Case 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 .

Richard E. Maul v. Dr. Evan Constan, Anthony A. Metzcus and Richard Gore

23 F.3d 143 · Court of Appeals for the Seventh Circuit · May 5, 1994

This factor is the most important of the three, 7 F.3d at 110 , and here clearly militates against an award of attorney’s fees. … plaintiff establishes, as he did here, that his constitutional rights have been infringed.

Snowden v. Hughes

132 F.2d 476 · Court of Appeals for the Seventh Circuit · Dec 24, 1942

Established as this limitation is, the problem of determining what action is state action within the meaning of the amendment is not always easy. … We conclude that when the act complained of is plainly and clearly in violation of a state law, as in our case, it is not an act of the state for the purposes of the Fourteenth Amendment The judgment is affirmed.

Marcus Muhammad v. Del Pearson

Court of Appeals for the Seventh Circuit · Aug 17, 2018

It held that Pearson was entitled to qual- ified immunity on the unlawful entry claims because plain- tiffs failed to show a violation of clearly established law. … We approach this illegal entry claim through the lens of qualified immunity and ask whether Officer Pearson’s actions violated clearly established law.

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

Brown, Robert v. IL Central RR Co

Court of Appeals for the Seventh Circuit · Jun 20, 2001

First, IC notes that in attempting to establish that he is a "qualified individual with a disability," Brown will have to demonstrate that he is able to perform the "essential functions" of the job at issue, with or without … Unfortunately for Brown, however, bona fide, collectively-bargained se- niority systems which establish rights in other employees are "immune" in the sense that they cannot be subverted or superceded by any command of the

Joyce Whitaker v. Milwaukee County, Wisconsin

772 F.3d 802 · Court of Appeals for the Seventh Circuit · Nov 25, 2014

Wisconsin DHS then moved successfully for its dismissal from the action on the basis of Eleventh Amendment immunity. Ms. … Her harasser, a state court judge, was clearly an employee of the state. She sued various state officials in their official capacities, and she also sued the county.

Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health

699 F.3d 962 · Court of Appeals for the Seventh Circuit · Oct 23, 2012

Section 1983 creates a federal remedy against anyone who, under color of state law, deprives “any citizen of the United States ... of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. … In the context of legislation adopted under the spending power, 5 this rigorous approach reflects concerns about federalism and reinforces the principle that Congress must clearly express its “intent to impose conditions

Hadley v. Quinn

524 F. App'x 290 · Court of Appeals for the Seventh Circuit · Apr 25, 2013

On cross motions for summary judgment, the district judge (again adopting a magistrate judge’s recommendation) concluded that Davinroy, Chaney, and Engelman were entitled to qualified immunity because, the judge said, Hadley … did not have a clearly established right to avoid reimprisonment for a violation that occurred within three years of his first release on parole.

Terrence Buchanan v. Keith Kelly

592 F. App'x 503 · Court of Appeals for the Seventh Circuit · Nov 10, 2014

We agree with the district court that the undisputed facts show that at each stage  of  the  stop,  Kelly  did  not  violate  clearly  established  law.  He  is  entitled  to  qualified  immunity.  … Thus,  at  each  stage  of  the  detention,  Kelly=s  actions  did  not  violate  Buchanan=s  clearly  established  constitutional  rights.  Kelly  is  entitled  to  qualified  immunity.   

Joseph Sorrentino v. Salvador Godinez

777 F.3d 410 · Court of Appeals for the Seventh Circuit · Jan 23, 2015

See John Martinez, A Proposal for Establishing Specialized Federal and State "Takings Courts," 61 ME. L. … It appears not to be one that could be heard in a state court of general jurisdiction, because the State Lawsuit Immunity Act grants immunity to the state from suit “in any court” and provides for specifically defined exceptions

Stephen Marozsan v. The United States of America and the Veterans' Administration, Defendants

852 F.2d 1469 · Court of Appeals for the Seventh Circuit · Jul 25, 1988

Although it is not a model pleading, a reading of Marozsan’s complaint clearly reveals that it establishes a claim for more than benefits. … Section 211(a) clearly precludes our review of the Administrator’s decision to set benefits and disability levels, Winslow v.

Lindell, Nathaniel A v. Frank, Matthew J.

Court of Appeals for the Seventh Circuit · Jul 19, 2004

The court found that the defendants had qualified immunity, however, precluding an award of damages on that claim. … Accordingly, the district court was correct in concluding that Lindell’s constitutional right to receive clippings was not clearly established, and as a result defendants are entitled to qualified immunity on this claim.

In Re Air Crash Disaster Near Roselawn, Indiana on October 31, 1994. Appeal of Theresa A. Severin, as of the Estate of Patricia Henry, Deceased, Roberta Spencer, Special Administrator of the Estate of Kenneth Bartlett Spencer, Deceased, Stewart MacKenzie Co-Executor of the Estate of Betty Innes Struth Tweedie, Deceased

96 F.3d 932 · Court of Appeals for the Seventh Circuit · Jan 16, 1997

Congress passed the FSIA in 1976 to establish statutory standards defining when foreign states and their instrumentalities may be sued in United States courts. … The right to jury trial had an established meaning at the framing of the Constitution that is preserved in the Seventh Amendment.

Continental Can Co., U. S. A. v. Marshall

603 F.2d 590 · Court of Appeals for the Seventh Circuit · Jul 12, 1979

It did not totally immunize Continental from all further noise regulation by the Secretary. The injunction was qualified, see note 7, infra. … Exhaustion is not required if the established administrative procedures would prove unavailing or futile. League of United Latin American Citizens v. Hampton, 163 U.S.App.D.C. 283, 285 , 501 F.2d 843, 845 (1974).

Ralph Buelow v. Walter Dickey, Carol Buelow v. Walter Dickey

847 F.2d 420 · Court of Appeals for the Seventh Circuit · Oct 12, 1988

The public defender asserted that the Bue-lows were not qualified as indigents because the Buelow farm property and assets being held in trust were determined by his office to be personal property within the reach of the … It found that, since the Buelows did not prove indigency by a preponderance of the evidence, the trial court’s determination of nonindigency was not clearly erroneous.

Peirick, Debbie A. v. IN Univ Purdue Athle

Court of Appeals for the Seventh Circuit · Dec 14, 2007

And Human Resources paperwork demonstrates quite clearly that throughout her tenure Peirick was designated an hourly employee. … Hawaii, 791 F.2d 759, 761 (9th Cir. 1986) (holding that the University of Hawaii and its board of regents “are clearly immune as agencies of the state”); Harden v.

Ye, Wei v. Zemin, Jiang

Court of Appeals for the Seventh Circuit · Sep 8, 2004

Clearly such concerns would be greater when the suggested immunity involves a foreign leader. … The Executive Branch’s determination that a foreign leader should be immune from suit even when the leader is accused of acts that violate jus cogens norms is established by a suggestion of immunity.

United States v. Robert Ofcky

237 F.3d 904 · Court of Appeals for the Seventh Circuit · Jan 23, 2001

Second, Ofcky contends that the district court was clearly erroneous in finding him guilty of obstruction of justice. … Nancy he deems incredible because she is estranged from him and because she was granted immunity from prosecution in exchange for testifying against Ofcky.

Terez Cook v. Brian Foster

948 F.3d 896 · Court of Appeals for the Seventh Circuit · Jan 29, 2020

AEDPA), a federal court is not authorized to issue a writ of habeas corpus on a claim rejected by a state court on the merits unless the state‐court decision was “contrary to, or involved an unreasonable application of, clearly … He never established that Babic had not been charged but could be. Whether or not there was a formal immunity agreement, that would have been powerful impeachment evidence. See Youngblood v.