Case law

John Vishnevsky and Margaret Vishnevsky v. United States

581 F.2d 1249 · Court of Appeals for the Seventh Circuit · Aug 9, 1978

These cases unquestionably establish the possibility of waiver where the period of limitations for filing a refund claim has not run. … And it is clearly the law that an ordinary action which will result in depletion of the public treasury operates against the sovereign. See Dugan v.

Howard Wilson v. Odie Washington

138 F.3d 647 · Court of Appeals for the Seventh Circuit · Mar 27, 1998

As Reynard and the police built their cases against Glenn and Alvin they also learned that Howard Wilson lied in his early attempts to establish an alibi for the night of the murders. … The district court examined the facts and history of Wilson’s claim and reasoned that Wilson clearly implicated due process by alleging that the State offered him immunity but then reneged and prosecuted him: It is beyond

David Furry v. United States

712 F.3d 988 · Court of Appeals for the Seventh Circuit · Mar 13, 2013

The district court declined to find that Williams breached his duty of ordinary care, and we conclude that the court’s factual finding on this issue was not clearly erroneous. … Officer Tadrowski also testified about the damage to the vehicles and his inter- actions with the plaintiffs and Williams, but the district court did not find him “qualified to opine as to which vehicle struck the other.”

Volk v. Coler

845 F.2d 1422 · Court of Appeals for the Seventh Circuit · May 2, 1988

At this meeting, Tapen admitted that Volk was a good *1429 worker and qualified for the Social Worker I position. … Together, they rejected her for a position for which she was clearly qualified (compared to the pool of applicants) and approved her later transfer.

Payne v. Churchich

161 F.3d 1030 · Court of Appeals for the Seventh Circuit · Nov 6, 1998

Tort Immunity Act. … Indeed, the allegations set forth acts and conduct that, if established, could constitute only negligence.

United States v. Diana Gumila

879 F.3d 831 · Court of Appeals for the Seventh Circuit · Jan 16, 2018

The judge did not clearly err in determining that none of the payments for care-plan oversight services were warranted. … But for the care-plan oversight services, Gumila was unable to establish that any of the services had even been performed, let alone that they qualified for Medicare reim- bursement. B.

Resolution Trust Corp. v. Gallagher

10 F.3d 416 · Court of Appeals for the Seventh Circuit · Nov 9, 1993

I believe that these changes are essential if we are to attract qualified officers and directors to serve in our financial institutions. … These "insulating” statutes provide for various amounts of immunity to directors and officers.

United States v. John Orozco

Court of Appeals for the Seventh Circuit · Aug 13, 2009

We evaluate an officer’s good- faith reliance with an analysis similar to the one used in qualified-immunity cases and charge officers with knowl- edge of well-established legal principles. United States v. … We have not “clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indistinguishable from those presented in the case at hand.” Id.

Lieutenant Mary Ogden v. The United States of America

758 F.2d 1168 · Court of Appeals for the Seventh Circuit · Mar 29, 1985

A number of clearly nonreligious activities, however, also transpired regularly at the Center. … Defendants do not argue that the doctrine of sovereign immunity bars plaintiffs’ claims for nonmonetary relief.

United States v. John L. Lea

618 F.2d 426 · Court of Appeals for the Seventh Circuit · Mar 24, 1980

These mailings, clearly not essential to the scheme, 5 were ordinary incidents of an essential element — the opening of checking accounts. … However, if any one of them testified untruthfully under this grant of immunity, he could be prosecuted for perjury or the making of a false statement even though he was testifying under a grant of immunity.

Indiana Prot. and Adv. v. Ind. Family Soc. Serv.

573 F.3d 548 · Court of Appeals for the Seventh Circuit · Jul 28, 2009

Or it could mean that, to qualify for a grant, the state "shall" ensure that the system can do all of the listed things. That's the norm for strings attached to federal grants. … Indiana might have established its "system" as a private entity, the way legal services corporations are organized. See 42 U.S.C. § 10805 (c).

Leo Burroughs, Jr., Cross-Appellees v. Carla Hills, Secretary, Department of Housing and Urban Development, Cross-Appellants

741 F.2d 1525 · Court of Appeals for the Seventh Circuit · Aug 15, 1984

No legislative history is cited to supply what the statutory language clearly does not supply. … This position assumes that Congress did not intend that HUD be immune from such suits.

United States v. Reese

666 F.3d 1007 · Court of Appeals for the Seventh Circuit · Jan 13, 2012

No. 10-2562 15 “A party establishes a foundation for admission of business records when it demonstrates through the testi- mony of a qualified witness that the records were … The district court’s finding that these payments were reasonably foreseeable and in furtherance of the con- spiracy was not clearly erroneous.

Redding v. Fairman

717 F.2d 1105 · Court of Appeals for the Seventh Circuit · Sep 13, 1983

The district court’s determination that the defendants enjoy only qualified, “good faith” immunity is affirmed. C. … Adjustment Committee members enjoy only qualified immunity, not absolute immunity, from damages liability.

Balton v. City of Milwaukee

133 F.3d 1036 · Court of Appeals for the Seventh Circuit · Jan 15, 1998

immunity given the murkiness of the law. … immunity; the rights he allegedly violated were not "clearly established."

United States v. Marvin Chapman

765 F.3d 720 · Court of Appeals for the Seventh Circuit · Aug 28, 2014

Beyond this misunderstanding, the record does not clearly reveal the basis for the judge’s ruling. … Smith, 615 F.2d 964, 974 (3d Cir. 1980) (requiring defense-witness immunity “when it is found that a potential defense witness can offer testimony which is clearly exculpatory and essential to the defense case No. 12-1415

United States v. Lopez, Angel C.

Court of Appeals for the Seventh Circuit · Aug 17, 2000

This finding may be reversed only if clearly erroneous. Id. (citation omitted). … In Newman, we held that restitution does not qualify as criminal punishment. 145 F.3d at 538; see also United States v. Black, 125 F.3d 454, 467 (7th Cir. 1997).

Francis Gates v. Patrick Scott Baker

755 F.3d 568 · Court of Appeals for the Seventh Circuit · Jun 18, 2014

The FSIA codifies the general rules with respect to both immunity from suit and immunity from at- tachment of assets. … Subsec- tions (a) and (b) establish a number of specific exceptions to foreign sovereign immunity from attachment or execution.

United States v. Larry L. Koerth A/K/A Lonnie Younger

312 F.3d 862 · Court of Appeals for the Seventh Circuit · Dec 31, 2002

We evaluate an officer’s good-faith reliance with an analysis similar to that used in cases involving the affirmative defense of qualified immunity. See Olson v. … Sturz acted in objective good faith, and the evidence seized by the drug task force was properly admitted, because it was not *870 clearly established on August 31, 2000 that Inv.

Scott v. Schmidt

773 F.2d 160 · Court of Appeals for the Seventh Circuit · Sep 17, 1985

Sec. 1983 because he did not allege facts which establish a deprivation of due process; and that Scott's section 1983 first, fifth, sixth, and eighth amendment claims were frivolous. This appeal followed. … but not absolute immunity.