Case law

Ahmad Baravati v. Josephthal, Lyon & Ross, Incorporated, and Peter Sheib

28 F.3d 704 · Court of Appeals for the Seventh Circuit · Jul 1, 1994

It might seem obvious and therefore in need of no authority that arbitrators may not disregard established legal privileges and immunities. … The absolute privilege for defamation based on judicial and quasi-judicial communications is closely related to the absolute immunity of judges, legislatures, prosecutors, and witnesses; in fact it overlaps all those immunities

Jansen v. Aaron Process Equipment Co.

149 F.3d 603 · Court of Appeals for the Seventh Circuit · Jul 9, 1998

The Supreme Court decided that the statutory immunity to a direct action by the employee did not logically lead to a similar immunity from a contribution claim. Doyle, 77 Ill.Dec. 759 , 461 N.E.2d at 388 . … After Doyle was decided, the IHinois Supreme Court qualified its reach in Kotecki by holding that the employer’s contribution liability was limited to the amount it could be required to pay under the workers’ compensation

Kelly Hobbs v. City of Chicago

Court of Appeals for the Seventh Circuit · Jul 21, 2009

We agree with the district court that Hobbs failed to show that she was as qualified or more qualified than Quinn. … Therefore, her only argument concerns assignments that were clearly within her job duties.

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.

Madonna Kline v. Doris Hughes, in Both Her Personal Capacity and in Her Capacity as an Official of Spencer County, Indiana

131 F.3d 708 · Court of Appeals for the Seventh Circuit · Dec 18, 1997

However, these cases also establish an exception to that general rule. … Hughes’ entitlement to qualified immunity.

Khem Bissessur v. Indiana University Board of Tr

Court of Appeals for the Seventh Circuit · Sep 11, 2009

It found that the defendants had qualified immunity with respect to Bissessur’s claims for monetary damages. … contract establishes an entitlement to a tangible continuing benefit, see Bd. of Regents of State Colleges v.

Novak v. Board of Trustees of Southern Illinois University

777 F.3d 966 · Court of Appeals for the Seventh Circuit · Feb 10, 2015

Under the indirect method, a plaintiff must establish a prima facie case of discrimination by pre- senting evidence that (1) he is disabled, (2) he is qualified to participate in the program, (3) he suffered an adverse action … Our own case law has long acknowledged that “Congress did not intend that institutions of higher learning enjoy immunity from the Na- tion’s antidiscrimination statutes.” Vanasco v.

Michael Stern v. St. Anthony's Health Center

788 F.3d 276 · Court of Appeals for the Seventh Circuit · Jun 4, 2015

Office of the Chief Judges of the 12th, 18th, 19th, & 22nd Judicial Circuits, 601 F.3d 674, 679 (7th Cir. 2010) (quotation omitted); see 29 C.F.R. § 1630.2(n)(3) (“Evi- be required to establish that he is a “qualified individual … However, to establish disability discrimination, even using direct evidence, a plaintiff must establish that he is qualified to perform the essential functions of his job either with or without reasonable accommodation.

Pence v. Rosenquist

573 F.2d 395 · Court of Appeals for the Seventh Circuit · Feb 2, 1978

Third, that the School Board members were protected by qualified immunity from liability based on the common-law tradition and strong public policy. … Even a determination of immunity would not dispose of the case for all purposes.

V. Carol Robbins v. Lloyd Bentsen in His Capacity as Secretary of the Treasury v. Carol Robbins v. Keith Faust, Joe Williams and Donald Werner

41 F.3d 1195 · Court of Appeals for the Seventh Circuit · Dec 8, 1994

When Robbins filed her claim on October 31, 1991, the section 1613 regulations clearly governed the matter. … Given that uncertainty, it seems likely that Robbins’s superiors would be granted qualified immunity from suit. Kernats v. O’Sullivan, 35 F.3d 1171, 1175-76 (7th Cir.1994); Rakovich, 850 F.2d at 1210 ; Benson v.

Martin v. Jackson

21 F. App'x 443 · Court of Appeals for the Seventh Circuit · Sep 18, 2001

In the alternative, the court held that the defendants were entitled to qualified immunity on both of Martin’s claims. We review a grant of summary judgment de novo. Estate of Novack ex rel. Turbin v. … Martin accordingly did not muster any evidence to create a fact dispute about whether he would have been transferred “but for” exercising his rights, and he failed to establish a retaliation claim. See Ponchik v.

Lori L. Vande Zande v. State of Wisconsin Department of Administration, James R. Klauser, Lee Martinson

44 F.3d 538 · Court of Appeals for the Seventh Circuit · Jan 5, 1995

. *542 Instead, they defined "discrimination" to include an employer's "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disabifity who is an applicant … The AIDS virus progressively destroys the infected person’s immune system.

Biagio Stragapede v. City of Evanston

865 F.3d 861 · Court of Appeals for the Seventh Circuit · Jul 31, 2017

Yellow Freight Sys., Inc., 253 F.3d 943, 948 (7th Cir. 2001), but we have “not establish[ed] a hard-and-fast rule that no absences from work need be tolerated,” id. at 949 (quoting Waggoner v. … establishes a manifest error of law or fact.”

Shemika Mitchell v. Durham Enterprises, Inc.

99 F.4th 978 · Court of Appeals for the Seventh Circuit · Apr 24, 2024

The estate’s Rooker–Feldman argument is clearly foreclosed by Lance and De Grandy. Subject-matter jurisdiction is secure. … The insurer has the burden to establish that it owes no duty to defend. Id. at 543; see also Allen, 512 S.W.3d at 31.

Richard Johnson v. Jacob Gullickson

Court of Appeals for the Seventh Circuit · Jul 1, 2022

Under the doctrine of qualified immunity, officers are immune from suit unless they violate a constitutional right that was clearly established at the time of the alleged violation and “every reasonable official would have … Once officers raised the qualified- immunity defense, Johnson had the burden to identify legal decisions that show the claimed right was clearly established, and he points us to none. See Cibulka v.

Woodlawn Hospital v. National Labor Relations Board

596 F.2d 1330 · Court of Appeals for the Seventh Circuit · May 2, 1979

The Supreme Court established in NLRB v. … As a matter of law, we think this record clearly establishes that the employer did intend to discharge the strikers before the effective date of the Health Care Amendments.

Donald G. Breuer v. Terry Hart, Sheriff of Warren County

909 F.2d 1035 · Court of Appeals for the Seventh Circuit · Aug 9, 1990

Applying Connick’s public-concern test, Breuer’s complaints may qualify for First Amendment protection. … Because we affirm the district court on the disruption ground we do not reach either the qualified immunity defense under Harlow v.

Tafford Lee Holman, Petitioner-Appellee/cross-Appellant v. Jerry D. Gilmore, Warden, Respondent-Appellant/cross-Appellee

126 F.3d 876 · Court of Appeals for the Seventh Circuit · Sep 11, 1997

No “clearly established Federal law, as determined by the Supreme Court of the United States” supports Holman’s position. … Holman has not established that his conviction or sentence “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States”.

52 Fair empl.prac.cas. 1691, 53 Empl. Prac. Dec. P 39,919 Sheila Sims, Cross-Appellee v. John Mulcahy, Cross-Appellant, and City of Madison, Thomas Hischke, Robert Peterson, Jerome Gartner, Robert Birrenkott and Paul Anderson

902 F.2d 524 · Court of Appeals for the Seventh Circuit · May 9, 1990

Sims appeals from this judgment, while Mulcahy cross-appeals from the district court's refusal to grant him qualified immunity. We affirm. I. … immunity.

Sherwin S. Stern v. United States Gypsum, Inc.

547 F.2d 1329 · Court of Appeals for the Seventh Circuit · Jan 12, 1977

equal protection of the laws, or of equal privileges and immunities under the laws” as § 1985(3) requires. … A similar overriding of the right to petition might likewise be sustainable in federal legislation which clearly and narrowly intended that effect.