Case law

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  • Armstrong v. Daily

    786 F.3d 529 · Court of Appeals for the Seventh Circuit · May 11, 2015

    In holding that the complaint alleges a violation of clearly established constitutional law, we express no opinion on the propriety of qualified immunity at a later stage of litigation. E. … The qualified immunity defense focuses instead on whether the official defendant’s conduct violated a clearly established constitutional right.

    Cited 125 timesPublished
  • Jacqueline Abel, Cross-Appellants v. Harold Miller, Cross-Appellees

    824 F.2d 1522 · Court of Appeals for the Seventh Circuit · Jul 21, 1987

    On the issue of qualified immunity, the district judge stated: “I have thrown it out.” Id. at 1645. “I think there is a clearly established right ... [w]ith respect to all of the claims.” Id. at 1646. … We recently explained: [The Harlow qualified immunity] test would have little bite if a right “clearly established” at any level of generality could survive it.

    Limited by Massey, Michael v. Wheeler, Suzanne, 221 F.3d 1030 (2000)Cited 49 timesPublished
  • Zimmerman v. Doran

    807 F.3d 178 · Court of Appeals for the Seventh Circuit · Nov 24, 2015

    Under the doctrine of qualified immunity, officials are shielded from civil liability “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … We have held that “ ‘[consulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

    Cited 35 timesPublished
  • Marwan Mahajni v. Vu Do

    Court of Appeals for the Seventh Circuit · Apr 13, 2026

    On the immunity issues, it denied qualified immunity to Deputy Do, ruling that United States ex rel. Tobe was an anal- ogous case and clearly established that Deputy Do’s conduct violated Mr. … Deputy Woida is entitled to qualified immunity for a sec- ond reason—there’s no clearly established law that says that a bailiff who fails to stop someone else from making an im- proper statement to a juror violates a defendant

    Cited 0 timesPublished
  • Steven Hill v. William Shelander

    992 F.2d 714 · Court of Appeals for the Seventh Circuit · Apr 30, 1993

    In that instance, Shelander would not have violated Hill’s clearly established constitutional rights, and he would be entitled to qualified immunity. … Clearly Established Constitutional Standards.

    Cited 40 timesPublished
  • Keli Calderone v. City of Chicago

    979 F.3d 1156 · Court of Appeals for the Seventh Circuit · Nov 5, 2020

    has not clearly established that right. … Qualified Immunity Public officials enjoy immunity from civil liability for con- duct that “[1] does not violate [2] clearly established statutory or constitutional rights of which a reasonable person would have known

    Cited 60 timesPublished
  • Charlie Wade v. Thomas Hegner

    804 F.2d 67 · Court of Appeals for the Seventh Circuit · Oct 20, 1986

    One of the defendants, Thomas Hegner, 1 also argued that he was entitled to qualified immunity. … Qualified Immunity Defendant claims that the trial court erred three ways when it rejected his defense of qualified immunity.

    Cited 61 timesPublished
  • Marwan Mahajni v. Vu Do

    Court of Appeals for the Seventh Circuit · Apr 13, 2026

    On the immunity issues, it denied qualified immunity to Deputy Do, ruling that United States ex rel. Tobe was an anal- ogous case and clearly established that Deputy Do’s conduct violated Mr. … Deputy Woida is entitled to qualified immunity for a sec- ond reason—there’s no clearly established law that says that a bailiff who fails to stop someone else from making an im- proper statement to a juror violates a defendant

    Cited 0 timesPublished
  • Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana

    754 F.2d 719 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

    Since Frantz did not violate any then clearly established constitutional right of which a reasonable person would have known, he was justified in asserting the qualified immunity defense. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d, 555 ), and that the qualified immunity is unavailable to defendants where the statutory right in such cases is clearly established.

    Abrogated in part, on other grounds by William J. Benson v. Robert H. Allphin, 786 F.2d 268 (1986)Cited 120 timesPublished
  • Lojuk v. Johnson

    770 F.2d 619 · Court of Appeals for the Seventh Circuit · Aug 8, 1985

    and qualified immunity. … Plaintiff argued in the alternative that even if defendants had not violated clearly established constitutional rights, they should be denied qualified immunity because they had violated a state administrative regulation.

    Cited 65 timesPublished
  • Anthony Gant v. Daniel Hartman

    924 F.3d 445 · Court of Appeals for the Seventh Circuit · May 14, 2019

    Benner, 913 F.3d 640, 643 (7th Cir. 2019) (affirming denial of qualified immunity). … Officer Hartman claims that he is entitled to qualified im- munity because his actions did not violate Gant’s constitu- tional rights and, even if they did, those rights were not clearly established on or before August 23,

    Cited 41 timesPublished
  • Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

    55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

    Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

    Cited 49 timesPublished
  • Vinning-El v. Evans

    657 F.3d 591 · Court of Appeals for the Seventh Circuit · Sep 16, 2011

    The remaining subject is whether chaplain Sutton has qualified immunity, which comprises two questions: first whether the plaintiff has a good constitutional claim, and second whether the right in question was “clearly established … Immunity protects public employees who make reasonable errors in applying even clearly established law. See, e.g., Malley v.

    Cited 246 timesPublished
  • Jones v. Clark

    630 F.3d 677 · Court of Appeals for the Seventh Circuit · Jan 14, 2011

    - eral right at issue was clearly established at the time that the alleged violation occurred. … III As we mentioned, Officers Clark and Kaminski are entitled to immunity if their conduct did not violate clearly established constitutional rights of which a rea- sonable person would have known.

    Cited 79 timesPublished
  • Uche Mordi v. Todd Zeigler

    770 F.3d 1161 · Court of Appeals for the Seventh Circuit · Oct 29, 2014

    doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not vio- late clearly established statutory or constitu- tional rights … There is no clearly established law that the three Offic- ers before us violated, and thus they are entitled to qualified immunity from suit.

    Cited 40 timesPublished
  • Falyn Bruce v. Derek Guernsey

    777 F.3d 872 · Court of Appeals for the Seventh Circuit · Jan 26, 2015

    Qualified immunity is available when a defendant’s conduct “does not violate clearly established statutory or constitu- No. 14-1352 13  tional rights of which a reasonable … Thus, even when an officer lacks probable cause, he is still entitled to qualified immunity when a reasonable officer “could have reasonably believed that probable cause existed in light of well- established law.” Id.

    Cited 33 timesPublished
  • Maurice Hardaway v. Brett Meyerhoff

    734 F.3d 740 · Court of Appeals for the Seventh Circuit · Nov 4, 2013

    The affirmative defense of qualified immunity protects government officers from liability for actions taken in the course of their official duties if their conduct does not violate “clearly established statutory or constitutional … right, and (2) whether that right was clearly established at the time the conduct occurred.

    Cited 236 timesPublished
  • Hambright v. Kemper

    705 F. App'x 461 · Court of Appeals for the Seventh Circuit · Dec 8, 2017

    immunity because, as of 2013, it was not clearly established that rescheduling the feast eight days after Ramadan’s end violated the First Amendment. … Finally Hambright challenges the magistrate judge’s ruling that Wahlstrom and Nurdeen were entitled to qualified immunity, given that Hambright had no clearly established right to have the feast served within three days of

    Cited 79 timesPublished
  • Darrin Gruenberg v. Debra Gempeler

    697 F.3d 573 · Court of Appeals for the Seventh Circuit · Sep 26, 2012

    To defeat a claim of qualified immunity, Gruenberg must show that the defendants violated a constitutional right and demonstrate that the right in question was clearly established at the time of the alleged violation. … Thus, when analyzing a qualified immunity defense, courts consider whether the alleged facts demonstrate a constitutional violation, and whether the constitu- tional right was clearly established. Pearson v.

    Cited 36 timesPublished
  • McGrath v. Gillis

    44 F.3d 567 · Court of Appeals for the Seventh Circuit · Jan 6, 1995

    “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … . *570 In order to defeat a claim of qualified immunity, a plaintiff must allege a cognizable violation of a constitutional right clearly established at the time of the alleged misconduct.

    Cited 51 timesPublished

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