Case law

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

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.

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. Mykytiuk, Robert

Court of Appeals for the Seventh Circuit · Apr 1, 2005

defi- cient” or where “courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indistinguishable from those presented in the case at hand.” 312 F.3d … Briggs, 475 U.S. 335, 344-45 (1986); Koerth, 312 F.3d at 869, it is only necessary for the plaintiff to “point to a closely analogous case decided prior to the challenged con- duct in order to defeat qualified immunity,”

Jerome Mirza & Associates, Ltd., an Illinois Corporation v. United States

882 F.2d 229 · Court of Appeals for the Seventh Circuit · Oct 25, 1989

In 1980, the taxpayer established a pension plan to provide pension benefits for two of its employees, Jerome Mirza and David Dorris. … Given these facts, we are unable to conclude that the district court’s decision was clearly erroneous. III.

Lindell, Nathaniel v. O'Donnell, Cindy

211 F. App'x 472 · Court of Appeals for the Seventh Circuit · Nov 8, 2006

Elrod, 881 F.2d 441, 446 (7th Cir. 1989) (affirming denial of qualified immunity to jailers because they were on notice “under clearly-established case law” that ban on hardcover books without regard for alternative means … We have held that a decision from a district court does not have sufficient weight to establish a point of law so clearly as to defeat a qualified-immunity defense. See Campbell, 256 F.3d at 701; Anderson v.

Robert WOLFOLK, Plaintiff-Appellant, v. Victor M. RIVERA, Defendant-Appellee

729 F.2d 1114 · Court of Appeals for the Seventh Circuit · Apr 17, 1984

. § 1613.214 (a)(4). 4 Wolfolk’s lack of knowledge of facts which would support a discrimination claim clearly constitutes “circumstances beyond his control” which prevented him from submitting the matter to his agency’s … date she was told she failed to qualify for position); Snead v.

Tomanovich, George v. City of Indianapolis

457 F.3d 656 · Court of Appeals for the Seventh Circuit · Aug 8, 2006

Firing Tomanovich, however, clearly constituted a materially adverse action, and the City fired Tomanovich on Novem- ber 12, 2002, which was after Tomanovich filed his com- plaint with the EEOC on July 10, 2002, and filed … Dep’t. of Agr., Trade & Consumer Prot., 344 F.3d 680, 692 (7th Cir. 2003) (noting that the indirect method of proving retaliation requires, among other things, the plaintiff to establish that she was qualified for the position

Blake Stewardson v. Christopher Titus

Court of Appeals for the Seventh Circuit · Jan 23, 2025

That is crucial for purposes of qualified immunity. … I dis- sent only as to the grant of qualified immunity to Officer Biggs on Blake Stewardson’s claim that Biggs failed to inter- vene before Officer Titus performed a hip toss on Stewardson.

Georgia M. CAVIALE, Plaintiff-Appellant, v. STATE OF WISCONSIN, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Defendant-Appellee

744 F.2d 1289 · Court of Appeals for the Seventh Circuit · Sep 26, 1984

In order to establish a prima facie case, Caviale first had to show that she was qualified for the position of Regional Director. … The Department does not challenge this finding as clearly erroneous.

Chicago Stadium Corporation, a Corporation v. The State of Indiana, as Trustee

220 F.2d 797 · Court of Appeals for the Seventh Circuit · Apr 14, 1955

jurisdiction of the subject matter because this action is in substance and effect a suit against the sovereign State of Indiana, which has not consented to be sued in this Court; that the sovereign State of Indiana was granted immunity … True, the complaint avers that the plaintiff is a resident of the State of Illinois and the defendants are residents of the State of Indiana, but it is well established that an allegation that the parties are a resident of

Dean Guenther v. Matthew Marske

997 F.3d 735 · Court of Appeals for the Seventh Circuit · May 12, 2021

We explained in Chazen that for statutory claims, our cir- cuit’s saving-clause caselaw establishes a three-part test for the narrow § 2255(e) exception: To pursue relief under § 2241, a petitioner must establish … Our cases also do not clearly explain what it means to be “new” in this context.

Gabe Keri v. Board of Trustees of Purdue University

458 F.3d 620 · Court of Appeals for the Seventh Circuit · Aug 14, 2006

to sovereign immunity under the Eleventh Amendment. … He submits that finding of immunity is a *641 fact sensitive inquiry and that the Defendant has not established IPFW’s general legal status.

Maira Guzman v. Marvin Bonnstetter

Court of Appeals for the Seventh Circuit · May 13, 2009

Officers, they say, will often be “sheltered by qualified immunity.” … apartment was not clearly established.

Blake Stewardson v. Christopher Titus

Court of Appeals for the Seventh Circuit · Jan 23, 2025

That is crucial for purposes of qualified immunity. … I dis- sent only as to the grant of qualified immunity to Officer Biggs on Blake Stewardson’s claim that Biggs failed to inter- vene before Officer Titus performed a hip toss on Stewardson.

Alonzo Bonner v. Joseph Coughlin

517 F.2d 1311 · Court of Appeals for the Seventh Circuit · Jun 2, 1975

Quite clearly, Bonner has no standing to attack the regulation simply because it may be improperly applied to someone else. United States v. Ramsey, 503 F.2d 524, 526-527 (7th Cir. 1974). … Moreover, the justifiable reasons for invading an inmate’s privacy are both obvious and easily established.

Daviess County Hospital v. Otis R. Bowen, M.D., Secretary of Health and Human Services

811 F.2d 338 · Court of Appeals for the Seventh Circuit · Jan 20, 1987

The Hospital contends that this court must apply Rule 52(a), Fed.R.Civ.P., to the district court’s factual findings and thereby uphold those findings unless they are clearly erroneous. … More specifically, the data submitted in support of a request for reimbursement must be “capable of verification by qualified auditors.” 42 C.F.R. § 405 .-453(a).

Bd. of Regents, Univ. of Wis. v. Phoenix Intern.

630 F.3d 570 · Court of Appeals for the Seventh Circuit · Dec 28, 2010

We’ll assume for purposes of our discussion that the claim we are considering is different from the provision at issue in College Savings Bank; in any event, the Supreme Court has not spoken clearly on the other coun- terclaim … Is the doctrine absolute, or is it qualified or restrictive?

United States v. Amiel Cueto

151 F.3d 620 · Court of Appeals for the Seventh Circuit · Jul 31, 1998

Cueto’s actions may qualify as traditional litigation-related conduct in form, but not in substance, and the evidence presented at trial demonstrates that Cueto clearly intended and corruptly endeavored to obstruct the due … Just as false statements are not immunized by the First Amendment, meritless litigation based on false accusations and criminal intentions does not fall within the scope of protected speech and "is not immunized by the First