Case law

United States v. Rural Electric Convenience Cooperative Co.

922 F.2d 429 · Court of Appeals for the Seventh Circuit · Mar 15, 1991

The reasons for such deference are well established. … the fact that RECC would not be irreparably harmed by the grant of an injunction, and our conclusion that the REA would be irreparably harmed absent the issuance of an injunction, that the balance of harms in this case clearly

United States v. Tankson

836 F.3d 873 · Court of Appeals for the Seventh Circuit · Sep 12, 2016

Tankson next contends that, even if the drug quantities are established sufficiently by his statement, the sales attributed to those quantities do not qualify as “relevant conduct” under the guideline. … The governing principles are well established.

26 Fair empl.prac.cas. 1556, 27 Empl. Prac. Dec. P 32,167 Magdalena Garcia v. Rush-Presbyterian-St. Luke's Medical Center

660 F.2d 1217 · Court of Appeals for the Seventh Circuit · Sep 30, 1981

Villemez failed to establish any foundation that the definitions of availability used in his reports measured the availability of Latinos who were qualified for the jobs in question at Rush. … Romero claims he established that “he was a member of a minority, that he applied for the position of maintenance mechanic, that he was qualified for the job * * *, and that a white man * * * was hired instead” and thereby

In re Chambers

348 F.3d 650 · Court of Appeals for the Seventh Circuit · Nov 4, 2003

The court then determined that, in both of the cases involved in the consolidated appeal, the colleges could establish nothing more than failure to pay a bill when due. … This case does not confront the *653 abrogation of sovereign immunity issue addressed in Hood v. Tennessee Student Assistance Corp. (In re Hood), 319 F.3d 755 (6th Cir.), cert. granted, 2003 WL 21134036 (U.S.

Dorothy Bester v. Chicago Transit Authority

887 F.2d 118 · Court of Appeals for the Seventh Circuit · Oct 4, 1989

Applying the test announced in National League of Cities , the district court held that neither the CTA’s historical development nor the general industry history qualified the CTA for the exemption from liability under the … However, the Fifth Circuit found no statute establishing a congressional policy on the retroactivity contrary to Chevron.

United States v. Robert Craig, Frank P. North, Jr., Peter v. Pappas and Jack E. Walker

573 F.2d 455 · Court of Appeals for the Seventh Circuit · Mar 21, 1978

The prosecutor’s remark, adding the “for you” to the “something,” was clearly a misstatement of Pete Pappas’ testimony. … Where a witness is immunized, the government can fairly expect vigorous, adverse inquiry and attack on the credibility of immunized witnesses by defense counsel.

Gary A. Senner v. Northcentral Technical College

113 F.3d 750 · Court of Appeals for the Seventh Circuit · May 13, 1997

Because there was no direct evidence of discrimination, Senner chose to establish intentional discrimination through the now-familiar, indirect burden-shifting method of proof established by the Supreme Court in McDonnell … That application clearly stated that applicants must submit original transcripts of all tertiary coursework. NTC’s “Position Opening Check-Off Sheet” indicates that forty-eight people inquired about the job.

United States v. Ihuoma R. Amaechi

991 F.2d 374 · Court of Appeals for the Seventh Circuit · Apr 13, 1993

Amaechi argues that the evidence establishes only that the drugs were to pass through his hands, not that he organized or led the conspiracy or even whether or how much he was to profit by the scheme. … Nor are middlemen immune from sentencing enhancements under section 3B1.1. United States v. Ramos, 932 F.2d 611 , 619 n. 20 (7th Cir.1991).

Johnson, Mary v. Dossey, John

Court of Appeals for the Seventh Circuit · Feb 12, 2008

Clearly the amended complaint sufficiently alleges a Brady violation. … He may claim, as can the other investigators, a qualified, but not an absolute, immunity. Buckley v. Fitzsimmons, 509 U.S. 259 (1993).

Rajapakse A. JAYASINGHE, Plaintiff-Appellant, v. BETHLEHEM STEEL CORPORATION, Defendant-Appellee

760 F.2d 132 · Court of Appeals for the Seventh Circuit · Apr 12, 1985

This sufficed to discharge the district judge’s duty to “find the facts specially,” Fed.R.Civ.P. 52(a), and because these findings were not clearly erroneous, we affirm. . … In a disparate treatment action, a plaintiff establishes a prima facie case by proving by a preponderance of the evidence that he is a member of a protected class, that he applied and was qualified for a job for which the

Leora H. Bell v. City of Country Club Hills

841 F.3d 713 · Court of Appeals for the Seventh Circuit · Nov 8, 2016

Bell’s claims arise from the City’s decision to repeal an ordinance that provided a twenty-five percent tax rebate to qualifying homeowners. … She argues that while the refund in Lindheimer is a special remedial statute, the rebate program in the instant case is a private grant that is immune to repeal.

Joseph E. Paige v. Henry Cisneros, Secretary of Housing and Urban Development, and Edwin Eisenrath, Regional Administrator

91 F.3d 40 · Court of Appeals for the Seventh Circuit · Sep 9, 1996

The district court recognized this but held that Paige did not qualify for MSPB review because of his status as a non-preference-eligible member of the excepted service. … These courts reason that the CSRA does not affect the general grant of federal-question jurisdiction in 28 U.S.C. § 1331 and waiver of sovereign immunity in 5 U.S.C. § 702 for cases seeking prospective relief.

Cameo Convalescent Center, Inc. v. Senn

738 F.2d 836 · Court of Appeals for the Seventh Circuit · Jun 29, 1984

The three exhibits which plaintiffs assert establish injury to their reputation fail to name the individual plaintiffs and cannot be reasonably construed to establish damage to the individual plaintiffs’ reputations. … Nor do the individual plaintiffs establish any alteration of legal status.

United States v. Sicurella

213 F.2d 911 · Court of Appeals for the Seventh Circuit · Jun 15, 1954

.2d 429, 433 , certiorari denied 346 U.S. 858 , 74 S.Ct. 71 , we expressed the view that a denial of a conscientious objector classification solely on the basis that, “believing in self-defense,” a registrant “could not qualify … Two things are apparent on the face of these statements, i. e., that appellant sets himself separate and apart from all other persons as immune from the constitutional dictates of the national government and that he is asserting

Loren Bagola v. Thomas Kindt

131 F.3d 632 · Court of Appeals for the Seventh Circuit · Dec 5, 1997

Because the district court concluded that the appellees did not violate Bagola's constitutional rights, the court did not determine, under a qualified immunity analysis, whether the asserted rights were clearly established … Following Carlson , the protection accorded government officials asserting a qualified immunity defense was strengthened by Harlow v.

Randall Pavlock v. Eric Holcomb

35 F.4th 581 · Court of Appeals for the Seventh Circuit · May 25, 2022

Richland County, 538 U.S. 456, 466 (2003) (“[M]unicipalities, unlike States, do not enjoy a constitutionally protected immunity from suit.”). … The Owners have not and could not show that the Indiana Supreme Court’s deci- sion was a sharp or unexpected departure from a clearly es- tablished property right.

Central States, Southeast And Southwest Areas Pension Fund v. Robinson Cartage Company

55 F.3d 1318 · Court of Appeals for the Seventh Circuit · May 30, 1995

Robinson contested this assessment, claiming that it was immune from partial withdrawal liability under an exemption for construction industry employers found under 29 U.S.C. Sec. 1388 (d). … Sec. 1388 (d). 5 To qualify for this construction exemption however, Robinson must establish that "substantially all" of the employees for whom it contributed to the Fund were building and construction industry employees.

Jane Doe, a Minor, John Doe, Individually and as Father and Next Friend of Jane Doe, and Janet Doe, Individually and as Mother and Next Friend of Jane Doe, United States of America, Intervening v. University of Illinois, a Public Corporation, Jane Doe, a Minor, John Doe, Individually and as Father and Next Friend of Jane Doe, and Janet Doe, Individually and as Mother and Next Friend of Jane Doe v. University of Illinois, a Public Corporation

138 F.3d 653 · Court of Appeals for the Seventh Circuit · Apr 14, 1998

Abrogation of Eleventh Amendment Immunity 11 Congress may abrogate States' Eleventh Amendment immunity if it both unequivocally expresses its intent to do so and acts pursuant to a valid exercise of power. … standard 2 As we all know, public school systems can pick and choose to employ whomever they wish as teachers and "filter out" any applicants with histories of sexual misconduct, while on the other hand they must educate every qualified

United States v. Lester Ramsey

503 F.2d 524 · Court of Appeals for the Seventh Circuit · Oct 2, 1974

Section 804 established a National, Commission for the review of federal and state laws relating to wiretapping and electronic surveillance. 2 . … The witness Harden anticipated leniency but received no grant of immunity.

Alonzo Bonner v. Joseph Coughlin

545 F.2d 565 · Court of Appeals for the Seventh Circuit · Nov 18, 1976

Strickland, 420 U.S. 308, 322 , 95 S.Ct. 992 , 43 L.Ed.2d 232 , dealing with official immunity under Section 1983. … These cases either involve intentional or reckless conduct with a failure to appreciate that the results of the conduct would be unconstitutional or negligent conduct which results in the deprivation of a clearly established