Case law

Adam H. Dorsch v. L.B. Foster Company

782 F.2d 1421 · Court of Appeals for the Seventh Circuit · Feb 5, 1986

Dorsch disputes the district court’s finding that, “Dorsch cannot establish that he was as well qualified as those employees not discharged/’ pointing to his 1982 sales figures, a congratulatory “Fostergram” he received in … The district court found, in the alternative, that even if the plaintiff had been able to establish that he was qualified, he was unable to establish that the employer’s reason for placing him on early retirement was a pretext

John Jones Bey v. State of Indiana

847 F.3d 559 · Court of Appeals for the Seventh Circuit · Feb 3, 2017

But clearly, sovereign-citizen ideas appeal to many [self- described] Moors, who combine those ideas with Ali’s teach- ings in an effort to reclaim and rewrite black history. … He is a U.S. citizen and therefore unlike foreign diplomats has no immunity from U.S. law. Indeed his suit is frivolous and was therefore properly dismissed; he was lucky to be spared sanctions for filing such a suit.

Hammer v. Ashcroft

570 F.3d 798 · Court of Appeals for the Seventh Circuit · Jun 25, 2009

if not absolute immunity. … That understanding is inconsistent with many established doctrines.

Robert Demallory v. Timothy Cullen, Nos. 87-1492, 87-1493

855 F.2d 442 · Court of Appeals for the Seventh Circuit · Aug 23, 1988

The defendants, for the first time on appeal, argue that they are entitled to immunity. … Although we have doubts as to the applicability of qualified immunity to the defendants’ conduct in this case, we do not decide the issue because the defendants waived this argument by failing to raise it before the district

Perry L. Scott, Sr., Michelle M. Scott, Phillip H. Scott, Jr. v. Rodney L. Edinburg and Village of Glenwood, a Municipal Corporation

346 F.3d 752 · Court of Appeals for the Seventh Circuit · Oct 9, 2003

The defendants argue in the alternative that Officer Edinburg is entitled to qualified immunity and that we may affirm on this ground although it was not relied on by the district court. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), qualified immunity analysis because we find no constitutional violation. 4 . We note that Officer Edinburg fired approximately six additional shots after Mr.

Sanders v. Taylor

3 F. App'x 561 · Court of Appeals for the Seventh Circuit · Feb 22, 2001

Clearly an award of damages due to “prolonged incarceration,” would imply that Sanders’ conviction and sentence were invalid. … In any event Sanders’ complaint fails to state a claim because his allegations if true would not establish a constitutional violation. See Anderson v.

Equal Employment Opportunity Commission, and Michael Nicosia, Intervening v. Yellow Freight System, Inc.

253 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.

Edwin's, Inc. v. United States

501 F.2d 675 · Court of Appeals for the Seventh Circuit · Sep 4, 1974

The skill and time which the Marcuses devoted to the store were clearly reflected in the store’s success. … The language of the Code clearly requires such a result.

American Cooperative Serum Ass'n v. Anchor Serum Co.

153 F.2d 907 · Court of Appeals for the Seventh Circuit · Mar 4, 1946

The Control Agency defined a volume contract purchaser as one who had bought 15,000,000 cubic centimeters of the serum during the previous year, and in early 1937, the Association qualified as such by furnishing pertinent … Defendants argue that it would be anomalous to grant immunity to the making of a contract and not extend the same immunity to the parties in performing it. That, of course, is true, but that is not the case here.

Kiersten Taylor-Novotny v. Health Alliance Medical Plans

772 F.3d 478 · Court of Appeals for the Seventh Circuit · Nov 26, 2014

Taylor-Novotny maintains that she has established that she is a qualified individual with a disability. … Taylor-Novotny is a qualified individual with a disability within the meaning of the Act, we cannot conclude that she has established the remainder of her prima facie case.

Commissioner v. Stilwell

101 F.2d 588 · Court of Appeals for the Seventh Circuit · Jan 12, 1939

A few quotations therefrom are set forth to support this statement: “When immunity is claimed from a tax laid on private persons, it must clearly appear that the burden upon the state func-' tion is actual and substantial … “They [judicial pronouncements] * * * definitely establish, two guiding principles of limitation for holding the tax immunity of state instrumentalities to its proper function.

United States v. William R. Hall

101 F.3d 1174 · Court of Appeals for the Seventh Circuit · Dec 2, 1996

Because neither enhancement was clearly erroneous, we affirm the sentence. *1176 I. … Hall argues that the record does not establish by a preponderance of the evidence that Hall committed perjury about his condition.

Wallace G. Flowers, Cross-Appellee v. Komatsu Mining Systems, Inc.

165 F.3d 554 · Court of Appeals for the Seventh Circuit · Jan 12, 1999

In comparison, under the Social Security Act, in order to receive benefits a person must establish that he is “disabled” under rather complicated and wooden standards. 42 U.S.C. §§ 416 (i), 423. … Clearly, there are times when Flowers could not work, with or without an accommodation. The most obvious is the time following his surgery (a lumbar laminectomy and spinal fusion) in May 1994.

United States v. William Cozzi

Court of Appeals for the Seventh Circuit · Jul 30, 2010

At issue here is the scope of derivative-use immunity. The case law does not say that a defendant’s immunized statements may never be used by anyone under any circumstances. … Garrity, for example, clearly contemplated that the officers’ com- pelled testimony could be used for internal investigation purposes. 385 U.S. at 500 (noting that the Fourteenth Amendment only prohibited the use of coerced

Airadigm Communications, Inc. v. Federal Communications Commission

519 F.3d 640 · Court of Appeals for the Seventh Circuit · Mar 12, 2008

In Penrod , the plan clearly “dealt with” the bank’s liens in the hogs. … See Deutsche Bank, 416 F.3d at 142 (noting that “potential for abuse is heightened when releases afford blanket immunity”). This is not “blanket immunity” for all times, all transgressions, and all omissions.

Delores Bradich, Administrator of the Estate of Melvin Bradich v. City of Chicago

413 F.3d 688 · Court of Appeals for the Seventh Circuit · Jul 1, 2005

Defendants describe themselves as frantically trying to save Bradich during those ten minutes, and this is why the district judge concluded that deliberate indifference had not been established. … And if the Estate is right about what happened during the ten minutes, the lockup keepers are not entitled to qualified immunity: no reasonable officer could .think that the Constitution allowed him to cover up his own misconduct

Dennis Grohs, Cross-Appellant v. Gold Bond Building Products, a Division of National Gypsum Company, Defendant- Cross-Appellee

859 F.2d 1283 · Court of Appeals for the Seventh Circuit · Nov 2, 1988

In examining the district court's findings, we operate under the clearly erroneous standard of review. Anderson v. … because he was no longer qualified.

Esmeralda Morfin v. Rex W. Tillerson

851 F.3d 710 · Court of Appeals for the Seventh Circuit · Mar 20, 2017

We   concluded   in   Builders   Bank   that   §701(a)(2)   “is   no   more  a  limit  on  subject-­‐‑matter  jurisdiction  than  are  doctrines   of   absolute   and   qualified   immunity,   statutes   of   limitations, … at  2140):   The  provisions  of  §1182(a)(3)(B)  establish  specific  criteria  for  de-­‐‑ termining   terrorism-­‐‑related   inadmissibility.  

Terry J. Eckles v. Consolidated Rail Corporation, United Transportation Union International, and United Transportation Union Local 1963

94 F.3d 1041 · Court of Appeals for the Seventh Circuit · Aug 14, 1996

We find, however, that in the circumstances of this case, establishing a violation of section 12112(b)(2) depends upon establishing a violation of section 12112(b)(5)(A), since the only form of discrimination actually alleged … After clarifying that reassignment can only be to an unoccupied position, the reports address another possible barrier to reassignment: not being qualified for the position sought, either due to not meeting the established

Illinois Cereal Mills, Inc. v. Commissioner of Internal Revenue

789 F.2d 1234 · Court of Appeals for the Seventh Circuit · Apr 28, 1986

Cases and Treasury rulings have established other examples. 2 *1238 Property that qualifies initially as the type of “other property” intended by Congress must also qualify as something other than a building. … Clearly there is more to ICM’s system than electric wiring alone.