Case law

Kenneth Daugherty v. Richard Harrington

Court of Appeals for the Seventh Circuit · Oct 12, 2018

The district court granted the defendants’ motion for summary judgment in its entirety and further concluded that qualified immunity shielded them from liability. 4 No. … immun- ity on that claim.

United States v. Melvin A. James

532 F.2d 1161 · Court of Appeals for the Seventh Circuit · Apr 5, 1976

Later, after he was returned to the Green Bay prison facility, it was established that the State of Wisconsin authorities had made a mistake as to his mandatory release date and James was released. … In light of this testimony we are of the opinion that the facts clearly and unequivocally support the trial court’s finding that no commitment was made which would preclude the federal government from instituting a criminal

Locklin v. Day-Glo Color Corp.

429 F.2d 873 · Court of Appeals for the Seventh Circuit · Jun 26, 1970

Rather the courts have been liberal in designing rules of proof with respect to the amount of damages when the fact of damage, as here, is clearly established, Howard Industries, Inc. v. … Otherwise “the more flagrant * * * the invasion of another’s rights, the more certain and complete would be the invader’s immunity.” Id. at 832.

United States v. Ronald Strawser

739 F.2d 1226 · Court of Appeals for the Seventh Circuit · Jul 24, 1984

Arnett, 628 F.2d 1162, 1164 (9th Cir.1979), and the district court’s determination of the question can be set aside only if found to be clearly erroneous. United States v. … From our view of the record, Strawser clearly has failed to present any evidence that the government on December 4, 1981 either expressly or impliedly promised not to prosecute him, i.e., provide him with blanket immunity

Shareef Childs v. Cheryl Webster

Court of Appeals for the Seventh Circuit · Mar 4, 2026

Even if the defendants violated the Free Exercise Clause, though, the district court concluded that qualified immunity shielded them. … No clearly established law put them on notice that ceasing to provide “religious materials to prisoners as a courtesy” would violate the First Amendment. Childs appeals.

Richard Wagoner v. Indiana Department of Correcti

Court of Appeals for the Seventh Circuit · Feb 4, 2015

immunity protects the Commissioner from indi- No. 13-3839 5 vidual liability under the Rehabilitation Act. … To establish a violation of Title II of the ADA, “the plaintiff must prove that he is a ‘qualified indi- vidual with a disability,’ that he was denied ‘the benefits of the services, programs, or activities of a public entity

West v. Millen

79 F. App'x 190 · Court of Appeals for the Seventh Circuit · Oct 9, 2003

Delays in treating painful medical conditions may establish a serious medical need. See id. at 1371 . … West lacked evidence to show that the defendants were deliberately indifferent, we do not address their defense of qualified immunity. Finally, we note that Mr.

Lloyd B. Fisher v. Judge James J. Krajewski

873 F.2d 1057 · Court of Appeals for the Seventh Circuit · Jun 13, 1989

immunity; and that the appellant’s public defender position was neither a confidential nor a policymaking position and therefore the appellant could not be discharged for political reasons. … Though the magistrate’s ruling on the appellant’s motion does not refer to Judge Krajew-ski’s entitlement to absolute or qualified immunity, he had previously denied Judge Krajew-ski’s motion to dismiss Fisher’s lawsuit on

Nicholas Knapp v. Northwestern University, an Illinois Not-For-Profit Corporation, and Rick Taylor

101 F.3d 473 · Court of Appeals for the Seventh Circuit · Jan 3, 1997

Factual determinations are reviewed under a clearly erroneous standard and legal conclusions are given de novo review. A factual or legal error may be sufficient to establish an abuse of discretion. Id. … Clearly, such a result was not intended by Congress. In all other respects, the terms “qualified” and “otherwise qualified” are intended to be interchangeable. 45 C.F.R. pt. 84, app. A, subpt.

Sykes v. Cook County Circuit Court Probate Division

837 F.3d 736 · Court of Appeals for the Seventh Circuit · Sep 14, 2016

It also relied on long-established precedent that federal courts may not intervene in state probate proceedings. We affirmed the dismissal of that lawsuit. M.G.S. ex rel. Sykes v. Toerpe, No. 12-3373, Dkt. 19 (7th Cir. … Disabilities Act prohibits public entities (which includes instrumentalities of state and local governments, like courthouses) from discriminating against qualified individuals with disabilities.

Andrew Dollard v. Gary Whisenand

946 F.3d 342 · Court of Appeals for the Seventh Circuit · Dec 23, 2019

“An officer faces personal liability only if ‘courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indis- tinguishable from those presented in the case … Qualified Immunity The question remains whether “a reasonable officer would have known that the evidence provided to support the war- rant failed to establish probable cause.”

Diversified Development Corp. v. Security Trust Co.

341 F.2d 58 · Court of Appeals for the Seventh Circuit · Feb 4, 1965

I6V2, § 106: “No bank shall establish or maintain more than one banking house, or receive deposits or pay checks at any ■other place than such banking house, and no bank shall establish or maintain in this or any other state … The Illinois statutes and the eases interpreting them clearly indicate that Security’s claim although unenforcible in the courts of Illinois is not void. O’Mal-ley v.

Craig M. Yattoni v. Oakbrook Terrace, a Municipal Corporation Detective Michael Delaurentis

14 F.3d 605 · Court of Appeals for the Seventh Circuit · Dec 28, 1993

violated the plaintiff's clearly established constitutional rights ( 112 S.Ct. at 536 , citing Marlow v. … McGowan, 957 F.2d 345 , 349 n. 1 (7th Cir.1992) aptly notes that qualified immunity is something of a misnomer in this context, for the law in this area is simpler than the daunting doctrinal label of qualified immunity may

Carmelo Melendez v. Illinois Bell Telephone Company

79 F.3d 661 · Court of Appeals for the Seventh Circuit · Apr 25, 1996

We have relied on these standing principles to require an individual Title VII plaintiff alleging disparate impact to establish that he was qualified for the position sought. See Gilty v. … Moreover, the plaintiffs discovery requests clearly encompassed the BSAT-R.

Hillard Quint v. Village of Deerfield

Court of Appeals for the Seventh Circuit · Feb 26, 2010

No. 09‐2508 Page 4 “Qualified immunity is applicable unless the officialʹs conduct violated a clearly established constitutional right … The facts may not be as Quint alleges, but if they are, the officers have no entitlement to the shield of qualified immunity.

Gordon H. BARTSH, Et Al., Plaintiffs-Appellants, v. NORTHWEST AIRLINES, INC., Defendant-Appellee

831 F.2d 1297 · Court of Appeals for the Seventh Circuit · Sep 23, 1987

Following a lengthy hearing, the district court held that the appellants had not established any violation of the consent decree by the defendant. … could not qualify.

Benjamin P. Endres, Jr., and United States of America, Intervening v. Indiana State Police

349 F.3d 922 · Court of Appeals for the Seventh Circuit · Nov 19, 2003

A negative answer will enable the court to avoid a constitutional issue, which makes it prudent to follow the model that the Supreme Court established in Saucier v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d *925 272 (2001), for qualified-immunity appeals by state actors: determine whether the complaint states a claim before inquiring whether the defendants have immunity.

State of Michigan v. United States Army Corps of E

Court of Appeals for the Seventh Circuit · Aug 24, 2011

The first concerns the sovereign immunity of the United States. … And all sides agree that if invasive carp were to achieve a sustainable population in the Great Lakes, the environmental and economic impact would qualify as an unreasonable interference with a public right.

United States v. Ralph R. Ross

9 F.3d 1182 · Court of Appeals for the Seventh Circuit · Nov 5, 1993

Ross again refused to answer absent an express grant of immunity from the court. 4 The court told Mr. Ross that, under the law, the effect of the court compelling an answer was to give him immunity. 5 Nevertheless, Mr. … Ross has correctly asserted that, during a probation hearing, a probationer clearly has a right to invoke his Fifth Amendment privilege. See Minnesota v.

Selester GILTY, Plaintiff-Appellant, v. VILLAGE OF OAK PARK, Defendant-Appellee

919 F.2d 1247 · Court of Appeals for the Seventh Circuit · Dec 7, 1990

As such, the foregoing is irrelevant to him unless he can establish that he is a “qualified” black applicant. … of “qualified” under Cox and Wards Cove.