Case law

Jimenez v. Weinberger

523 F.2d 689 · Court of Appeals for the Seventh Circuit · Nov 7, 1975

Thus, unless the balance of the equities clearly tips in the Secretary’s favor, the general rule of retroactivity must be applied. … Petitioner’s effort to qualify his suit as a class action under subdivisions (b)(1) and (b)(2) was rejected by the Court of Appeals. See n. 4, supra.” In Bijeol v.

James and Joyce Ferrell v. Samuel R. Pierce, Jr., Secretary of the United States Department of Housing and Urban Development (Hud)

785 F.2d 1372 · Court of Appeals for the Seventh Circuit · Mar 21, 1986

Clearly, different equities and considerations are involved when HUD must calculate the date of default to determine whether the defaulting mortgagor qualifies for the assistance program. … This is clearly not what Congress intended. The real purpose of the program is to provide relief to qualified *1380 applicants.

General Railway Signal Co. v. Corcoran

921 F.2d 700 · Court of Appeals for the Seventh Circuit · Jan 3, 1991

We decline to interpret Section 634(b)(1), which waives sovereign immunity and establishes federal question jurisdiction over contract suits brought by and against the Administrator, 2 to contain any implicit commentary on … The naming of the SBA administrator rather than the SBA as the party amenable to suit in a statute drafted to waive sovereign immunity cannot be imbued with special significance because, for sovereign immunity purposes, a

Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)

959 F.2d 69 · Court of Appeals for the Seventh Circuit · Mar 18, 1992

The district court disagreed, deciding that whether or not the tax returns bore some “qualified immunity,” Naas had overcome any possible presumption against disclosure. … But under any formulation of this “qualified immunity,” Poulos was properly compelled to produce his tax returns.

McPhaul v. Board of Commissioners of Madison County

226 F.3d 558 · Court of Appeals for the Seventh Circuit · Aug 16, 2000

that she was a "qualified individual" under the ADA. … McPhaul’s claims regarding her transfer and termination clearly fail because she does not establish the second and fifth elements of a prima facie case.

Janine Rudin v. Lincoln Land Community College

420 F.3d 712 · Court of Appeals for the Seventh Circuit · Aug 25, 2005

Rudin has “offered extensive evidence that clearly suggests that race was a motivating factor in the decision to hire [Hudson]” (emphasis added)). … In order to make a prima facie indirect case of sex discrimination, a Title VII plaintiff must establish that she: “1) is ... a female; 2) applied for, and was qualified for, an open position; 3) was rejected; and 4) the

Catherine Neukirchen v. Wood County Head Start, Incorporated

53 F.3d 809 · Court of Appeals for the Seventh Circuit · Apr 27, 1995

The parties do not dispute these well-established principles. What is disputed, however, is whether property costing less than $1,000 constitutes federal property, making it immune from execution. … However, in JolietAWill this court clearly held that property purchased with federal funds constitutes federal property.

United States v. Victor Sainz-Preciado

Court of Appeals for the Seventh Circuit · May 27, 2009

Finally, assuming that Ley did in fact tell Sainz-Preciado who to call to pick up the cocaine, Sainz-Preciado’s resulting status as a mere middleman would not make him “immune from applica- tion of § 3B1.1.” … The district court did not clearly err in applying a § 3B1.1(b) enhancement for Sainz-Preciado’s role as a manager.

Vonzell White v. City of Chicago

Court of Appeals for the Seventh Circuit · Jul 21, 2016

The district court granted summary judg‐ ment for Officer O’Donnell on the federal claim for false ar‐ rest, finding that he was entitled to qualified immunity, and  the court declined to exercise supplemental jurisdiction … The district court had granted summary judgment for the  detectives  on  the  basis  of  qualified  immunity,  but  the  Fifth  Circuit  reversed:  “After  reciting  Spencer’s  biographical  and  contact information, the 

United States v. Louis W. Nathan, Gaetano Alviti, Frank C. Tornabene, Patrick J. Knight and Joseph A. Giralamo

238 F.2d 401 · Court of Appeals for the Seventh Circuit · Jan 3, 1957

The court stated, 325 U.S. at page 105 , 65 S.Ct. at page 1037 : “ * * * the only other alternative, if we are to avoid grave constitutional questions, is to construe it as applicable only to those acts which are clearly … marked by the specific provisions of the Constitution as deprivations of constitutional rights, privileges, or immunities, and which are knowingly done within the rule of Ellis v.

Kiontae Mack v. City of Chicago

Court of Appeals for the Seventh Circuit · Aug 13, 2025

circumstances and possessing the same knowledge as the officer in question could have reasonably believed that probable cause existed in light of well-estab- lished law’—we cannot say that the officer violated the plain- tiff’s clearly … established constitutional rights.”

Stanek v. St. Charles Community Unit School District 303

783 F.3d 634 · Court of Appeals for the Seventh Circuit · Apr 9, 2015

immunity. … It was also premature to dispense with the Staneks’ § 1983 claims on qualified-immunity grounds with such an undeveloped record. See Kiddy-Brown v.

Doe, Jane v. University IL

Court of Appeals for the Seventh Circuit · Dec 23, 1999

Abrogation of Eleventh Amendment Immunity 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. … /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

Artist M. v. Gordon Johnson and Gary T. Morgan

917 F.2d 980 · Court of Appeals for the Seventh Circuit · Dec 20, 1990

Section 1983 permits individual legal action for violations by State agents of federal “rights, privileges, or immunities.” This remedy is not available for simple violations of federal law. Maine v. … Therefore, the courts should not intervene unless the system becomes violative of a child’s constitutional rights or rights clearly established by statute. II.

Raymond Lee McKinney v. Velma George

726 F.2d 1183 · Court of Appeals for the Seventh Circuit · Apr 17, 1984

Often this conclusion is stated in terms of the officers’ qualified immunity from civil liability: if they reasonably believed the arrest was lawful, they cannot be made to pay damages merely because it turns out that they … But immunity is a defense. Gomez v. Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1923 , 64 L.Ed.2d 572 (1980).

Milazzo v. O'connell

151 F.3d 587 · Court of Appeals for the Seventh Circuit · Aug 31, 1998

immunity under Count II. … Consequently the court refused to hold that defendants had qualified immunity under Count II of the original complaint. We affirmed. 108 F.3d 129 .

Jeffrey Panozzo v. S.A. Rhoads, Individually and as Chief of Police of the Village of East Hazel Crest

905 F.2d 135 · Court of Appeals for the Seventh Circuit · Jun 20, 1990

Nonetheless, regardless of whether such conduct constitutes a due process violation, qualified immunity shields defendants from liability. 711 F.Supp. at 944 . … The Village Policy clearly states that the Board will entertain only those appeals that specifically state the facts upon which they are based and are filed with the President of the Village Board of Trustees and the Board

Durovic v. Richardson

479 F.2d 242 · Court of Appeals for the Seventh Circuit · Apr 25, 1973

Defendants presented affidavits which, at least prima facie, established (1) that as of the critical date Krebio-zen was not generally recognized among qualified experts as safe and effective for management of malignant tumors … We think the standard of general recognition by qualified experts was intended to be strictly construed so that unless a drug is clearly entitled to proceed through the direct channel, it must proceed through the NDA channel

Hattie M. Trigg v. Fort Wayne Community Schools

766 F.2d 299 · Court of Appeals for the Seventh Circuit · Jun 25, 1985

Trigg’s complaint clearly stated a claim for employment discrimination, for which the remedy is found in Title VII, 42 U.S.C. § 2000e et seq., and that she was bound by Title VII’s administrative exhaustion requirements, … To bring an action under § 1983, a plaintiff must cite a deprivation of rights, privileges, or immunities “secured by the Constitution and laws.” Huebschen, 716 F.2d at 1170 .

Bruno v. City of Crown Point

950 F.2d 355 · Court of Appeals for the Seventh Circuit · Nov 27, 1991

The burden of production that shifts to the defendants when Bruno establishes her prima facie case is merely to clearly set forth, through admissible evidence, a legitimate, nondiscriminatory reason for Bruno’s rejection. … Bruno established a prima facie case by showing that she was in a protected class, that she applied for the position of paramedic for which she was qualified, and that a person not in the protected class, Thomas Walters,