Case law

Ernest L. Levine v. United States of America

48 F.3d 1221 · Court of Appeals for the Seventh Circuit · Mar 9, 1995

Sec. 50-206.53. 24 The regulations further establish six criteria which must be met in order for a particular contractor to qualify as a "regular dealer" under the Act. 25 (1) The bidder must have an establishment or leased … In this case, GSA, SBA, and DOL clearly set forth the grounds on which they acted.

EEOC v. Bd Regents Univ WI

Court of Appeals for the Seventh Circuit · Apr 30, 2002

It is, however, a well-established principle that the fact that the states retain sovereign immunity from private lawsuits does not mean that they are protected from suit by the federal government. … As to damages, the UW contends that the damage awards are clearly excessive, particularly because the charging parties failed to mitigate their damages.

Mark Mittelstadt v. Sonny Perdue

Court of Appeals for the Seventh Circuit · Jan 15, 2019

Mittelstadt’s APA claim challenging the Secretary’s decision denying reenrollment seeks “relief other than money damages,” and is “therefore within the waiver of sovereign immunity in section 702.” … As part of the Food Security Act of 1985,21 Congress established the CRP.

Soderbeck v. Burnett County

752 F.2d 285 · Court of Appeals for the Seventh Circuit · Jan 4, 1985

Although the instruction conveys a mood (perhaps none too clearly to the average juror) rather than establishing precise criteria, it does imply distinct types of misconduct — though, as it seems to us, two rather than three … did, and therefore is immune from all damage liability.

Memorial Hospital of Carbondale v. Heckler

760 F.2d 771 · Court of Appeals for the Seventh Circuit · Apr 18, 1985

The offset requirement is held to apply on the theory that an account established with borrowed funds cannot qualify as funded depreciation under 42 C.F.R. § 405.419 (b)(2)(iii). … For cost reporting years beginning on or after December 1, 1982, section 226.5 provides that funds established with borrowed money will not qualify as funded depreciation, that interest on such borrowing is an allowable cost

Cheryl K. McPhaul v. Board of Commissioners of Madison County, Indiana, Arleen Horine, in Her Official and Individual Capacity, and Madison County Board of Health

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

To establish a prima facie case for failure to accommodate under the ADA, McPhaul must show that:(1) she was disabled; (2) the Board was aware of her disability; and (3) she was a qualified individual who, with or without … that she was a "qualified individual" under the ADA.

Newell, Michael A. v. Hanks, Craig

Court of Appeals for the Seventh Circuit · Jul 10, 2003

established federal law,” does not apply to this case. … Since the evidence in the record is ambiguous on this issue, we cannot say that the district court’s finding was clearly erroneous. See United States v. Charles, 238 F.3d 916, 918 (7th Cir. 2000).

Brooke Persinger v. Southwest Credit Systems, L.P.

20 F.4th 1184 · Court of Appeals for the Seventh Circuit · Dec 22, 2021

Tangible harms, like physical or monetary harms, “readily qualify as concrete injuries.” Ramirez, 141 S. Ct. at 2204. … This is akin to the sequencing di‐ lemma courts face in qualified immunity cases. Safeco, 551 U.S. at 70 (citing, as analogous, Saucier v. Katz, 533 U.S. 194 (2001)); Marino, 978 F.3d at 674.

27 Fair empl.prac.cas. 1553, 28 Empl. Prac. Dec. P 32,422 Carl Rucker, Cross-Appellee v. Higher Educational Aids Board, Cross-Appellant

669 F.2d 1179 · Court of Appeals for the Seventh Circuit · Mar 18, 1982

He refused *1181 and instead, on January 18, 1977, submitted a written evaluation in which he found her to be qualified for a permanent appointment. … As such, it is immune from federal damages liability by virtue of the Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781 , 98 S.Ct. 3057 , 57 L.Ed.2d 1114 (1978); Quern v.

United States v. Walker

840 F.3d 477 · Court of Appeals for the Seventh Circuit · Oct 18, 2016

The odor of unburned marijuana can be highly probative in establishing probable cause for a search. See Johnson v. … King, 598 F.3d 1043, 1050 (8th Cir. 2010) (declining to foreclose further development of record on remand where defense counsel failed to explain clearly objection to sentence enhancement in district court, and where issue

Francisco Lopez Gamero v. William P. Barr

929 F.3d 464 · Court of Appeals for the Seventh Circuit · Jul 3, 2019

Convention Against Torture To qualify for deferral of removal under the Convention Against Torture, the claimant must establish that it is more likely than not that he will be tortured if removed. 8 C.F.R. §§ 1208.16( … That’s a clear misinterpretation of the regulation, which establishes necessary—not sufficient—conditions for reopening.

Michigan v. US Army Corps of Engineers

667 F.3d 765 · Court of Appeals for the Seventh Circuit · Sep 13, 2011

The first concerns the sover- eign immunity of the United States. … (To the extent that the defendants argue that there is no irreparable harm because the carp cannot establish a breeding population in Lake Michigan, they are avoiding the key question: what if the fish did establish a successful

Burks, Wallace v. Raemisch, Rick

Court of Appeals for the Seventh Circuit · Feb 10, 2009

Section 1983 does not establish a system of vicarious responsibility. See Monell v. New York City Dep’t of Social Services, 436 U.S. 658 (1978). … Burks does not contend that a 14-day time limit is unconstitutionally short—and, even if it were, a com- plaint examiner who applied the limit before a court declared it invalid would be entitled to qualified immunity from

Anthony Martin v. Mark Wentz

Court of Appeals for the Seventh Circuit · Feb 24, 2020

They had probable cause to arrest Martin, they contended, and were entitled to use reasonable force during the arrest, so their conduct did not violate any clearly established law and they were therefore entitled to qualified … The officers promptly appealed the denial of qualified immunity. A denial of qualified immunity can be appealed only “to the extent that it turns on an issue of law.” Mitchell v.

Anthony Martin v. Mark Wentz

Court of Appeals for the Seventh Circuit · Feb 24, 2020

They had probable cause to arrest Martin, they contended, and were entitled to use reasonable force during the arrest, so their conduct did not violate any clearly established law and they were therefore entitled to qualified … The officers promptly appealed the denial of qualified immunity. A denial of qualified immunity can be appealed only “to the extent that it turns on an issue of law.” Mitchell v.

Smith v. Ball State Univ.

295 F.3d 763 · Court of Appeals for the Seventh Circuit · Aug 29, 2002

a constitutional violation and that, if he did, the officers were entitled to qualified immunity. … Cabrera, 58 F.3d 290, 293 (7th Cir.1995) (focusing upon whether an officers' mistaken belief that probable cause existed was reasonable in the qualified immunity context).

Raymond J. Ryan and Helen Ryan v. Commissioner of Internal Revenue

517 F.2d 13 · Court of Appeals for the Seventh Circuit · May 23, 1975

Thus Carter Products, although not cited by the Ryans, is clearly distinguishable from the case at bar. In United States v. … 84, or 90, the Court may make such orders as to the failure as are just, and among others the following: (1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established

Daudi Mwangangi v. Taylor Nielsen

Court of Appeals for the Seventh Circuit · Sep 15, 2022

law”—we cannot say 14 Nos. 21-1576, 21-1577 & 21-1971 that the officer violated the plaintiff’s clearly established con- stitutional rights. … And oper- ating without any clearly established law, I conclude that an officer in Officer Root’s position could have reasonably, if er- roneously, believed that he had probable cause.

Kerr-Mcgee Chemical Corporation v. City of West Chicago

914 F.2d 820 · Court of Appeals for the Seventh Circuit · Sep 20, 1990

See Playboy Enterprises, 906 F.2d at 31-33 (holding that 47 U.S.C. § 558 , a provision of the Cable Communications Policy Act of 1984, provides an “immunity” enforceable through Section 1983 in an action brought to establish … Though the AEA clearly has broad preemptive effect, Congress has allowed for concurrent local regulation of non-radiological aspects of peaceful applications of nuclear power. *826 (2) Where it can be established that “an

Miratbek Zhakypbaev v. Jefferson B. Sessions III

880 F.3d 881 · Court of Appeals for the Seventh Circuit · Jan 26, 2018

The  Secretary  of  Homeland  Security  or  the  Attorney General may grant asylum to aliens who qualify as refugees under 8 U.S.C. § 1101(a)(42)(A). Cojocari v. Sessions, 863 F.3d 616,  620  (7th  Cir.  2017);  8  U.S.C … According  to  the  petitioner,  the  sons  were  arrested  because their fathers, as deputies in the parliament, were immune from prosecution.