Case law

Johnson v. Brelje

701 F.2d 1201 · Court of Appeals for the Seventh Circuit · Feb 18, 1983

Finding that the defendants are entitled to qualified immunity, we affirm the district court's judgment on this matter. 26 Public officials, acting within the scope of their official responsibilities, are entitled to some … This protection, embodied in the doctrine of qualified immunity, represents "an attempt to balance competing values: not only the importance of a damages remedy to protect the rights of citizens, ... but also 'the need to

Parkey v. Sample

623 F.3d 1163 · Court of Appeals for the Seventh Circuit · Oct 27, 2010

Parkey does not contest these assertions, and these assertions alone are sufficient to establish probable cause. … Because the record shows no issue of material fact regarding the existence of probable cause, we do not consider whether Sample would be entitled to qualified immunity. III.

74 Fair empl.prac.cas. (Bna) 160, 70 Empl. Prac. Dec. P 44,760 Mitzi Baker, Plaintiff-Appellee/cross-Appellant v. Marvin T. Runyon, Postmaster General of the United States, Defendant-Appellant/cross-Appellee

114 F.3d 668 · Court of Appeals for the Seventh Circuit · Jun 12, 1997

In establishing Amtrak and the Corporation for Public Broadcasting, for example, Congress explicitly provided that they were not agencies or establishments of the United States Government. … . § 396 (b) (providing that Corporation for Public Broadcasting "will not be an agency or establishment of the United States Government"); 45 U.S.C. § 541 (providing that Amtrak "will not be an agency or establishment of

Roloff v. Sullivan

975 F.2d 333 · Court of Appeals for the Seventh Circuit · Sep 11, 1992

) is too high, then he does not qualify for Medicaid. … What the state of the law was at a particular date is not a question for a fact-finder — qualified immunity cases are analogous, and we do not ask the jury to decide whether a particular constitutional right was clearly established

Terrance Prude v. Anthony Meli

76 F.4th 648 · Court of Appeals for the Seventh Circuit · Aug 7, 2023

“Qualified immunity requires a two-part inquiry: we must determine (1) whether facts alleged or shown by a plaintiff make out a violation of a constitutional right, and (2) if so, whether that right was clearly established … We now focus on whether the right to an unbiased deci- sionmaker was clearly established.

Hobbs v. City of Chicago

573 F.3d 454 · Court of Appeals for the Seventh Circuit · Jul 21, 2009

We agree with the district court that Hobbs failed to show that she was as qualified or more qualified than Quinn. … Therefore, her only argument concerns assignments that were clearly within her job duties.

Federal National Mortgage Ass'n v. City of Chicago

874 F.3d 959 · Court of Appeals for the Seventh Circuit · Oct 30, 2017

They were created by Congress to bolster the housing market by establishing a secondary mortgage market. … While this ease involves the breadth of constitutional immunity, not statutory immunity, we see no reason why the same logic should not apply, especially in light of the Court’s warning that a tax exemption should not be

Brian Hope v. Commissioner of Indiana Depart

Court of Appeals for the Seventh Circuit · Jan 6, 2021

The point is more clearly made if we assume that both A and B were Indiana citizens from the beginning and commit- ted the same sex offense in Indiana in 1993 and that B in 2008 relocated briefly to (and established residency … Ct. 995 (1972) (state laws requiring prospective voter to have been resident for one year in state and three months in county penalize individuals who have migrated to state in order to establish new residence during qualifying

Sims v. Heckler

725 F.2d 1143 · Court of Appeals for the Seventh Circuit · Jan 26, 1984

It is established that “the United States, as sovereign, is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.” … Waivers of sovereign immunity are to be strictly construed. Reynolds v. United States, 643 F.2d 707 (10th Cir.1981); Spronse v.

Leffler v. Meer

60 F.3d 369 · Court of Appeals for the Seventh Circuit · Jul 20, 1995

However, Iqbal does not support plaintiffs’ position, as the opinion clearly followed the prevailing party standard. Id. at 228 . … Section 1988 mandates that a plaintiff must be a prevailing party to qualify for attorney’s fees. Farrar v. Hobby, — U.S. -, -, 113 S.Ct. 566, 572 , 121 L.Ed.2d 494 (1992).

Gregory Barnes v. Board of Trustees of the Unive

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

) someone outside the protected class who was “not better qualified” was hired instead. … Although con- stitutional immunity extends to non-consenting arms of the state, see Carmody v.

MCI Telecommunications Corporation, a Delaware Corporation, and MCI Metro Access Transmission Services, Incorporated, a Delaware Corporation, and United States of America and Federal Communications Commission, Intervenors-Appellees v. Illinois Commerce Commission, Terry Harvill, Ruth K. Kretschmer, in Their Official Capacities as Commissioners of the Il Commerce Commission, Illinois Bell Telephone Company, Doing Business as Ameritech Illinois, and United States of America and Federal Communications Commission, Intervenors-Appellees v. Terry Harvill, Richard Kolhauser, Ruth K. Kretschmer, in Their Official Capacities as Commissioners of the Illinois Commerce Commission and Not as Individuals

183 F.3d 558 · Court of Appeals for the Seventh Circuit · Jun 23, 1999

See 47 U.S.C. sec. 251 . 4 Section 252 sets out the process by which incumbent LECs and prospective carriers establish interconnection agreements. … When Congress gives states a genuine choice, clearly stated, as to whether or not to waive their sovereign immunity, the doctrine of constructive waiver survives Seminole Tribe.

Donald Rehling v. The City of Chicago, a Municipal Corporation

207 F.3d 1009 · Court of Appeals for the Seventh Circuit · Mar 21, 2000

It is well-established that an employer is obligated to provide a qualified individual with a reasonable accommodation, not the accommodation he would prefer. See Malabarba v. … Messino, 181 F.3d 826, 829-830 (7th Cir.1999) (stating that the federal rules establish a presumption that relevant evidence is admissible).

Evelyn Fitzgerald v. Porter Memorial Hospital

523 F.2d 716 · Court of Appeals for the Seventh Circuit · Sep 26, 1975

Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 , and, thus, immune to suit under § 1983. … While this recommendation was later rejected by the Hospital staff and Board of Trustees, it is clear that there were qualified obstetricians who would have delivered the Scott baby at Porter Memorial in the father’s presence

Rebecca Gysan v. Steven Francisko

Court of Appeals for the Seventh Circuit · Jul 13, 2020

We therefore put aside (for now) the question whether the officers should have stopped Cataline and ask whether it was clearly established that the Constitution forbade the use of deadly force under the cir- cumstances that … Whether it is “clearly established” that the official con- duct is forbidden is the principal issue when a defendant as- serts qualified immunity. See, e.g., Escondido v. Emmons, 139 S. Ct. 500 (2019).

Adelman-Reyes v. Saint Xavier University

500 F.3d 662 · Court of Appeals for the Seventh Circuit · Sep 14, 2007

Even assuming Adelman-Reyes could establish each element of the tort, however, the district court held that Gulley is insulated from liability based on qualified privilege. … Shaw, 481 F.3d 942, 945 (7th Cir.2007) (“In the corporate world, officers enjoy immunity from ...

Holmes, Rochester v. Potter, John E.

Court of Appeals for the Seventh Circuit · Sep 14, 2004

Those officials believed that Holmes was highly qualified for the position. … Nevertheless, the facts presented clearly support the granting of summary judgment. C.

In the Matter of the Grand Jury Proceedings of December, 1989. Appeal of Dennis Freligh

903 F.2d 1167 · Court of Appeals for the Seventh Circuit · Jun 13, 1990

When Freligh invoked his Fifth Amendment rights and refused to testify, he was given immunity pursuant to 18 U.S.C. §§ 6002 , 6003 and ordered to do so. … In reviewing this decision, we may reverse Judge Baker’s findings only if they are an abuse of discretion or clearly erroneous.

David J. Smith v. Bronson Lafollette

23 F.3d 410 · Court of Appeals for the Seventh Circuit · Apr 20, 1994

This allegation does not meet the requisite specificity to establish a conspiracy. … His going ahead with the filing in the fact of such knowledge was clearly frivolous, making him subject to sanctions under Rule 11 and Sec. 1988.

Brian Hope v. Commissioner of Indiana Depart

Court of Appeals for the Seventh Circuit · Jan 6, 2021

The point is more clearly made if we assume that both A and B were Indiana citizens from the beginning and commit- ted the same sex offense in Indiana in 1993 and that B in 2008 relocated briefly to (and established residency … Ct. 995 (1972) (state laws requiring prospective voter to have been resident for one year in state and three months in county penalize individuals who have migrated to state in order to establish new residence during qualifying