Case law

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  • 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).

    Cited 212 timesPublished
  • 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

    Cited 24 timesPublished
  • Greenawalt, Kristin v. IN Dept Corrections

    Court of Appeals for the Seventh Circuit · Feb 14, 2005

    enforce had not been clearly established in the case law when she brought the suit. … established when this suit was filed.

    Cited 0 timesPublished
  • Omosegbon v. Wells

    335 F.3d 668 · Court of Appeals for the Seventh Circuit · Jul 14, 2003

    The Indiana legislature responded with the Indiana Tort Claims Act (ITCA), Ind.Code § 34-13-3-3, which "established extensive immunity provisions which shield governmental units from [tort] liability...." Benton v. … In short, Dele's attempt to establish a liberty interest fails.

    Cited 39 timesPublished
  • 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 ...

    Cited 57 timesPublished
  • 41 Fair empl.prac.cas. 1789, 41 Empl. Prac. Dec. P 36,492 John W. McNeil Cross-Appellant v. Economics Laboratory, Inc., Cross-Appellee

    800 F.2d 111 · Court of Appeals for the Seventh Circuit · Aug 27, 1986

    may be established if the plaintiff shows that he was within the protected age bracket, that he was discharged, that he was qualified to assume another position at the time, and that there is direct or circumstantial evidence … Nonetheless, the interpretation made by the district court is not clearly erroneous.

    Overruled in part, on other grounds by Sam T. COSTON, Plaintiff-Appellee, v. PLITT THEATRES, INC., Defendant-Appellant, 860 F.2d 834 (1988)Cited 87 timesPublished
  • 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.

    Cited 7 timesPublished
  • United States of America, Cross-Appellant v. Thomas William Mayo, Cross-Appellee

    721 F.2d 1084 · Court of Appeals for the Seventh Circuit · Dec 30, 1984

    We must not, in too great a solicitude for the criminal, give him a kind of immunity from punishment because of the difficulty in convicting him — indeed, of even detecting him. … The language of these statutes clearly provides that an offender must be under the age of twenty-six years at the time of conviction to be sentenced under the Federal Youth Corrections Act.

    Cited 53 timesPublished
  • United States v. Nick Senak

    477 F.2d 304 · Court of Appeals for the Seventh Circuit · Jun 5, 1973

    The court recognized an exception to immunity where the officials’ acts are clearly outside the scope of the officials’ jurisdiction. Id. … If the indictment is sufficient in other respects, the Government should be given the opportunity to try to establish that Senak acted “under color of . . . law.”.

    Cited 29 timesPublished
  • In the Matter of Don Orriel Neis, Debtor-Appellant

    723 F.2d 584 · Court of Appeals for the Seventh Circuit · Dec 21, 1983

    The bankruptcy court determined that certain property of the debtor qualified for the homestead exemption available under Wisconsin law. The district court reversed, holding that this property did not qualify. … The court concluded that he had established a new homestead in Onalaska. Id. at 987 .

    Cited 80 timesPublished
  • Aaron Isby v. Richard Brown

    Court of Appeals for the Seventh Circuit · May 10, 2017

    Defendants  also argued that they were entitled to qualified immunity in  light  of  Isby’s  failure  to  prove  that  their  conduct  violated  clearly established law.  …  that constitutional right  was clearly established at the time of the alleged violation.” 

    Cited 0 timesPublished
  • Karen Horwitz v. Board of Education of Avoca School District No. 37, John W. Sloan, Venette Biancalana, and Dorothy Ballantyne

    260 F.3d 602 · Court of Appeals for the Seventh Circuit · Jul 26, 2001

    There is serious doubt as to whether Horwitz provided the school with “enough information” to put it on notice that she needed a FMLA-qualifying leave. … Biancalana, and Ballantyne — are also immune from suit.

    Cited 165 timesPublished
  • Scott Mattes v. John R. Gagnon, Superintendent, and Bronson C. Lafollette, Attorney General of the State of Wisconsin

    700 F.2d 1096 · Court of Appeals for the Seventh Circuit · Feb 16, 1983

    established all of the elements of the crime. … Second, Williams’ personal knowledge of the identity and role of the other participants in the triple murder is abundantly established by Truett’s [an accomplice who had received a grant of immunity in exchange for his testimony

    Cited 26 timesPublished
  • Ruben Pena v. Edward Mattox, Charles Bretz, Patricia Schneider, and Others Unknown

    84 F.3d 894 · Court of Appeals for the Seventh Circuit · May 21, 1996

    Buckley holds that a prosecutor lacks absolute immunity for violating the plaintiffs rights while conducting investigative work even if that work produces evidence that the prosecutor could with absolute immunity present … From the issue of immunity we turn to the merits of the appeal.

    Cited 47 timesPublished
  • Entertainment Concepts, Inc., III v. Robert T. MacIejewski Etc., Ben Bender, William W. Boesch, Edward T. Mecler, Betty Werth, Gregory Szymski, John A. Gradle, Etc., Richard E. Johnson, Etc., Thomas Fischer, Etc., Marsha Kusreau, Sally Wilkins, and Helen Budo, Etc., Entertainment Concepts, Inc., III v. Robert T. MacIejewski Etc., Ben Bender, William W. Boesch, Edward T. Mecler, Betty Werth, Gregory Szymski, John A. Gradle, Etc., Richard E. Johnson, Etc., Thomas Fischer, Etc., Marsha Kusreau, Sally Wilkins, and Helen Budo, Etc.

    631 F.2d 497 · Court of Appeals for the Seventh Circuit · Sep 23, 1980

    Uncertain meanings inevitably lead citizens to 'steer far wider of the unlawful zone' . . . than if the boundaries of the forbidden areas were clearly marked." 21 Grayned v. … The defendants claim that an award of attorneys' fees would be improper here because the individual defendants have qualified immunity from liability.

    Cited 72 timesPublished
  • United States v. Lawrence Sarsoun

    834 F.2d 1358 · Court of Appeals for the Seventh Circuit · Jan 12, 1988

    Unlike Moore , these facts do not lay a foundation to establish sufficient evidence that Sar-soun could not afford counsel. … Therefore, Judge Will was not clearly erroneous in finding that Sarsoun had impliedly waived his right to counsel. See United States v.

    Cited 30 timesPublished
  • Dr. Sara SHERKOW, Plaintiff-Appellee, v. STATE OF WISCONSIN, DEPARTMENT OF PUBLIC INSTRUCTION, Defendant-Appellant

    630 F.2d 498 · Court of Appeals for the Seventh Circuit · Aug 20, 1980

    II We turn first to the defendant’s assertion that the findings of fact made by the district court were clearly erroneous. … It is not necessary to show that the plaintiff was as qualified as the successful applicant. It is sufficient to show that the plaintiff was qualified. Davis v. Weidner, 596 F.2d 726, 730 (7th Cir. 1979). 2 .

    Cited 43 timesPublished
  • Uche Mordi v. Todd Zeigler

    Court of Appeals for the Seventh Circuit · Sep 5, 2017

    Its decision to  deny qualified immunity to some of the defendants was im‐ mediately  appealable.  See  Behrens  v.  Pelletier,  516  U.S.  299  (1996).   … As we noted earlier, we concluded that they were en‐ titled to qualified immunity and in 2014 remanded the case  for further proceedings.  

    Cited 0 timesPublished
  • Holmes v. Village of Hoffman Estates

    511 F.3d 673 · Court of Appeals for the Seventh Circuit · Dec 26, 2007

    Finally, the doctrine of qualified immunity does not support the entry of summary judgment. … At the time of Holmes’s arrest, it was of course clearly established that a police officer may not use excessive force in arresting an individual.

    Cited 282 timesPublished
  • Turpin v. Koropchak

    567 F.3d 880 · Court of Appeals for the Seventh Circuit · Jun 5, 2009

    The plaintiff bears the burden of establishing that the suit is properly brought in federal court. Craig v. Ontario Corp., 543 F.3d 872, 876 (7th Cir.2008). … Clearly the State is not the real party in interest if a woman sues an off-duty trooper for mugging her on the way home from the grocery store.

    Cited 22 timesPublished

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