argues that should a constitutional violation be found, he is nevertheless entitled to qualified immunity.

Nanda, Navreet v. Bd Trustees Univ IL

Court of Appeals for the Seventh Circuit · Sep 17, 2002

Garrett, 531 U.S. 356 (2001), the Court established a higher bar for congressional abrogation of the States’ Eleventh Amend- ment immunity. … We dismissed the argument that Garrett 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