Case law

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,

Robert Steinhauer v. Laura Degolier and State of Wisconsin

359 F.3d 481 · Court of Appeals for the Seventh Circuit · Feb 24, 2004

To establish a prima facie case, Steinhauer must show (1) he was a member of a protected class; (2) he was qualified for the position; (3) he was fired; and (4) he was replaced by a woman, or that a similarly situated woman … Because, as discussed below, Ste-inhauer’s case clearly falters on the fourth element, we need not decide whether he was sufficiently qualified for the position.

Ristoff v. United States

839 F.2d 1242 · Court of Appeals for the Seventh Circuit · Feb 11, 1988

Ristoff failed to establish a prima facie case of discrimination. The record clearly establishes that while Mr. … Ristoff was a handicapped individual, was otherwise qualified to hold a position as air traffic controller and that the FAA was subject to the requirements of the Rehabilitation Act.

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. GREYHOUND LINES, INC., Defendant-Appellant

499 F.2d 859 · Court of Appeals for the Seventh Circuit · Jul 25, 1974

The job of airline flight officer is clearly such a job. United’s flight officers pilot aircraft worth as much as $20 million and transport as many as 300 passengers per flight. … . *863 The public interest clearly lies in having the most highly qualified persons available to pilot airliners.

Estate of Arthur S. Kraus, Deceased, Renee Kraus v. Commissioner of Internal Revenue

875 F.2d 597 · Court of Appeals for the Seventh Circuit · May 22, 1989

The Tax Court ruled that the Estate failed to establish a mistake with clear and convincing evidence. … The Estate’s uncontradicted affidavits establish that the evidence proffered was discovered following trial.

Comdisco, Inc. v. United States

756 F.2d 569 · Court of Appeals for the Seventh Circuit · Mar 6, 1985

that qualify for the credit. … The district court’s finding to the contrary was clearly erroneous.

United States of America, Plaintiff-Appellee/cross-Appellant v. Michael D. Andreas and Terrance S. Wilson, Defendants-Appellants/cross-Appellees

216 F.3d 645 · Court of Appeals for the Seventh Circuit · Jul 27, 2000

The Immunity Agreement The government and Cox entered into a use immunity agreement to facilitate Cox’s interview with the FBI and the DOJ in preparation for ADM’s impending plea agreement, which would settle all charges … A co-conspirator who used his power to guide or direct other eonspir- *680 ators qualifies as an organizer even though his control was not absolute. See Kamoga, 177 F.3d at 621 .

United States v. Franklin Brown

836 F.3d 827 · Court of Appeals for the Seventh Circuit · Sep 8, 2016

Brown argued that he should be held responsible only for five kilograms, as the jury had found, because, he asserted, that was the maximum established by reliable evidence. … I found that Brown was clearly responsible for 150 kilograms of cocaine.

Champaign-Urbana News Agency, Inc. v. J. L. Cummins News Co., Inc.

632 F.2d 680 · Court of Appeals for the Seventh Circuit · Dec 10, 1981

The additional text suggests that any self-imposed duty to obey the antitrust laws is qualified. 61 The Secretaries, however, fail to directly explain the apparent contradiction. … concerned with the welfare of the private business enterprise, Small Business Administration, Department of Commerce and the Federal Trade Commission opposed having the Congress do what CU asks this court to do. 72 It is clearly

Gonzales v. Mize

565 F.3d 373 · Court of Appeals for the Seventh Circuit · May 11, 2009

Therefore, this court rejects Gonzales’ arguments that the Indiana Court of Appeals’ decision was contrary to, or an unreasonable application of, clearly established federal law. III. … Moreover, while it is true that the circuit court did not cite Cuyler , a state court's decision is not contrary to clearly established federal law merely because the court does not cite federal law. See Bell v.

Hill v. City Of Indianapolis

17 F.3d 1016 · Court of Appeals for the Seventh Circuit · Mar 1, 1994

They argued that the IPD lacked the capacity to be sued, that the individual defendants were entitled to qualified immunity, that the Hills had failed to state a section 1983 claim, and that the state law claim must therefore … Defendants' motion to dismiss does not qualify as a responsive pleading for purposes of that rule. Ross v. Franzen, 777 F.2d 1216, 1222 (7th Cir.1985); Rodgers v.

Kaniff, Kathryn v. United States

Court of Appeals for the Seventh Circuit · Dec 11, 2003

The United States moved to be substituted as the defendant for the tort counts, and the named defendants filed a motion for sum- mary judgment asserting qualified immunity as a defense. … This is enough to establish that the court’s findings of both the fact of her consent and the voluntariness of her consent were not clearly erroneous.

Everett Erxleben v. United States

668 F.2d 268 · Court of Appeals for the Seventh Circuit · Dec 28, 1981

A The Federal Torts Claim Act, 28 U.S.C. § 2671 et seq., is a congressional waiver of sovereign immunity. United States v. Kubrick, 444 U.S. 111 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979). … Clearly the appellant accomplished this. In addition, 28 C.F.R. § 14.2 (a) states that “other written notification” may be used to present a claim to an agency.

Alma Angel-Ramos v. Janet Reno and Immigration and Naturalization Service

227 F.3d 942 · Court of Appeals for the Seventh Circuit · Sep 19, 2000

The “before” language clearly shows Congress’ intent to apply these provisions retroactively. See Landgraf v. … Angel-Ramos has established a violation of her due process rights. Ms.

United States v. Young

590 F.3d 467 · Court of Appeals for the Seventh Circuit · Dec 23, 2009

She adds that it was Thompson and not she who established the manner and amount of payment for massages. … But in addition to arguments that clearly lack merit, see, e.g., United States v.

Omega Satellite Products Company v. City of Indianapolis

694 F.2d 119 · Court of Appeals for the Seventh Circuit · Nov 23, 1982

in both local and municipal matters,” 102 S.Ct. at 836 -37 n. 1; their acts are immune only if “undertaken pursuant to a clearly articulated and affirmatively expressed state policy,” 102 S.Ct. at 842 . … The ordinance establishes no criteria to guide that decision.

Larry Harris, Jr. v. Jeffrey Manlove

Court of Appeals for the Seventh Circuit · Apr 2, 2020

The defendants moved for summary judgment based on qualified immunity, arguing that no clearly established law would have put them on notice that it would be unconstitutional to test Harris’s blood for hepatitis B and C, … In determining whether qualified immunity applies, we look to (1) whether the defendants violated a constitutional right, and (2) whether the constitutional right was clearly established. Pearson v.

Consolidation Coal Company v. OWCP

129 F.4th 409 · Court of Appeals for the Seventh Circuit · Feb 18, 2025

Chavda’s account as part of finding that Dale “was clearly disabled from a respiratory standpoint” during his hospitali- zation “and unable to do any work,” and therefore totally dis- abled at the time of his death. … Chavda erred in cred- iting a 2013 pulmonary function test which produced results qualifying Dale as totally disabled, even though a later 2016 test produced a non-qualifying result, for example.

Southern Illinois Builders Ass'n v. Ogilvie

471 F.2d 680 · Court of Appeals for the Seventh Circuit · Dec 1, 1972

II The appellant unions have argued that the Ogilvie Plan, by establishing a ratio of trainees to journeymen for employment on highway construction, has established a quota system for hiring in contravention of Title VII … The Court said at 442 F.2d 173 : “Clearly the Philadelphia Plan is color-conscious.

Knight v. Wiseman

590 F.3d 458 · Court of Appeals for the Seventh Circuit · Dec 22, 2009

immunity. … The court also concluded that since defendants-appellees acted consistently with the appellant’s constitutional rights, qualified immunity shielded them from liability and provided a parallel ground for summary judgment.