Case law

Bielanski v. County of Kane

550 F.3d 632 · Court of Appeals for the Seventh Circuit · Dec 18, 2008

The court also posited that the defendants would have been entitled to qualified immunity on the Brady claim. … However, because it was not clearly established that a summons and pretrial restrictions constituted a Fourth Amendment seizure, the court found the defendants were entitled to qualified immunity. 168 F.3d at 862 .

Reed v. Columbia St. Mary's Hosp.

915 F.3d 473 · Court of Appeals for the Seventh Circuit · Feb 8, 2019

Toledo , 446 U.S. 635 , 640-41, 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980) (qualified immunity is affirmative defense under 42 U.S.C. § 1983 ; relevant facts are peculiarly within knowledge and control of defendant); Wright & … Four elements must be satisfied to establish a violation of Section 504: (1) the plaintiff must be a handicapped individual as defined by the Act; (2) the plaintiff must be "otherwise qualified" for participation in the program

Kathryn Kaniff v. United States

351 F.3d 780 · Court of Appeals for the Seventh Circuit · Dec 11, 2003

The United States moved to be substituted as the defendant for the tort counts, and the named defendants filed a motion for summary judgment asserting qualified immunity as a defense. … This is enough to establish that the court’s findings of both the fact of her consent and the volun-tariness of her consent were not clearly erroneous. D This leaves one loose end for us to tie up.

Smith v. Sno Eagles Snowmobile Club, Inc.

823 F.2d 1193 · Court of Appeals for the Seventh Circuit · Jul 16, 1987

under Wisconsin’s landowners recreational use immunity statute, Wis. … The appellees’ actions at most amount to negligence but clearly do not rise to the level of a “willful ... failure to guard or to warn against the dangerous condition.”

Flying J, Inc. v. Van Hollen

621 F.3d 658 · Court of Appeals for the Seventh Circuit · Sep 3, 2010

The Court’s comment was made in a footnote during its discussion of whether the New York pricing scheme qualified for state actor immunity. … Because we conclude that the Act is not preempted, we need not consider whether the provision would qualify for state action immunity under Parker v. Brown, 317 U.S. 341 (1943).

American Agriculture Movement, Incorporated v. The Board Of Trade Of The City Of Chicago

977 F.2d 1147 · Court of Appeals for the Seventh Circuit · Oct 20, 1992

Were the emphasized qualifier left out, the CBOT might well have a point. … But this case is not ordinary, for here the CBOT was also subject to the dictates of the CEA and the regulatory regime established thereunder.

U.S. Futures Exchange, L.L.C. v. Board of Trade of the City of

Court of Appeals for the Seventh Circuit · Mar 23, 2020

That would have given USFE about a month to establish itself be- fore a number of futures and options contracts were set to ex- pire, at which time traders could transfer their business from CBOT and elsewhere to USFE. … With this and the other Credit Suisse factors met, the district court rightly concluded the Commission’s approval of Rule 701.01 was “clearly incompatible” with the antitrust laws and their objec- tives.

Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado

771 F.3d 980 · Court of Appeals for the Seventh Circuit · Nov 7, 2014

Waiver of Immunity Pine Top next argues that any immunity available to Ban- co under the FSIA has been waived under §1610(d). … Int’l Arb. 1, 95 (2000). 4 If this case were governed by chapter 1 or 2, to which §16 refers, we clearly would have jurisdiction.

Jewel Tea Co. v. Local Unions Nos. 189, 262, 320, 546, 547, 571 and 638

274 F.2d 217 · Court of Appeals for the Seventh Circuit · Jan 11, 1960

Local Union No. 3, IBEW, 1945, 325 U.S. 797 , 65 S.Ct. 1533 , 89 L.Ed. 1939 , qualifies this exemption. … The alleged illegal conduct of petitioner, however, could not legalize the unlawful combination by respondents nor immunize them against liability to those they injured.” 6.

In re Wheat Rail Freight Rate Antitrust Litigation

759 F.2d 1305 · Court of Appeals for the Seventh Circuit · Apr 17, 1985

In holding AT & T’s conduct to be not impliedly immune, this court established that in order to imply antitrust immunity for a regulated industry, a court must find either: (1) [that] the activities that are the subject of … A remedy was clearly available to the shippers before the ICC for any injury that they might have suffered because of the failure to follow the procedures of the Agreement.

Gregory Resnover v. Linley E. Pearson, Attorney General of Indiana, and Richard Clark, Superintendent, Indiana State Prison

965 F.2d 1453 · Court of Appeals for the Seventh Circuit · Sep 29, 1992

State, 434 N.E.2d 120, 124 (Ind.App.1982) (“It is clearly no violation ... to refuse immunity to defense witnesses_ The [Fourteenth [AJmendment does not require prosecutors to give an ‘immunity bath’ to defense witnesses. … Hooks, 848 F.2d 785, 799 (7th Cir.1988) (“The [use immunity] statute does not obligate the government to grant defense witness immunity....

Silverman v. Ballantine

694 F.2d 1091 · Court of Appeals for the Seventh Circuit · Dec 8, 1982

We hold that defendants retain their qualified immunity because they could not reasonably have known that Tiebauer had a right to counsel at the time of his arrest. 8 21 C. … Regardless of the statutory immunity provided in the Tort Immunity Act, plaintiff cannot prevail on the wrongful death claim.

St. Augustine School v. Jill Underly

78 F.4th 349 · Court of Appeals for the Seventh Circuit · Aug 14, 2023

The Superintendent attempts to in- voke sovereign immunity, but her sovereign immunity de- fense was waived when she voluntarily joined in the removal to federal court. See Lapides v. … Augustine IV when we did not clearly and unambiguously rule on the constitutionality of the defendants’ actions.

Rachel Ybarra v. City of Chicago

Court of Appeals for the Seventh Circuit · Jan 3, 2020

I would affirm summary judgment on the narrower ground of qualified immunity on plaintiff’s Fourth Amendment claim. In briefing in this court, plaintiff effectively conceded that qualified immunity is appropriate. … immunity.

Lee Knowlin v. Pat Thompson and Ed Michalek

207 F.3d 907 · Court of Appeals for the Seventh Circuit · Mar 23, 2000

If Knowlin chose to test the legality of the proposed extradition, he was to be taken before a judge and allowed a reasonable amount of time to apply for a writ of habeas corpus, a proceeding in which the court could establish … The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Knowlin failed to state a claim upon which relief could be granted and, alternatively, that they were entitled to qualified immunity

Catherine Flynn and Ryan Flynn, a Minor, by His Mother Catherine Flynn v. George Shultz, Secretary of State of the United States of America, Defendant

748 F.2d 1186 · Court of Appeals for the Seventh Circuit · Nov 30, 1984

Courts, however, have found it proper to review executive actions taken pursuant to treaties, statutory authority or established administrative procedures. 5 See Hopson, 622 F.2d at 1380-1382 (appropriate to re *1192 view … Plaintiffs ultimately seem to argue that the consular immunity right itself is unconstitutional.

United States v. Geasland

694 F. App'x 422 · Court of Appeals for the Seventh Circuit · Aug 16, 2017

immunity from suit under § 1983. … All of this serves to highlight the magnitude of the burden that Geasland must carry in establishing that his conviction clearly is not one that relates to abusive sexual contact with a minor.

Hunt v. Jaglowski

926 F.2d 689 · Court of Appeals for the Seventh Circuit · Apr 29, 1991

If a [prosecutor's] function was quasi-judicial, the [prosecutor] enjoys absolute immunity. If the function was administrative or investigatory, the [prosecutor] enjoys only qualified immunity." 15 Henderson v. … Under Illinois law, "it is a familiar and firmly established principle that the State's Attorney, as a member of the executive branch of government, is vested with exclusive discretion in the initiation and management of

Florida East Coast Railway Co. v. CSX Transportation, Inc.

42 F.3d 1125 · Court of Appeals for the Seventh Circuit · Dec 21, 1994

The paragraph requires that “[w]henever SCL establishes routes and rates ... it will also establish routes and rates on the same basis to or from any point served by FEC....” … Clearly, if the parties intended the antitrust immunity to extend to the Settlement Agreement, they could not simultaneously have intended the Settlement Agreement to extend beyond the scope of that immunity.

United States v. Moreno L. Keplinger, Paul L. Wright, and James B. Plank

776 F.2d 678 · Court of Appeals for the Seventh Circuit · Oct 29, 1985

Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous. … First is the bizarre contention that because the government immunized Kennedy from prosecution in order to obtain his testimony before the grand jury, he was effectively unavailable to defendants.