Case law

Subhen Ghosh v. Indiana Department of Environmental Management

192 F.3d 1087 · Court of Appeals for the Seventh Circuit · Oct 4, 1999

The job notice for the position clearly instructed applicants to submit both a resume and an application. … However, Daugherty’s resume clearly listed extensive experience in solid waste at IDEM, while Ghosh was employed exclusively in IDEM’s wastewater inspection section.

George C. Hook v. The Honorable Joe Billy McDade Judge, United States District Court for the Central District of Illinois

89 F.3d 350 · Court of Appeals for the Seventh Circuit · Aug 19, 1996

The issue in Cannon was whether an employee had worked sufficient consecutive days at Wittek to qualify for Blue Cross coverage under the terms of Wittek’s health insurance plan. … A judge’s ordinary efforts at courtroom administration— even a stern and short-tempered judge’s efforts at courtroom administration — remain immune. Liteky v.

Omosegbon, Oladele v. Wells, Richard H.

335 F.3d 668 · Court of Appeals for the Seventh Circuit · Jul 14, 2003

The result is that there is an extra layer to our sovereign immunity analysis regard- ing Dele’s state-law claims, given this Court’s repeated holdings that under Erie “state rules of immunity are binding in federal court … In short, Dele’s attempt to establish a liberty interest fails.

Rashad Swanigan v. City of Chicago

775 F.3d 953 · Court of Appeals for the Seventh Circuit · Jan 9, 2015

He clearly did not. … of the qualified-immunity defense for individual defendants, see, e.g., Anderson v.

In the Matter of Jack Korman and Robert W. Likas, Witnesses Before the Special February 1971 Grand Jury v. United States of America, United States Ex Rel. Jack Korman and Robert W. Likas v. The United States Attorney for the Northern District of Illinois and the United States Marshal for the Northern District of Illinois

486 F.2d 926 · Court of Appeals for the Seventh Circuit · Jun 8, 1973

Each defendant was granted immunity pursuant to 18 U.S.C. Sec. 6002 . … only full transactional immunity is sufficient to supplant the privilege against self-incrimination.

Klug v. Chicago School Reform Board Of Trustees

197 F.3d 853 · Court of Appeals for the Seventh Circuit · Nov 23, 1999

In addition, Czarnecki was said to have established a sub- account from which he awarded student scholarships, also in violation of Board rules. … Ambroz, 90 F.3d 1291 (7th Cir. 1996). 19 Clearly, at Prosser, based on the facts set out in the complaint, something had to give.

Nutrilab, Inc. v. Schweiker

713 F.2d 335 · Court of Appeals for the Seventh Circuit · Aug 8, 1983

It is well established that the definitions of food and drug are normally not mutually exclusive; an article that happens to be a food but is intended for use in the treatment of disease fits squarely within the drug definition … “anti-fat remedies” and “slenderizers” qualify as drugs under that Section.

United States v. Roth, Gary R.

Court of Appeals for the Seventh Circuit · Jan 7, 2000

In exchange for use immunity, Rhoda described the entire operation. His statements became the cornerstone of the warrant affidavit which Roth now challenges. … The evidence in this case clearly establishes probable cause. The decision of the District Court is therefore affirmed. D.

Joshua Bunn v. Khoury Enterprises, Inc.

753 F.3d 676 · Court of Appeals for the Seventh Circuit · May 28, 2014

In order to establish a claim for failure to accommo- date, a plaintiff must show that: (1) he is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer failed to reasonably … Even if we assume that Khoury subjected Bunn to an “adverse employment action”—an assumption which is not clearly supported by the evidence of record1—he has suggested only three items which he believes will prove that such

Vincent Thomas v. Howard A. Peters, Iii, Director, Department of Corrections, State of Illinois

48 F.3d 1000 · Court of Appeals for the Seventh Circuit · Feb 23, 1995

Similarly, a court asked to give the defendant qualified immunity because the plaintiffs claim was not “clearly established” at the time the defendant acted may reply: “It is not clearly established even today.”

United States v. Franklin

547 F.3d 726 · Court of Appeals for the Seventh Circuit · Oct 27, 2008

Consequently, in this court the indictment “is immune from attack unless it is so obviously defective as not to charge the offense by any reasonable construction.” United States v. … Franklin next argues that the mandatory minimum sentences established by Congress in § 841 are an unconstitutional deprivation of his due process rights.

Kevin Williams v. Robert Snyder

Court of Appeals for the Seventh Circuit · Apr 11, 2022

Snyder contends that his reliance on counsel entitles him to qualified immunity even if he violated clearly established law. We first address Williams’s argument about Hansen. … That brings us to Snyder’s defense of qualified immunity.

United States v. Norris W. Jackson

103 F.3d 561 · Court of Appeals for the Seventh Circuit · Feb 7, 1997

Clearly, Bailey has rendered the challenged jury instruction an incorrect statement of law. … Jackson’s 1990 conviction qualifies as a controlled substance offense under the Sentencing Guidelines, and therefore, the district court’s classification of Jackson as a career offender was not clearly erroneous. B.

United States v. Swanson

635 F.3d 995 · Court of Appeals for the Seventh Circuit · Mar 24, 2011

In the grand jury context, it is well established that while a defendant must always be truthful, he can always invoke his Fifth Amendment rights. … The very unusual order has features of a subpoena duces tecum, but certainly doesn’t qualify for that process. See Fed. R. Crim.P. 17.

United States v. Pedro Ramirez

94 F.3d 1095 · Court of Appeals for the Seventh Circuit · Sep 4, 1996

We believe that the court came to a reasonable conclusion that was not clearly erroneous. … Burnett, 66 F.3d 137, 141 (7th Cir.1995) (defendant bears burden of establishing minor participant status to warrant downward departure).

Aunt Mid, Inc. v. Fjell-Oranje Lines

458 F.2d 712 · Court of Appeals for the Seventh Circuit · Apr 19, 1972

Although the sea was clearly less than boiling hot, the defendants’ ships equally *714 clearly delivered cabbages far less than fit for kings. 2 Therefrom arose this lawsuit. … The defendants contend that under the applicable law, a shipper, as a condition precedent to recovery, must establish the good order and condition of the goods shipped.

Hall v. Norfolk Southern Railway Company

469 F.3d 590 · Court of Appeals for the Seventh Circuit · Nov 9, 2006

Hall then moved to amend his complaint to add Conrail as a defendant, but by that time the statute of limitations had run and any claim against Conrail was time-barred unless it qualified for "relation back" under Rule 15 … But having a contractual right to seek indemnification is not the same as being immune from a suit altogether.

Kozuszek v. Brewer

546 F.3d 485 · Court of Appeals for the Seventh Circuit · Oct 8, 2008

Additionally, because Brewer and Nelson did not violate the Kozuszeks’ constitutional rights, they are shielded from liability by qualified immunity, which generally protects state actors from civil damages '‘insofar as their … conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Carpenter v. Douma

840 F.3d 867 · Court of Appeals for the Seventh Circuit · Oct 28, 2016

Extraordinary Circumstances Because we agree with the district court that Carpenter failed to establish diligent pursuit, we conclude that he is not entitled to equitable tolling. … As such, most of these circumstances, taken alone, do not qualify as “extraordinary.”

Illinois Health Care Ass'n v. Illinois Department of Public Health

879 F.2d 286 · Court of Appeals for the Seventh Circuit · Jul 18, 1989

The defendants filed a motion to dismiss the plaintiffs' complaint based on lack of standing, sovereign immunity and failure to state a claim upon which relief can be granted. … be constitutional if the leg *290 islature had merely taken the trouble to articulate its purposes more clearly.