Case law

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.

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.

United States v. Larry Purnell

701 F.3d 1186 · Court of Appeals for the Seventh Circuit · Dec 3, 2012

The court is required only to articulate the basis for its decision clearly enough for this court to determine whether the decision is rea- sonable. United States v. Marion, 590 F.3d 475, 477-78 (7th Cir. 2009). … White, 102 F.3d 267, 276 (7th Cir. 1996) (reversing grant of qualified immunity; prisoner’s right to be free from retaliation for exercising rights to chal- lenge conditions of confinement was clearly established).

James A. And Isabelle Carroll v. Commissioner of Internal Revenue

418 F.2d 91 · Court of Appeals for the Seventh Circuit · Oct 22, 1969

This Court, upon review, will reverse only if such determination is clearly erroneous. Kramer v. Commissioner of Internal Revenue, 389 F.2d 236, 239 (7th Cir. 1968); Kessmar Construction Company v. … “A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

Leonard D. Bronk v. John M. Cirilli

775 F.3d 871 · Court of Appeals for the Seventh Circuit · Jan 5, 2015

The annuity clearly is not employer sponsored; whether it complies with the Internal Revenue Code has not been established, but the trustee raised this issue far too late in the proceedings and so it is waived. … Bronk clearly has a legal interest in each of the Edvest college savings accounts.

Ryan Milbeck v. Allison George

Court of Appeals for the Seventh Circuit · Mar 30, 2026

The district court dismissed all claims on the pleadings because the officers had probable cause to arrest Milbeck and the prosecutor was absolutely immune from suit. … Second, the defendants claim the individual officers are entitled to qualified immunity because it is not clearly established that a temporary felony “want” is insufficient to allow police to enter a suspect’s home.

Gruca v. Alpha Therapeutic Corp.

51 F.3d 638 · Court of Appeals for the Seventh Circuit · Mar 24, 1995

Poole was diagnosed with Acquired Immune Deficiency Syndrome (“AIDS”) in March 1986 after his physician discovered that Poole had an opportunistic infection resulting from a weakened immune system, or an AIDS-related illness … Statements made during closing argument must be plainly unwarranted and clearly injurious to constitute reversible error. Lockley v. Deere & Co., 933 F.2d 1378, 1388 (8th Cir.1991).

Hicks v. Resolution Trust Corporation

970 F.2d 378 · Court of Appeals for the Seventh Circuit · Nov 9, 1992

Hicks now contends that Judge Lindberg erred in concluding that his claim failed to establish the third element--a violation of a clearly mandated Illinois policy. … Whistleblowers cannot, by imaginative pleadings, qualify as a class afforded § 1985(3) protection, for they do not possess any of the characteristics--i.e. race, national origin or gender--which are traditionally part and

United States v. Sinovel Wind Group Co., Ltd

794 F.3d 787 · Court of Appeals for the Seventh Circuit · Jul 23, 2015

The Court has stressed that the orders qualifying for appeal under this doctrine comprise a “small category,” Swint v. Chambers Cty. … Sinovel argues in its mandamus petition that the district court’s order declin- ing to quash service of process was clearly erroneous, and then it leaps to the conclusion that it has no other recourse but mandamus.

Wydrick Phillips v. Jiminez Allen

668 F.3d 912 · Court of Appeals for the Seventh Circuit · Feb 10, 2012

Probable cause is established, and arrests are made, without an adversarial presentation. … A rule of law devised after the events does not support an award of damages; officer Allen would be entitled to qualified immunity. See al- Kidd, 131 S. Ct. at 2083–85.

Sandra Valentino v. Village of South Chicago Heigh

Court of Appeals for the Seventh Circuit · Jul 30, 2009

The district court also found that the Village was immune to Valentino’s Illinois tort claim under section 2-201 of the Illinois Tort Immunity Act. … Municipal defendants are required to establish both of these elements in order to invoke immunity 4 The Illinois Supreme Court, in Smith v.

Bruggeman, Brian v. Blagojevich, Rod

Court of Appeals for the Seventh Circuit · Apr 7, 2003

Snyder, 213 F.3d 344, 347 (7th Cir. 2000), which holds that only a state, and not state officials, may be sued for violations of the ADA and that the state is immune from suit by virtue of the Eleventh Amendment. … This was a ruling on the merits, having nothing to do with jur- isdiction. 4 No. 02-1730 Not that standing and the merits are always or in this case clearly distinct.

Dennis Digiore, Robert Dufkis, Ken Easterly, Joe Gabuzzi, William E. Johns v. George H. Ryan, Giacomo A. Pecoraro, and Tina Prose

172 F.3d 454 · Court of Appeals for the Seventh Circuit · Mar 25, 1999

The SOS officials claim that the police officers are not entitled to overtime pay because they qualify for the executive exemption. … SOS officials failed to establish their burden before the district court.

Harry G. John v. Honorable Michael J. Barron, Harry G. John v. Donald A. Gallagher

897 F.2d 1387 · Court of Appeals for the Seventh Circuit · Mar 8, 1990

BACKGROUND In 1946 Harry John established De Ranee, Inc. as a foundation to fund various religious, charitable, and educational programs. … Williams, 491 U.S. -, 109 S.Ct. 1827 , 104 L.Ed.2d 338 (Rule 12(b)(6) is applicable when the defendants are clearly immune from suit).

Lee I. Wigod v. Chicago Mercantile Exchange

981 F.2d 1510 · Court of Appeals for the Seventh Circuit · Dec 14, 1992

The Merc argues that those cases do not establish antitrust injury of the type Wigod complains. … The district court opinion clearly acknowledges that Wigod’s argument rested on the per se illegality of the Merc’s actions, and that the rule of reason analysis was made only in the alternative.

Hamid R. Kashani v. Purdue University

813 F.2d 843 · Court of Appeals for the Seventh Circuit · Mar 10, 1987

Doyle, 429 U.S. 274, 280 , 97 S.Ct. 568, 573 , 50 L.Ed.2d 471 (1977) (local school board not entitled to immunity). The question of sovereign immunity for a state university is not unexplored territory. … We recently held that an injunction ordering reinstatement of a pharmacist “is clearly prospective in effect and thus falls outside the prohibitions of the Eleventh Amendment.” Elliott v.

Yellow Cab Co. v. City of Chicago

186 F.2d 946 · Court of Appeals for the Seventh Circuit · Jan 30, 1951

It is equally well established that municipalities, organized under the state statute, being arms of the state, are, in so far as their actions or omissions flow from the exercise of their governmental functions, immune from … Village Kenilworth, 290 Ill.App. 230 at page 242, 7 N.E.2d 602 . of However, though this rule clearly denies liability for tortuous acts or omissions in the exercise of governmental powers, we find no decision in the state

Pearson, Alex v. Cooper, Keith

Court of Appeals for the Seventh Circuit · Dec 8, 2006

Nor can we accept Welborn’s argument for qualified immunity. … Governmental officials performing discretionary functions are entitled to qualified immunity when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Rahn v. Board of Trustees of Northern Illinois University

803 F.3d 285 · Court of Appeals for the Seventh Circuit · Sep 23, 2015

The failure to clearly identify documents in the record, and to provide supporting citations for material propositions of fact, is a recurrent problem in this case. … At a minimum, in seeking copyright protection, the plaintiffs must clearly identify the work at issue. The plaintiffs have failed to do so here.