Case law

Opinions from 1658 to today.

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  • Marie v. Edgar

    131 F.3d 610 · Court of Appeals for the Seventh Circuit · Dec 2, 1997

    Amendment or the States' sovereign immunity." … regulations ... have the force of law," that the regulations at issue provided specific guidelines to be followed, and that therefore "the benefits Congress intended to confer on tenants are sufficiently specific and definite to qualify

    Cited 0 timesPublished
  • Shondra Royal v. Cameron Norris

    Court of Appeals for the Seventh Circuit · Jun 24, 2019

    No. 18‐3039 Page 4 As for qualified immunity, the magistrate judge concluded that Royal’s right to medical treatment was clearly established … Without any such precedent, they argue, they could not have violated clearly established law and are therefore entitled to qualified immunity.

    Cited 0 timesUnpublished
  • United States v. Benjamin Harold Brooks and Frederick James Treesh

    125 F.3d 484 · Court of Appeals for the Seventh Circuit · Sep 9, 1997

    Consequently, we conclude that the district court did not clearly err in finding that Mr. … Brooks offers no showing that Harth’s immunized testimony was incredible as a matter of law.

    Cited 146 timesPublished
  • United States v. Eric L. Frazier, Jacoby Walker and Michael Mason

    213 F.3d 409 · Court of Appeals for the Seventh Circuit · May 23, 2000

    The memorandum alleged perjury, specifically regarding Frazier’s statement that he could get probation or immunity through his cooperation. … Therefore, the obstruction- of justice enhancement was not clearly erroneous.

    Cited 89 timesPublished
  • Fulton Market Cold Storage Company v. P. J. Cullerton

    582 F.2d 1071 · Court of Appeals for the Seventh Circuit · Aug 7, 1978

    Therefore, we hold that a state or county tax official will be liable for damages under § 1983 only if he violated the plaintiff’s clearly established constitutional rights intentionally or with reckless disregard of those … Strickland, supra, a compensatory award will be appropriate only if the tax official has acted with an impermissible motivation or with such intentional or reckless disregard of the plaintiff’s clearly established constitutional

    Cited 50 timesPublished
  • United States v. Ronald Wayne Schultz

    769 F.2d 431 · Court of Appeals for the Seventh Circuit · Jul 30, 1985

    Consistent with this defense, Schultz’s counsel did not seek to establish DeGrave’s greater culpability as the gunman under the government’s version of events, but instead chose to reject the government’s version altogether … A review of the record in this case clearly demonstrates that the omission of an aiding and abetting instruction in this case was not plain error, and in fact was not error at all.

    Cited 5 timesPublished
  • 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.

    Cited 2 timesPublished
  • Daniel Crowley v. Donald McKinney and Berwyn South School District 100

    400 F.3d 965 · Court of Appeals for the Seventh Circuit · Mar 11, 2005

    But this is qualified by a later provision that the parties “shall have joint and equal rights of access to records that are maintained by third parties, including ... their education ... records. … As should be apparent from our discussion, the existence of the right that Crowley asserts is not established law, and McKinney is therefore immune from having to pay damages for violating that right.

    Cited 29 timesPublished
  • 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.

    Cited 132 timesPublished
  • R.E. Davis Chemical Corporation, an Illinois Corporation v. Diasonics, Incorporated, a California Corporation

    924 F.2d 709 · Court of Appeals for the Seventh Circuit · Feb 8, 1991

    We held that in order to qualify as a lost volume seller, a plaintiff must establish the following three factors: (1) that it possessed the capacity to make an additional sale, (2) that it would have been profitable for it … Without more evidence, we decline to impose upon Diasonics the burden of proving the exact buyer who purchased this particular system in order to qualify as a lost volume seller.

    Cited 15 timesPublished
  • 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.

    Cited 26 timesPublished
  • United States v. James Fallon

    776 F.2d 727 · Court of Appeals for the Seventh Circuit · Nov 4, 1985

    On this basis these mailings clearly constitute mail fraud under § 1341. … Accomplices and co-conspirators who have been granted immunity from prosecution are generally competent to testify.

    Cited 16 timesPublished
  • Gregory Rahn v. Board of Trustees of Northern

    Court of Appeals for the Seventh Circuit · Sep 23, 2015

    The failure to clearly identify documents in the record, and to provide supporting citations for material propositions of fact, is a recurrent problem in this case. … At a minimum, in seeking copyright protection, the plaintiffs must clearly identify the work at issue. The plaintiffs have failed to do so here.

    Cited 0 timesPublished
  • Durable Manufacturing Co. v. United States Department of Labor

    578 F.3d 497 · Court of Appeals for the Seventh Circuit · Aug 18, 2009

    When DOL amended § 656.30(b) essentially to establish a 180-day time limit for previously approved labor certifications, the plaintiffs’ right to the certifications’ indefinite validity ended. … Here, however, there is indeed statutory language clearly directing that DOL's sufficient workers determination be linked in time to the filing of a visa application.

    Cited 27 timesPublished
  • Federal Savings and Loan Insurance Corporation v. American National Bank and Trust Company of Chicago

    392 F.2d 906 · Court of Appeals for the Seventh Circuit · Mar 7, 1968

    resolution of the board of directors of Beverly authorizing and directing the purchase of the Quinn loan, that the purpose of such purchase was to protect Beverly’s junior lien position in the collateral served to *910 establish … a basis validating the Bank’s participation in the transaction and immunizing it from liability thereon by way of rescission or otherwise.

    Cited 5 timesPublished
  • United States v. Victor E. Robbins, Sr., A/K/A Gene, Roy G. Robbins, A/K/A Gordon, and James Herriman

    197 F.3d 829 · Court of Appeals for the Seventh Circuit · Nov 19, 1999

    . § 201 (c)(2), which prohibits bribery of public officials and witnesses, when it offered immunity to Osborne. … We hold that the Government’s promise to provide immunity to Osborne did not violate § 201(c)(2). I. Sentencing Issues 1.

    Cited 111 timesPublished
  • Richard A. Moore v. Muncie Police and Fire Merit Commission, Mike Szakaly, David Eiler

    312 F.3d 322 · Court of Appeals for the Seventh Circuit · Dec 5, 2002

    Thus, his application did not qualify for approval under the transition policy. … a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.”

    Cited 21 timesPublished
  • United States v. Clifford T. Green, United States of America v. Pay Ming Leu

    511 F.2d 1062 · Court of Appeals for the Seventh Circuit · Mar 18, 1975

    We do not agree, however, that registrants were to be totally immune from the sanctions imposed by section 841. … Leu does not establish substantial prejudice.

    Cited 39 timesPublished
  • United States v. Stott, Larry E., Jr.

    15 F. App'x 355 · Court of Appeals for the Seventh Circuit · Jun 22, 2001

    In order to establish plain error, Mr. … ‘cocaine base’ need contain sodium bicarbonate to qualify as crack for sentencing purposes.”

    Cited 7 timesPublished
  • James Sims v. Alan Lucas

    19 F.3d 1436 · Court of Appeals for the Seventh Circuit · Mar 22, 1994

    established statutory, constitutional and Civilly protected rights under the United States Constitution. 14 Defendants moved for summary judgment on this claim raising, inter alia, the defense of qualified immunity. … identified as unlawful.... 18 By defining the limits of qualified immunity essentially in objective terms, we provide no license to lawless conduct.

    Cited 1 timesUnpublished

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