Case law

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.

Georgia Townsend, (Cross-Appellants) v. Joel Edelman, Acting Successor to Edward T. Weaver, (Cross-Appellees)

518 F.2d 116 · Court of Appeals for the Seventh Circuit · Jun 2, 1975

Smith [ 392 U.S. 309 , 88 S.Ct. 2128 , 20 L,Ed.2d 1118] establishes that, at least in the absence of congressional authorization for the exclusion clearly evidenced from the Social Security Act or its legislative history, … But the burden of proof clearly rests upon the AFDC recipient to establish need. The State of Illinois would not object to giving such an individual the additional aid to eliminate the deficit under the circumstances.

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).

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.

Kenneth R. Shockley v. Mary Spinner Jones and Terry McLain

823 F.2d 1068 · Court of Appeals for the Seventh Circuit · Jun 26, 1987

The defendants also alleged immunity from suit based on the good faith performance of their official duties. … the plaintiff with the opportunity to discover the facts necessary to establish jurisdiction.

Jordan v. Weaver

472 F.2d 985 · Court of Appeals for the Seventh Circuit · Jan 18, 1973

As this Court recently made clear: “Restitution is clearly an equitable remedy. … impression whose resolution was not clearly foreshadowed * * 404 U.S. at 106 , 92 S.Ct. at 355 (emphasis supplied).

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.

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.

Ernest Werner Loos v. Immigration and Naturalization Service

407 F.2d 651 · Court of Appeals for the Seventh Circuit · Mar 24, 1969

The record clearly shows his application for IV-C classification was not ignored. Actually there is substantial evidence supporting the Board’s finding *653 that Loos’ application for that classification was granted. … In that case, the INS conceded that petitioner Yuen Lan Horn was qualified in every respect, except for her misrepresentation, to acquire United States citizenship.

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

Henry Ruppel v. CBS Corporation

701 F.3d 1176 · Court of Appeals for the Seventh Circuit · Nov 30, 2012

Among the requirements for removal is a colorable federal defense, and CBS asserted it was entitled to government contractor immunity. … Requiring the defense only be colorable, instead of “clearly sustainable,” advances this goal. Id. at 407.

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.

United States v. Cristofer Tichenor

683 F.3d 358 · Court of Appeals for the Seventh Circuit · Jun 13, 2012

For several reasons, Tichenor has failed to establish that this clause was vague as applied to him. … Regardless of any uncertainty as to the scope of the residual clause in other contexts and which methodology to apply, Tichenor’s prior offense had been clearly identified as qualifying as a crime of violence in this circuit

Brian Davis v. City of Milwaukee

642 F. App'x 627 · Court of Appeals for the Seventh Circuit · May 17, 2016

Chalstrom responded that a reasonable building-code inspector would not know that a warrantless inspection of the exterior of an unoccupied rental building from publicly accessible areas violates clearly established federal … At our suggestion, the district court ordered the parties to submit additional briefing regarding qualified immunity.

Juan Mendez v. City of Chicago

Court of Appeals for the Seventh Circuit · Dec 3, 2025

The district court found no Fourth Amendment violation under the totality of the circum- stances and relied on qualified immunity in the alternative. We affirm. … It acknowledged that the footage was too unclear to establish that Mendez had pointed a gun at the officers.

Equal Employment Opportunity Commission v. O & G Spring and Wire Forms Specialty Company

38 F.3d 872 · Court of Appeals for the Seventh Circuit · Oct 11, 1994

Three people testified that they were over 45 and qualified to work at O & G, but had been rejected. The EEOC also introduced two letters written to the EEOC. … Statistics may prove such a pattern, id., and here they clearly did.

Bissessur v. Indiana University Board of Trustees

581 F.3d 599 · Court of Appeals for the Seventh Circuit · Sep 11, 2009

It found that the defendants had qualified immunity with respect to Bissessur’s claims for monetary damages. … contract establishes an entitlement to a tangible continuing benefit, see Bd. of Regents of State Colleges v.

United States v. Burnell G. Watson

623 F.2d 1198 · Court of Appeals for the Seventh Circuit · Jun 11, 1980

restatement of instruction No. 6 on the same subject which was given by the court. 15 The trial court *1205 was under no obligation to adopt the language requested in the proposed instruction since the charge given to the jury clearly … The trial judge agreed with the government that the requested instruction on immunity was argumentative.

Johnson v. Scott

576 F.3d 658 · Court of Appeals for the Seventh Circuit · Aug 7, 2009

The surrender also did not establish that Johnson was unarmed. … Ill In addition to arguing that he should be granted summary judgment because his conduct was reasonable, Scott also asserts that he is entitled to qualified immunity.

State of Illinois v. Chiplease, Incorporated

721 F.3d 796 · Court of Appeals for the Seventh Circuit · Jun 28, 2013

The amendment establishes a morato- rium on new Qualified Facilities, provides additional grounds for disqualifying facilities from the subsidy, and expands the conditions under subsection (d) that trigger a facility’s liability … Mark’s Const., Inc., 923 N.E.2d 735, 743 (Ill. 2010) (“[T]he legislature clearly ex- pressed its intent that the statute be given retroactive effect.