Case law

Maria Gonzalez Perez v. Todd W. Blanche

Court of Appeals for the Seventh Circuit · Sep 8, 2026

In order to qualify for asylum, Perez must establish that she qualifies as a “refugee,” meaning she is “unable or unwill- ing” to return to Mexico because (1) she either has suffered past harm in her home country rising to … Finally, in order to qualify for relief under the CAT, Perez must establish that it is more likely than not she will be subject to torture if she is returned to Mexico. Barry v.

Douglas Power v. Phillip M. Summers

226 F.3d 815 · Court of Appeals for the Seventh Circuit · Sep 5, 2000

Previous decisions have established that other Indiana state universities are state agencies for purposes of the Eleventh Amendment, Kashani v. Purdue University, 813 F.2d 843, 845 (7th Cir.1987); Shelton v. … Even if an adverse employment action within the meaning of the antidiscrimination statutes were required in a section 1983 case (and, to repeat, it is not), it would not follow that the denial of a raise would not qualify

United States v. Traeger, Andrew

Court of Appeals for the Seventh Circuit · May 8, 2002

To establish a claim of ineffective assistance, the defendant must satisfy a two-prong test. … Clearly, robbery and attempted robbery are similar in character.

Gary D. Swank v. James Smart

898 F.2d 1247 · Court of Appeals for the Seventh Circuit · Apr 27, 1990

The test is whether the grounds for liability were clearly established at the time of the violations. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … This specific constituent, at least, of a fair hearing was well established in 1986, as it has to have been for its denial to elude the immunity defense. Anderson v.

Benjamin Perlman v. City of Chicago, a Municipal Corporation, William Devoney and Robert Trusz

801 F.2d 262 · Court of Appeals for the Seventh Circuit · Sep 10, 1986

Briggs, — U.S. —, —, 106 S.Ct. 1092, 1098 , 89 L.Ed.2d 271 (1986) (standard of reasonableness applied in suppression hearing also defines qualified immunity of police officer in civil action). See also Olson v. … Because Perlman never requested the return of the jewelry before filing suit, we hold that the trial judge’s finding was not clearly erroneous.

Locklin v. Day-Glo Color Corporation

429 F.2d 873 · Court of Appeals for the Seventh Circuit · Sep 15, 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. Wilson

715 F.2d 1164 · Court of Appeals for the Seventh Circuit · Aug 19, 1983

Clearly these offenses involved the introduction of common proofs. Evidence of large expenditures tended to show that C.W. had sufficient income to necessitate filing of a tax return. … Thus, we hold that the district court properly denied defendants’ request to order use immunity for certain witnesses, and that there was no abuse of discretion in the government’s decision not to confer immunity. IX.

United States v. John Doe

940 F.2d 199 · Court of Appeals for the Seventh Circuit · Aug 2, 1991

Here, the only promises at issue made on behalf of a principal are those respecting use immunity. These terms are entered on behalf of the United States Government. … We cannot say the District Court was clearly erroneous in finding no agreement to file a Hule 35(b) motion.

United States v. Sheldon Serlin and Marvin Phillips

538 F.2d 737 · Court of Appeals for the Seventh Circuit · Aug 2, 1976

THE SINGLE SCHEME ALLEGED IN THE INDICTMENT WAS ESTABLISHED AT TRIAL. Relying on Kotteakos v. … On the other hand the record reveals that the government made repeated warnings to Serlin that only the possibility of immunity existed.

Norman-Nunnery v. Madison Area Technical College

625 F.3d 422 · Court of Appeals for the Seventh Circuit · Nov 8, 2010

Under the burden shifting analysis, a plaintiff must first establish a prima facie case of hiring discrimination by demonstrating: (i) that he belongs to a racial minority; (ii) that he applied and was qualified … We reserve that question for the case in which it is clearly presented. III.

Gibson v. Picou

101 F. App'x 154 · Court of Appeals for the Seventh Circuit · Jun 3, 2004

See, e.g., Payne, 337 F.3d at 779-80 (rejecting claim of qualified immunity where plaintiff “protested that the handcuffs were too tight, that she could not feel her hands, and that she was in pain”); Herzog v. … But without formal or constructive leave to amend his complaint (neither of which are established by these facts) Gibson could not assert a claim for the first time in his response. Whitaker v. T.J.

Shawn Riley v. David Ewing

Court of Appeals for the Seventh Circuit · Sep 17, 2019

Ewing sought summary judgment on this claim on qualified‐immunity grounds. Qualified immunity shields government officials from suits for damages if they did not violate a clearly established federal right. … Because Ewing did not violate a clearly established federal right, qualified immunity bars this claim. See Pearson v. Callahan, 555 U.S. 223, 236 (2009).

United States v. Bryant

557 F.3d 489 · Court of Appeals for the Seventh Circuit · Feb 26, 2009

to qualify as crack for *499 sentencing purposes. … Cases from this and other circuits establish, therefore, that the presence of sodium bicarbonate is not a litmus test for establishing that a substance is “crack” for the purposes of Section 2D1.1.

5 Fair empl.prac.cas. 229, 5 Empl. Prac. Dec. P 8085 Southern Illinois Builders Association v. Richard B. Ogilvie, Governor, State of Illinois, and Operative Plasterers and Cement Masons International Association, Local 90, Afl-Cio, and United States of America, Intervenor-Appellee

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

II 14 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.

Louis Peter Boscarino v. Carl Nelson

518 F.2d 879 · Court of Appeals for the Seventh Circuit · Jul 14, 1975

Since we adopted the Bivens test in Tritsis and Brubaker , defendant has established his defense to his action. … The district court dismissed these two defendants on immunity grounds and the plaintiff has not appealed from that ruling. .

Anna E. Parker v. The Board of School Commissioners of the City of Indianapolis

729 F.2d 524 · Court of Appeals for the Seventh Circuit · Mar 13, 1984

We hold that the findings of the district court have ample support in the record and further that the findings of the trial court are not clearly erroneous. … Parker clearly has had a distinguished career as an educator and has been a dedicated employee of the IPS and Arsenal Technical High School.

Lesley D. Popovits v. Circuit City Stores, Inc.

185 F.3d 726 · Court of Appeals for the Seventh Circuit · Jul 15, 1999

COBRA requires that employers offer qualified beneficiaries continuation coverage that “is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying … Clearly, the parties dispute whether any attempts to discuss the February 1996 letter were made or rebuffed.

Martha Dunham and Preston Dunham v. Frank's Nursery & Crafts, Inc.

919 F.2d 1281 · Court of Appeals for the Seventh Circuit · Dec 12, 1990

how can it be maintained that compelling a colored man to submit to a trial for his life by a jury drawn from a panel from which the State has expressly excluded every man of his race, because of color alone, however well qualified … Gunther, Constitutional Law 879 (11th ed. 1985). 13 Shelley merely recognized that judicial action was not “immunized” from constituting state action.

Council 31, American Federation of State, County & Municipal Employees v. Doherty

169 F.3d 1068 · Court of Appeals for the Seventh Circuit · Mar 5, 1999

These requirements immunize most single decisions from disparate impact challenges. … The district court’s decision to adopt Donohue’s statistical analysis was not clearly erroneous.

Donald K. Trembath and Norman J. Loftus v. St. Regis Paper Company

753 F.2d 603 · Court of Appeals for the Seventh Circuit · Jan 24, 1985

applied for the job; (5) that plaintiff was qualified to perform the job; but that (6) the employer filled the job by selecting a younger person outside the protected age group. … 3 that there might be a “trend” in Wisconsin toward regarding unilateral pronouncements such as company policy manuals as contractual obligations, or toward abrogation of the employment-at-will doctrine. 4 Moreover, it clearly