Case law

Carlos Colon, Cross-Appellant v. Lieutenant Bruce Schneider, Cross-Appellee

899 F.2d 660 · Court of Appeals for the Seventh Circuit · Apr 13, 1990

At the close of the evidence, defense counsel moved for directed verdict, arguing that Lieutenant Schneider was entitled to qualified immunity 13 and that the plaintiff had failed to establish a constitutionally *665 protected … Lieutenant Schneider has not raised his claim that he is entitled to qualified immunity on appeal. 14 . All references in this opinion to the Supreme Court pertain to the United States Supreme Court. 15 .

Jaime H. Espinueva v. H. Lawrence Garrett, Iii, Secretary of the Navy

895 F.2d 1164 · Court of Appeals for the Seventh Circuit · Feb 13, 1990

Judge Williams concluded that the Navy had a good reason for hiring as “budget analyst” an experienced person who had been rated “highly qualified” (Espinueva had been rated “qualified eligible”, placing him below six other … We have held that because Title VII waives the sovereign immunity of the United States, timely invocation of administrative remedies is essential to subject-matter jurisdiction. Sims v.

Curtis Walker v. Dan Cromwell

140 F.4th 878 · Court of Appeals for the Seventh Circuit · Jun 16, 2025

Under AEDPA, clearly established fed- eral law “refers to the holdings … of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Garcia v. … Particularly relevant here, when we try to determine what constitutes clearly established law, we look beyond “the four corners of a rule announced in a single case.

United States v. Julio Ortiz and Manuel Hurtado

84 F.3d 977 · Court of Appeals for the Seventh Circuit · May 24, 1996

The government secured an order immunizing Hurtado and compelling his testimony in connection with the prosecution of Ortiz. … While few reported decisions have addressed this issue, the court’s decision allowing the activation of the pager and retrieval of the information incident to arrest is consistent with established Fourth Amendment precedent

United States v. Ker Yang

799 F.3d 750 · Court of Appeals for the Seventh Circuit · Aug 21, 2015

The state court document re- cording the conviction did not clearly identify the statute of conviction. … Once the elements of conviction are definitively established, the inquiry is identical to the categorical approach described above: those elements are evaluated to determine whether they establish a violent fel- ony under

Johana Cece v. Eric Holder, Jr.

733 F.3d 662 · Court of Appeals for the Seventh Circuit · Aug 9, 2013

for refugee status, as an applicant must establish he is being persecuted on account of that membership.” … Holder, 611 F.3d 662, 667 (9th Cir.2010) (“Thus, we clearly acknowledged that women in a particular country, regardless of ethnicity or clan membership, could form a particular social group”); Hassan v.

Terrence Buchanan v. Keith Kelly

Court of Appeals for the Seventh Circuit · Nov 10, 2014

We agree with the district court that the undisputed facts show that at each stage  of  the  stop,  Kelly  did  not  violate  clearly  established  law.  He  is  entitled  to  qualified  immunity.  … Thus,  at  each  stage  of  the  detention,  Kelly=s  actions  did  not  violate  Buchanan=s  clearly  established  constitutional  rights.  Kelly  is  entitled  to  qualified  immunity.   

United States v. Teddy R. Crouch

528 F.2d 625 · Court of Appeals for the Seventh Circuit · Mar 18, 1976

However, because we are convinced, on the basis of the record, that many of the issues herein presented are clearly without merit, this opinion will discuss only those matters which have impressed the panel as being substantial … On the other hand, appellee claims that the evidence established that all of the appellants herein were members of a large-scale, open-ended conspiracy to steal from shipments passing through the Terminal Railroad Association

Matthews v. City of East St. Louis

675 F.3d 703 · Court of Appeals for the Seventh Circuit · Mar 27, 2012

Here, probable cause was established by Taylor, therefore he need not continue to investigate. … We need not address the issue of qualified immunity for Greenlee because there was probable cause to arrest both Matthews and Gillespie.

Builders Bank v. Federal Deposit Insurance Corp.

846 F.3d 272 · Court of Appeals for the Seventh Circuit · Jan 19, 2017

But loose usage does not establish a holding, see Reed Elsevier, Inc. v. … Section 701(a)(2) is no more a limit on subject-matter jurisdiction than are doctrines of absolute and qualified immunity, statutes of limitations, and many other rules that prevent courts from deciding whether the defendant

United States v. Anderson

580 F.3d 639 · Court of Appeals for the Seventh Circuit · Sep 3, 2009

Anderson helped Dalglish and Prudenza establish a business relationship with ACH Direct. R.197 at 21-22; R.200 at 64-65. … Anderson, we cannot say that this conclusion was clearly erroneous.

Bowman v. City of Franklin

980 F.2d 1104 · Court of Appeals for the Seventh Circuit · Dec 2, 1992

The facts that the Bowmans do provide are insufficient to establish a conspiracy at all, much less'a conspiracy that aims to deprive the Bowmans of their constitutional rights. … Accepting as true the allegation that this assessment qualifies as state action to state a claim under § 1983, the Bowmans must additionally allege that defendants’ conduct deprived them of a right secured by the Constitution

United States v. $87,118.00 in United States Currency and $3,490.00 in United States Currency, Appeal Of: Abiodun Oloko

95 F.3d 511 · Court of Appeals for the Seventh Circuit · Sep 4, 1996

The Supreme Court concluded that, by creating “distinctly civil” procedures for forfeitures under 21 U.S.C. § 881 , Congress has indicated clearly that it intended a civil, not a criminal sanction. … Although we conclude that the proffer agreement in this case limited the scope of the use immunity accorded Mr.

Sparkman v. McFarlin

601 F.2d 261 · Court of Appeals for the Seventh Circuit · May 2, 1979

Rather, immunity is an affirmative defense which may defeat the section 1983 claim once that subject matter jurisdiction has been established, (citations omitted). … Rhodes, 416 U.S. 232, 242 , 94 S.Ct. 1683, 1689 , 40 L.Ed.2d 90 (1974): Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err.

United States v. Vincent Townsend

73 F.3d 747 · Court of Appeals for the Seventh Circuit · Jan 11, 1996

Townsend insists that he met his burden of proof, as required in Mustread , by showing that the presentence report fails to establish any relationship between the wire transfers and drug proceeds and by offering his own explanations … The guideline *754 sets forth what the defendant must prove to qualify for the decrease: § 3E1.1.

Sean Hadley v. Hilda Williams

368 F.3d 747 · Court of Appeals for the Seventh Circuit · Jun 21, 2004

To arrest a person in his home without a warrant is normally a violation of the Fourth Amendment even if there is probable cause to arrest him, which clearly there was here. E.g., Payton v. … The principles on which we reverse are well settled, which precludes a defense of qualified immunity. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); Sullivan v.

United States v. David Lanzotti and Connie L. Hughes

205 F.3d 951 · Court of Appeals for the Seventh Circuit · Feb 15, 2000

In this case, the instructions clearly informed the jury correctly about aiding and abetting and no error occurred. B. … Rule 702 establishes two admissibility requirements for expert testimony: (1) the expert must be qualified, and (2) the subject matter of the expert’s testimony must consist of specialized knowledge that will be helpful or

Jimmy Bivens v. Larry Trent

Court of Appeals for the Seventh Circuit · Jan 6, 2010

As range officer, he oversaw all aspects of the range’s operation, including qualifying individuals on firearms and keeping the range clean and in good working order. … No. 08-2256 9 or whether the defendants are entitled to qualified im- munity.

City of Mishawaka v. American Electric Power Co.

616 F.2d 976 · Court of Appeals for the Seventh Circuit · Feb 21, 1980

Yet that does not necessarily give them immunity from the antitrust laws. Id. at 513 , 92 S.Ct. at 613 . … This conclusion by no means narrowly limits the municipalities’ ability to establish damages.

Kofi Easterling v. William Pollard

Court of Appeals for the Seventh Circuit · Jul 22, 2013

 plaintiff can show a violation of his First Amendment rights under  clearly  established  law.    … The  general  principles  of  First  Amendment  law  we  have discussed  were  clearly  established  in  2010,  but  the  qualified  immunity  defense  turns  on whether the application of those principles to the circumstances