Case law

Christopher J. Scarver v. Jon Litscher

434 F.3d 972 · Court of Appeals for the Seventh Circuit · Jan 18, 2006

But she granted summary judgment for these defendants anyway on the ground of qualified immunity: settled law did not, she ruled, establish the unlawfulness of their behavior. … We address the merits, and will not have to consider immunity. Searver is schizophrenic and delusional, and, unlike most schizophrenics, extremely dangerous. He has murdered three people, two of them in prison in 1994.

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.

United States v. Carlos Quintanilla and Leticia Gutierrez

2 F.3d 1469 · Court of Appeals for the Seventh Circuit · Aug 20, 1993

United States, 207 F.2d 314 , 319 *1475 (5th Cir.1953), cert. denied, 347 U.S. 938 , 74 S.Ct. 632 , 98 L.Ed. 1087 (1954). 6 As long as the crime and the elements of the offense that sustain the conviction are fully and clearly … Quintanilla argues, for the first time on appeal, that the redacted ITSP counts did not clearly allege that he knew the funds he helped transport had been taken by fraud, an element of a § 2314 offense.

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

United States v. Gary R. Roth

201 F.3d 888 · Court of Appeals for the Seventh Circuit · Jan 7, 2000

In exchange for use immunity, Rhoda described the entire operation. His statements became the cornerstone of the warrant affidavit which Roth now challenges. … The evidence in this case clearly establishes probable cause. The decision of the District Court is therefore affirmed. D.

Libertarian Party of Indiana v. Packard

741 F.2d 981 · Court of Appeals for the Seventh Circuit · Aug 15, 1984

American Party and Buckley 19 We deem it appropriate to review the American Party and Buckley cases because they clearly establish that government may use public funds to finance qualifying political parties, that is, some … taxpayers to control the number of public dollars spent to finance qualifying political parties.

Robert Alan Tarpley v. Frank Keistler, Jr. And Union County Republican Central Committee

188 F.3d 788 · Court of Appeals for the Seventh Circuit · Aug 13, 1999

We also held that the state defendants were protected by qualified immunity with respect to bias claims related to the temporary position. See id. at 927-28 . … Such immunity is not absolute, however; there are situations in which the right to petition can be stretched too far.

Autotech Technologie v. Integral Research

Court of Appeals for the Seventh Circuit · Aug 29, 2007

The FSIA codified this practice by establishing a general principle of immunity for foreign sovereigns from execution of judgments: “[T]he property in the United States of a foreign state shall be immune from attachment[, … No reasonable fact-finder could conclude that this statement clearly and convincingly showed that Integral was admitting that it was engaged in prohibited sales.

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.

United States v. Dennis Kaun

827 F.2d 1144 · Court of Appeals for the Seventh Circuit · Oct 21, 1987

A factual or legal error may be sufficient to establish an abuse of discretion. Id.; see generally Darryl H. v. … “Just as false statements are not immunized by the First Amendment right to freedom of speech, ... baseless litigation is not immunized by the First Amendment right to petition.”

Sims v. Mulcahy

902 F.2d 524 · Court of Appeals for the Seventh Circuit · May 9, 1990

Sims appeals from this judgment, while Mulcahy cross-appeals from the district court’s refusal to grant him qualified immunity. We affirm. I. … immunity.

Chandler, Janet v. Cook County IL

Court of Appeals for the Seventh Circuit · Jan 22, 2002

The grant initially was awarded to CCH, but was transferred to Hektoen, an affiliate of CCH established to receive funds and conduct medical research. … If the relator proceeds with the suit himself and the court finds that the suit was "clearly frivolous, clearly vexatious or brought primarily for purposes of harassment," the court may award the defendant attorneys’ fees

United States v. The Shotwell Manufacturing Company, United States of America v. Byron A. Cain, United States of America v. Frank J. Huebner, United States of America v. Harold E. Sullivan

225 F.2d 394 · Court of Appeals for the Seventh Circuit · Aug 18, 1955

Only an act of Congress could create such immunity. … to immunity, and the motions to dismiss the indictment were properly denied. 9 2.

Paula McAllister v. Innovation Ventures, LLC

983 F.3d 963 · Court of Appeals for the Seventh Circuit · Dec 30, 2020

Therefore, “[t]he undisputed facts establish that [McAllister was] unable to perform the essential func- tions of her position,” Weiler, 101 F.3d at 525, and was thus not a qualified individual under the ADA. … As already discussed, McAllister never clearly asked for an “appropriate accommodation.” See id.

Dwayne Walker v. Dr. Ghoudy, Ronald Shansky, Robert Newkirk

51 F.3d 276 · Court of Appeals for the Seventh Circuit · Mar 14, 1995

of qualified immunity, public officials performing discretionary functions are protected against civil liability if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … CONCLUSION 22 Because a prisoner's rights to due process regarding the forced injection of antipsychotic drugs were not clearly established by May 30, 1988, we hold that defendants are entitled to qualified immunity from

Ortloff, Robert S. v. United States

Court of Appeals for the Seventh Circuit · Jul 11, 2003

On appeal, the government first reasserts its claim of sovereign immunity from suit. The question of sovereign immunity concerns the subject matter jurisdiction of federal courts. LaBonte v. … Congress has waived its immunity, in part, by enacting the FTCA in 1946.

Ella Wade v. Lerner New York, Inc.

243 F.3d 319 · Court of Appeals for the Seventh Circuit · Mar 5, 2001

that would qualify her for a promotion to assistant manager. … Furthermore, Lerner’s definition of “more qualified” consists of those individuals whom Lerner provided with the training needed to become qualified for the assistant manager position.

Cerutti v. Basf Corporation

349 F.3d 1055 · Court of Appeals for the Seventh Circuit · Dec 24, 2003

The ADEA was not enacted to immunize older employees (i.e., those 40 and over) from being terminated for legitimate reasons (e.g., poor social skills, bad attitude, incompetency), but was instead designed to protect them … , it would do them little good because these statements are clearly not sufficient to establish cases of age discrimination under the direct method of proof. 7 Adams, 324 F.3d at 939 (7th Cir.2003) (noting that circumstantial

Laverne Williams v. Scott Jaffe

932 F.3d 602 · Court of Appeals for the Seventh Circuit · Aug 5, 2019

We read this provision to establish two things. … The provision then defines which of those qualifying interests are exempt—all of the debtor’s qualifying interests to the extent that they are exempt under applicable nonbankruptcy law.

Runnemede Owners, Inc., and Ranjit S. Ghura v. Crest Mortgage Corporation and Steven M. Rayman

861 F.2d 1053 · Court of Appeals for the Seventh Circuit · Nov 18, 1988

Of these elements, the most clearly missing in this case is the element of justifiable reliance, which under Illinois law must be established by clear and convincing evidence. See National Republic Bank v. … The isolated episode of “fraud” alleged in the plaintiffs complaint clearly fails to meet this circuit's articulation of the “pattern” requirement. 4 .