Case law

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.

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.

Graham v. Sauk Prairie Police Commission

915 F.2d 1085 · Court of Appeals for the Seventh Circuit · Oct 3, 1990

intentional and nonintentional torts in determining whether a public official or employee qualifies for indemnification. … Id. at 478. 7 34 Rentmeester's affidavit merely establishes that Mueller's use of deadly force was improper under the circumstances; the affidavit does not establish that Mueller's shooting was disconnected from the type

Robert McDaniel v. Salam Syed

Court of Appeals for the Seventh Circuit · Sep 16, 2024

Eleventh Amendment Sovereign Immunity Sovereign immunity bears on whether a federal court may hear a case, so we address it before reaching the merits. See Seminole Tribe of Florida v. … to assign him to a no-stairs unit. 16 We read these cases, taken together, as establishing a few general principles.

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.

Ronald Bates v. City of Chicago

726 F.3d 951 · Court of Appeals for the Seventh Circuit · Aug 9, 2013

The district court dismissed these claims against Joyce and the two District Chiefs under Federal Rule of Civil Procedure 12(b)(6) because it concluded that these defendants were entitled to qualified immunity from a “cat … immunity, such an error would be harmless under Federal Rule of Civil Procedure 61.

Wright v. Califano

603 F.2d 666 · Court of Appeals for the Seventh Circuit · Aug 14, 1979

Any such claim necessarily required a waiver of sovereign immunity. Id. … The doc *672 trine of sovereign immunity does not require more. 16 III.

Baldwin-Lima-Hamilton Corporation, a Corporation of Delaware v. United States

435 F.2d 182 · Court of Appeals for the Seventh Circuit · Dec 3, 1970

In order to qualify as a Western Hemisphere Trade Corporation, a corporation must derive 95% of its gross income from sources outside of the United States and within the Western Hemisphere. … Nevertheless, Western Hemisphere Trade Corporations are not immune from § 482.

Hyung Koh v. Sung Kim

Court of Appeals for the Seventh Circuit · Aug 13, 2019

right was “clearly established at the time of the alleged violation.” … Ustich and Graf Turning now to Ustich and Graf’s appeal, they argue they are entitled to qualified immunity because it was not clearly established in June 2009 that their conduct during Mr.

Richard Wagoner v. Indiana Department of Correcti

778 F.3d 586 · Court of Appeals for the Seventh Circuit · Feb 4, 2015

immunity protects the Commissioner from indi- No. 13-3839 Page 5 vidual liability under the Rehabilitation Act. … To establish a violation of Title II of the ADA, “the plaintiff must prove that he is a ‘qualified indi- vidual with a disability,’ that he was denied ‘the benefits of the services, programs, or activities of a public entity

Lorenzo Hall v. Rick Sutton

Court of Appeals for the Seventh Circuit · Nov 5, 2014

Qualified immunity “protects government officials from suit for damages when their conduct does not violate clearly established statutory or constitutional rights.” Pearson v. Callahan, 555 U.S. 223, 231 (2009).  … Courts may address the two prongs of qualified immunity in either order. Pearson, 555 U.S. at 236. A right is clearly established if “a reasonable official would have understood what he is doing violates that right.” 

Robert McDaniel v. Salam Syed

Court of Appeals for the Seventh Circuit · Sep 16, 2024

Eleventh Amendment Sovereign Immunity Sovereign immunity bears on whether a federal court may hear a case, so we address it before reaching the merits. See Seminole Tribe of Florida v. … to assign him to a no-stairs unit. 16 We read these cases, taken together, as establishing a few general principles.

Granados v. Reivitz

776 F.2d 180 · Court of Appeals for the Seventh Circuit · Oct 31, 1985

SSI persons qualify automatically for medical assistance. … (state immunity is a question for the legislature). Nor were we able to find in the Social Security Act any indication of congressional intent to waive the state’s immunity to suit in federal court.

Varner, Iris I. v. IL State University

Court of Appeals for the Seventh Circuit · Sep 6, 2000

In our initial consideration of this case, we affirmed the district court in all respects, finding that Congress clearly intended to abrogate the States’ Eleventh Amendment immunity through its passage of the Equal Pay Act … claim of sovereign immunity and denied their motion to dismiss.

Coady C.L. Craddick v. Jack R. Duckworth

113 F.3d 83 · Court of Appeals for the Seventh Circuit · May 5, 1997

The court added that defendant satisfied the criteria established in § 2000bb-l(b)(2) for “the least restrictive means of furthering [a] compelling governmental interest.” … Therefore, defendant was entitled to the defense of qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 .

Pardo v. Hosier

946 F.2d 1278 · Court of Appeals for the Seventh Circuit · Oct 30, 1991

However, the district court found that the defendants were entitled to qualified good faith immunity and granted partial summary judgment in their favor. Id. at 702 . … We find, however, that the regulation at issue does not create a liberty interest and so we need not address the issue of defendants’ qualified immunity.

Hanson v. DANE COUNTY, WIS.

608 F.3d 335 · Court of Appeals for the Seventh Circuit · Jun 15, 2010

The district court resolved this issue on the basis of qualified immunity, ruling that a rea- sonable officer would not have understood that the questioning was “custodial.” See Beckwith v. … It is done all the time through formal grants of immunity. See 18 U.S.C. §§ 6001–05.

Keith Dean and Cornelius Harper, Petitioners-Appellees-Cross-Appellants v. Jack Duckworth, Respondent-Appellant-Cross-Appellee

748 F.2d 367 · Court of Appeals for the Seventh Circuit · Feb 19, 1985

They have presented virtually no support to establish that the court actually had the authority to grant their request. … Nor have petitioners presented any evidence that the prosecutor clearly abused his discretion in refusing to grant immunity, thereby violating the due process clause.

William P. Andrews v. Consolidated Rail Corporation and United States Department of Labor

831 F.2d 678 · Court of Appeals for the Seventh Circuit · Jul 27, 1987

The court, however, found that Conrail is a for-profit corporation established under the laws of Pennsylvania. Id. at 55 . … As previously noted, the Supreme Court concluded “[t]hat an agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).” Id. at 1656.

Michael Kingsley v. Stan Hendrickson

744 F.3d 443 · Court of Appeals for the Seventh Circuit · Mar 3, 2014

immunity was not available. … The jury was instructed that the plaintiff must establish that there was a “use of force that was clearly excessive to the need[,] ... the excessiveness of which was ... objectively unreasonable in light of the facts and