Case law
Opinions from 1658 to today.
9,632 results
0.43s
688 F.2d 1131 · Court of Appeals for the Seventh Circuit · Sep 15, 1982
Thus, Johnson establishes a two-prong test to be applied when determining whether the detection of an odor can give rise to sufficient probable cause to issue a search warrant: (1) the affiant must be qualified to know, recognize … Agent for the DEA for ten years and had been in charge of a clandestine laboratory investigation, the statements, observations, and knowledge and experience of Coleman clearly meet the requirements of the Johnson test.
Cited 104 timesPublished421 F.3d 580 · Court of Appeals for the Seventh Circuit · Aug 31, 2005
The plan clearly defines Credited Service Years and Vested Service Years, and it defines them quite differently. … He remains qualified for, and will, when he reaches 58 years, receive, this pension.
Cited 3 timesPublished717 F.2d 1105 · Court of Appeals for the Seventh Circuit · Feb 21, 1984
The district court's determination that the defendants enjoy only qualified, "good faith" immunity is affirmed. C. … The ruling is affirmed as to the other sixteen summaries. 106 The district court's judgment dismissing Plaintiff Woodruff's claims is affirmed. 107 Adjustment Committee members enjoy only qualified immunity, not absolute
Cited 18 timesPublished901 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 23, 2018
In fact, the evidence presented indicates that a team of well-qualified specialists struggled to identify the cause of Wilson's pain or to diagnose any cognitive functioning problem. And Dr. … CONCLUSION Because we conclude the grant of summary judgment was appropriate, we do not consider the defendants' arguments regarding qualified immunity. The judgment of the district court is AFFIRMED.
Cited 154 timesPublished956 F.2d 711 · Court of Appeals for the Seventh Circuit · Feb 12, 1992
the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly … In § 1983 actions alleging a deprivation of constitutional rights through a conspiracy, we have held that: “In order to establish a conspiracy, the plaintiff must demonstrate that the state officials and the private party
Cited 147 timesPublishedAmerican Agriculture Movement, Inc. v. Board of Trade
977 F.2d 1147 · Court of Appeals for the Seventh Circuit · Oct 20, 1992
Were the emphasized qualifier left out, the CBOT might well have a point. … But this case is not ordinary, for here the CBOT was also subject to the dictates of the CEA and the regulatory regime established thereunder.
Cited 5 timesPublished965 F.2d 137 · Court of Appeals for the Seventh Circuit · May 13, 1992
Thus if the court determines that [the statute of repose] applies to this case, then [the Hospital] is immune from suit ... (citations omitted). … But contrary to what she asserts, the fact that § 13-212 contains no clearly stated intent to affect these statutes does not mean that products liability claims are immune from its application.
Cited 11 timesPublished636 F.3d 893 · Court of Appeals for the Seventh Circuit · Mar 7, 2011
Career Offender Status Black primarily argues that the district court erred in classifying him as a career offender because there was insufficient evidence to establish that his prior convic- tions were qualifying offenses … Black admits that his prior conviction in case number 2000-CR-11400 qualifies, but disputes his two other prior convictions—case number 1999-CR-09960 and case number 1999-CR-27233—at least one of which must qualify as a controlled
Cited 41 timesPublishedEstate of Joseph Biegert v. Thomas Molitor
968 F.3d 693 · Court of Appeals for the Seventh Circuit · Jul 31, 2020
But the garbled audio, in which the officers can barely be heard over the background noise, contains no clearly audible pause. … Because we conclude that no constitutional violation occurred, we need not deter- mine whether the officers are entitled to qualified immunity. The district court’s decision is AFFIRMED.
Cited 34 timesPublished121 F.3d 1051 · Court of Appeals for the Seventh Circuit · Jul 31, 1997
The district court denied Wilson’s motion to suppress the evidence obtained during the search, reasoning that, although the policy did not use the buzz words “closed container,” the Illinois policy clearly established that … set of penalties if he did not so qualify.
Cited 28 timesPublished509 F.3d 392 · Court of Appeals for the Seventh Circuit · Dec 6, 2007
. § 1983 , we will only address whether defendants are protected by qualified immunity if, as a threshold matter, we find that the facts, when viewed in the light most favorable to Williams, establish that Williams’s constitutional … This section clearly exempts a “vehicle which is disabled,” not a disabled driver of a vehicle as Williams argues. See id. (emphasis added). This argument therefore is unavailing.
Cited 306 timesPublished253 F.3d 943 · Court of Appeals for the Seventh Circuit · Jun 12, 2001
After reviewing the record and considering Nicosia’s poor attendance record, we are convinced that Nicosia was unable to, and failed to, satisfy his burden of establishing that he is a “qualified individual” under the ADA … The question at the deposition clearly invited Nicosia to list anyone else whom he had told about the EEOC complaint.
Cited 115 timesPublishedMichael J. Rothrock and Edelle Rothrock v. United States
62 F.3d 196 · Court of Appeals for the Seventh Circuit · Aug 7, 1995
The FTCA is a “broad waiver of sovereign immunity.” Berkovitz v. United States, 486 U.S. 531, 535 , 108 S.Ct. 1954, 1958, 100 L.Ed.2d 531 (1988). … The Rothrocks suggest that the existence of a guardrail before 1988 establishes a mandatory standard superseding the normal discretion afforded by the statute.
Cited 28 timesPublished767 F.2d 1225 · Court of Appeals for the Seventh Circuit · Jul 18, 1985
CTA argues that this finding is clearly erroneous. … Perry does not clearly establish guidelines for determining when government property has become a designated public forum.
Cited 67 timesPublishedUnited States v. James G. Demopoulos
506 F.2d 1171 · Court of Appeals for the Seventh Circuit · Mar 24, 1975
The apparent basis for this contention is the rule, well established in this Circuit, that the issue of materiality in a perjury charge is a question of law for the court. United States v. … Defendant next claims that the immunity instruction was unfair to defendant because it warned the jury only that “such testimony [of immunized witnesses] must be examined and weighed by the jury with greater care than the
Cited 20 timesPublishedL. R. Hiatt v. New York Central Railroad Company and Brotherhood of Railroad Trainmen
444 F.2d 1397 · Court of Appeals for the Seventh Circuit · Jun 18, 1971
The District Court correctly found that the Schedule Agreement clearly established distinctions between the Appellants’ job classification and those denominated “yardmen”, the latter including brakemen, conductors, and car … The findings of the District Court are not clearly erroneous. Accordingly, we hold that the judgment of the District Court is affirmed.
Cited 2 timesPublishedTannan Hardiman v. Charles Ford and Bernard Richter
41 F.3d 1510 · Court of Appeals for the Seventh Circuit · Oct 25, 1994
See Rakovich, 850 F.2d at 1209 (where the affirmative defense of qualified immunity is properly raised, "the plaintiff bears the burden of establishing the existence of the allegedly clearly established constitutional right … "). 14 Because the defendants did not violate "clearly established constitutional rights of which a reasonable person would have known," Harlow, 457 U.S. at 818 (1982), they are entitled to qualified immunity.
Cited 3 timesUnpublishedDouglas M. Mills v. Health Care Service Corporation
171 F.3d 450 · Court of Appeals for the Seventh Circuit · Mar 17, 1999
The McDonnell Douglas test requires that a plaintiff establish a prima facie case, satisfied by showing that the plaintiff: 1) is a member of a protected minority class or a female; 2) applied for, and was qualified for, … The defendant asserts that because Mills cannot demonstrate that his qualifications were clearly superior to Butler’s, the plaintiff cannot establish a prima facie case.
Cited 183 timesPublished4united States of America v. Alan L. Wildman
21 F.3d 431 · Court of Appeals for the Seventh Circuit · Apr 6, 1994
He states that when he participated in a debriefing in November 1992, he thought that he would receive complete immunity, not simply immunity from his statement, in exchange for his cooperation. … Because Wildman stated that he understood the consequences of pleading guilty, he is unable to establish prejudice for an ineffective assistance claim.
Cited 0 timesPublished704 F.2d 361 · Court of Appeals for the Seventh Circuit · Apr 1, 1983
Mason’s supervisor was consulted about the vacancy on the day shift — her deposition states this clearly. 8. … But if we assume therefore that Mason did establish a prima facie case of discrimination under McDonnell Douglas merely by showing that she was qualified and was rejected, still the prima facie ease would be rebutted by “
Cited 145 timesPublished
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