Case law

Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.

653 F.3d 448 · Court of Appeals for the Seventh Circuit · Aug 5, 2011

The power established in Article III does not supersede “the sovereign immunity that the States possessed before entering the Union.” College Sav. Bank v. Florida Prepaid Postsecondary Educ. … Some questions about state sovereign immunity, however, have received less attention. One deals with the scope of the defense. Is the doctrine absolute, or is it qualified or restrictive?

Billy Julian v. Sam Hanna

Court of Appeals for the Seventh Circuit · Oct 21, 2013

Interpreting  the  same  Indiana  immunity  statute,  we  held  in  Belcher  v.  …   as  distinct  from  judges  and  prosecutors  the  immunities  normally  are  qualified  rather  than  absolute,  and  a  qualified  immunity  would  not  protect  the  deliberately  wrongful  (indeed  outrageous)  con‐

John Justice v. Town of Cicero

Court of Appeals for the Seventh Circuit · Aug 14, 2009

Additionally, as the district court recog- nized, qualified immunity protects officers who “reason- 8 No. 07-3990 ably but mistakenly conclude that probable cause is present. … Given Hibbert’s affidavit and the finding of probable cause by the judge, these two officers are each entitled to qualified immunity.

Ernest Fenton v. Kelli Dudley

761 F.3d 770 · Court of Appeals for the Seventh Circuit · Aug 1, 2014

Discussion  As  a  preliminary  matter,  we  note  that  the  Cook  County  Circuit Court’s decision to enter an injunction after the case  had  been  removed  to  federal  court  is  clearly  contrary  to  28  U.S.C. … Indeed,  at  oral  argument  counsel  for  the  defendants  admitted  that  the  Act  does  not  immunize  the  conduct  at  issue. 

Patricia A. Luna v. United States

454 F.3d 631 · Court of Appeals for the Seventh Circuit · Jul 17, 2006

Discussion The FTCA is a limited waiver of the United States’ sovereign immunity. Warrum v. United States, 427 F.3d 1048, 1049-50 (7th Cir.2005). … Loaning and borrowing employers share immunity from tort liability under the IWCA. Belluomini, 64 F.3d at 302 ; O’Loughlin v. ServiceMaster Co. Ltd.

Bernard Mims v. City of Chicago

Court of Appeals for the Seventh Circuit · Oct 21, 2025

Finally, by way of alternative reasoning, the district court determined that qualified immunity protected Detectives McNally and Przepiora from § 1983 liability. … It found no clearly established law requiring police officers to ensure that defense counsel receives court-impounded materials to which the prosecutor, here Assistant State’s Attorney William Delaney, had access at all relevant

Maddox v. Love

655 F.3d 709 · Court of Appeals for the Seventh Circuit · Aug 24, 2011

The defendants ad- dressed the merits of Count 4 in their memorandum in support of summary judgment and raised the defense of qualified immunity, but the district court didn’t address those issues, nor has either party addressed … Sheriff’s Office, 634 F.3d 906, 916-17 (7th Cir. 2011) (remanding to the district court the issue of whether the defendants are en- titled to summary judgment on the basis of qualified immunity).

Barrows, Paul v. Wiley, John

Court of Appeals for the Seventh Circuit · Feb 22, 2007

The district court granted the defendants’ motion for summary judgment, concluding that Barrows had failed to establish that the University caused him economic harm and that Wiley was entitled to qualified immunity. … immunity grounds.

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.

Heitler v. United States

244 F. 140 · Court of Appeals for the Seventh Circuit · Apr 10, 1917

It is likewise clear that immunity for testifying was, before the trial, promised Rosensweig. … Nor did their remaining as defendants on trial tend to mislead the jury as to the fact of promised immunity to Rosensweig, since," notwithstanding his denial of it, nevertheless it so clearly appeared that the jury could

Thill Securities Corporation, Etc. v. The New York Stock Exchange

433 F.2d 264 · Court of Appeals for the Seventh Circuit · Nov 18, 1970

This statement apparently could imply a broader immunity than is warranted by the teachings of Silver . … Such allegations of predatory practices in such a vital industry clearly require more than summary dismissal and should be fully considered on remand.

McBride v. Grice

576 F.3d 703 · Court of Appeals for the Seventh Circuit · Aug 11, 2009

Stat. 5/7-3, gave him the right to escort a disruptive person out of his store and that a different video from a second camera clearly shows the entire incident. … City of Chicago, 215 F.3d 758 , 770-71 (7th Cir.2000), in which we held that, on the facts alleged in the complaint in that case, the police- *706 officer defendants could not rely on qualified immunity as a ground for dismissal

Fries v. Helsper

146 F.3d 452 · Court of Appeals for the Seventh Circuit · Jul 1, 1998

The record clearly illustrates that Judge Crabb had proper authority to decide the motions. … To the contrary, the record clearly illustrates that Fries received more than sufficient process of law.

Sandra T.E. v. South Berwyn School District 100

600 F.3d 612 · Court of Appeals for the Seventh Circuit · Mar 30, 2010

immunity. … Mar. 17, 2010) (affirming denial of qualified immunity). 8 No. 08-3344 attorney-client privilege do not qualify for immediate appeal under the collateral-order doctrine of Cohen

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.

State Bank of India v. National Labor Relations Board

808 F.2d 526 · Court of Appeals for the Seventh Circuit · Dec 11, 1986

The NLRA and its legislative history clearly establish that Congress did not intend to exempt from NLRA jurisdiction a foreign enterprise with substantial commercial operations in this country and employing American residents … In this case our duty is clearly laid out by the text of the statute itself: “As to any claim for relief with respect to which a foreign state is not entitled to immunity ... the foreign state shall be liable in the same

William E. Felton v. Board of Commissioners of the County of Greene and Robert F. Crowe, in His Official Capacity

5 F.3d 198 · Court of Appeals for the Seventh Circuit · Sep 10, 1993

Because Crowe had qualified immunity under Pounds v. … According to the court, this finding is significant in that “it clearly establishes that Sullivan knew prior to the meeting of the Commissioners on January 4, 1989, that he had the necessary two votes to be appointed to the

United States v. Cathy Truitt

938 F.3d 885 · Court of Appeals for the Seventh Circuit · Sep 12, 2019

The Moorish Temple teaches that neither the states nor the federal government have any authority over its members, who instead purport to hold something akin to diplomatic immunity. … in gen- eral” but whether he is qualified “to answer a specific ques- tion,” Gayton v.

Russell, Tracy v. Harms, Bryan

397 F.3d 458 · Court of Appeals for the Seventh Circuit · Feb 2, 2005

Only if we answer that question in the affirma- tive do we address whether the officers are protected by qualified immunity. Id. … Viewing the complaint as a whole, it clearly establishes probable cause to search plaintiffs’ house.

Listecki Ex Rel. Archdiocese of Milwaukee Catholic Cemetery Perpetual Care Trust v. Official Committee of Unsecured Creditors

780 F.3d 731 · Court of Appeals for the Seventh Circuit · Mar 9, 2015

But, the Archdiocese argues, the Committee gets a “lim- ited grant of immunity” and only governmental actors get immunity. … The Code’s importance in our na- tion’s history is well-established.