Case law
Opinions from 1658 to today.
9,632 results
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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.
Cited 0 timesUnpublished939 F.2d 445 · Court of Appeals for the Seventh Circuit · Aug 6, 1991
Fed.R.Evid. 702. 7 Kinsella was clearly qualified by reason of “knowledge, skill, experience, training, or education.” Id. … Later, in qualifying another expert witness, the district court read the text of Rule 702 to the jury.
Cited 96 timesPublished21 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.
Cited 2 timesPublishedSherwin 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.
Declined to follow in part by Richard L. Windsor v. The Tennessean, 719 F.2d 155 (1984)Cited 243 timesPublished506 F.3d 517 · Court of Appeals for the Seventh Circuit · Nov 1, 2007
But guilt no matter how clearly established cannot cancel a criminal defendant’s right to a trial that meets minimum standards of procedural justice. … The government’s attempt to immunize jurors itself suggests the proceedings were broken beyond repair.
Cited 14 timesPublishedCourt of Appeals for the Seventh Circuit · Dec 14, 2018
The court found Casper not liable because, whether or not he received the le_er, it did not establish a specific or substantial threat. … It is not; Farmer clearly es- tablishes the governing rules. The judge found instead that, because the defendants are not liable at all, they also are en- titled to immunity. That’s a confusion.
Cited 0 timesPublished427 F. App'x 522 · Court of Appeals for the Seventh Circuit · Aug 12, 2011
Richardson objected to the PSR’s recommendation, arguing that the government had not established that he had sold the firearms he retained after the robbery and that the actions he confessed to performing did not qualify … When reconsidei’ing whether Richardson’s conduct qualifies him for a § 2K2.1(b)(5) sentence enhancement, the district court must determine whether a preponderance of the evidence established that the defendant knew or should
Cited 1 timesPublishedDonald 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.
Cited 90 timesPublishedUnited States v. Dejuan A. Worthen
60 F.4th 1066 · Court of Appeals for the Seventh Circuit · Mar 2, 2023
Section 2 of Title 18 does not create a separate offense—it instead establishes that someone who aids and abets a federal 6 No. 21-2950 crime has committed the federal … Under Worthen’s approach, then, no offense would qualify as a crime of violence.
Cited 25 timesPublishedWoodlawn 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.
Cited 8 timesPublished518 F.2d 811 · Court of Appeals for the Seventh Circuit · Jun 17, 1975
After trial, the District Court found that the Neustadts in good faith relied upon the appraisal in consummating their contract of purchase, and that reasonable care by a qualified appraiser would have warned the Neustadts … The fundamental obstacle to recovery is not the immunity of a sovereign to suit, but the lack of a substantive right to recover the damages resulting from failure of a government or its officers to keep the peace. 248 U.S
Cited 7 timesPublishedArnold v. Peabody Coal Company
41 F.3d 1203 · Court of Appeals for the Seventh Circuit · Dec 9, 1994
The Board's decision was not appealed, and in any event, it clearly involved facts substantially different from those before us. Dr. … Giving deference to the ALJ's findings, the majority found that the decision "was not clearly erroneous and was supported by the record."
Cited 4 timesPublishedUnited States v. Hector Sandoval
347 F.3d 627 · Court of Appeals for the Seventh Circuit · Oct 20, 2003
Guadalajara, the witness’s interpreter, was “otherwise qualified” and was on the court’s list as an approved interpreter. (Tr. 385). The transcript reveals that the district court judge specifically found Mr. … However, if an indictment has not been challenged at the trial level, it is immune from attack unless it is so obviously defective as not to charge the offense by any reasonable construction. Id.
Cited 73 timesPublished727 F.2d 633 · Court of Appeals for the Seventh Circuit · Feb 8, 1984
Grandfather clauses almost always favor established residents or businesses over newer ones. See, e.g., City of New Orleans v. … be constitutional if the legislature had merely taken the trouble to articulate its purposes more clearly.
Cited 32 timesPublishedJeffrey Kirkland v. United States
687 F.3d 878 · Court of Appeals for the Seventh Circuit · Jul 24, 2012
That is clearly not the 22 No. 11-2507 case anymore. … No. 11-2507 23 This conclusion follows our well-established precedent.
Cited 26 timesPublished988 F.2d 706 · Court of Appeals for the Seventh Circuit · Apr 15, 1993
These three elements are presumed, so far as bears on this case, if the claimant has ten years of qualifying experience in a coal mine and produces a chest X-ray that establishes the existence of pneumoconiosis. 20 C.F.R. … This burden clearly falls on Jones, the claimant who is seeking black lung benefits.
Vacated by Freeman United Coal Mining Co. v. Jones, 512 U.S. 1231 (1994)Cited 22 timesPublished126 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”.
Cited 137 timesPublished902 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.
Cited 1 timesPublishedDargis, Liutauras v. Sheahan, Michael
Court of Appeals for the Seventh Circuit · May 16, 2008
To make out a prima facie case of disability discrimination, Dargis must establish that (1) he suffers from a disability as defined in the ADA, (2) he is qualified to perform the essential functions of the job in question … Because Dargis was unable to establish that he was qualified to perform the essential functions of the cor- rectional officer position, he did not make out a prima facie case of discrimination under the ADA, and the dis-
Cited 0 timesPublishedWaldinger Corp. v. CRS Group Engineers, Inc.
775 F.2d 781 · Court of Appeals for the Seventh Circuit · Oct 14, 1985
Waldinger has not persuaded us that this finding is clearly erroneous. … Although Ballou refers to quasi-judicial immunity, we prefer the term qualified privilege.
Cited 7 timesPublished
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