Case law

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  • United States v. Roger S. Baskes

    687 F.2d 165 · Court of Appeals for the Seventh Circuit · Nov 4, 1981

    Clearly neither Aden nor McPartlin requires substantial evidence. Baskes also misreads D’Andrea and Allied Asphalt Paving Co. … Goldstandt, an unindicted co-conspirator who testified under a grant of immunity, explained that he could insure that the trusts would consistently realize a gain while the taxpayers consistently suffered a loss by entering

    Cited 30 timesPublished
  • Gregory Kozlowski v. Gregory Van Rybroek

    Court of Appeals for the Seventh Circuit · Jun 4, 2019

    Kozlowski cannot demonstrate that the defendants violated a clearly established federal right. … Government officials receive qualified immunity from damages when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”—the right must be defined

    Cited 0 timesUnpublished
  • 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.

    Cited 22 timesPublished
  • 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.

    Cited 8 timesPublished
  • 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).

    Cited 72 timesPublished
  • 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.

    Cited 94 timesPublished
  • Lishou Wang v. Loretta E. Lynch

    804 F.3d 855 · Court of Appeals for the Seventh Circuit · Oct 26, 2015

    The Board upheld the IJ’s decision, finding the adverse credibility determination not clearly erroneous. … Under § 1101(a)(42), if Wang’s wife were forcibly steri- lized or forced to have an abortion, she could establish per se persecution on account of political opinion. See Chen v.

    Cited 5 timesPublished
  • Roy Sargeant v. Aracelie Barfield

    87 F.4th 358 · Court of Appeals for the Seventh Circuit · Nov 28, 2023

    Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. … Bivens claims can fail for many reasons, in- cluding the defense of qualified immunity. Also, apart from Bivens claims, discipline by supervisors and, in egregious cases, even criminal prosecution can help deter abuses.

    Cited 42 timesPublished
  • Earl Wittmer, Earl Craig Cox, and James Jeffers v. Howard A. Peters, III

    87 F.3d 916 · Court of Appeals for the Seventh Circuit · Jul 2, 1996

    They claim that the black man who was made a lieutenant was less qualified than they and received the appointment only because of his race. … But he rejected the plaintiffs’ claim for damages, on the ground that the defendants had qualified immunity; and he denied the plaintiffs’ request for injunctive relief on the ground that they had not established a causal

    Cited 67 timesPublished
  • 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.

    Cited 35 timesPublished
  • Community Hospital of Indianapolis, Inc. v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

    717 F.2d 372 · Court of Appeals for the Seventh Circuit · Nov 21, 1983

    The Deputy Administrator concluded that the rehabilitation center was not a special care unit because “the type of care [rendered by the center was] not comparable to traditional established special care units where patients … The uncontroverted facts, as found by the PRRB and adopted by the Secretary, clearly demonstrate a level of care consonant with that provided in recognized special care units.

    Cited 11 timesPublished
  • Adler v. Northern Hotel Co.

    180 F.2d 742 · Court of Appeals for the Seventh Circuit · Mar 23, 1950

    by transients in order to qualify as a "hotel” under the Act. … have some transient residents to qualify for decontrol.

    Cited 5 timesPublished
  • Negrete-Rodriguez v. Mukasey

    518 F.3d 497 · Court of Appeals for the Seventh Circuit · Mar 3, 2008

    The Illinois statute under which Negrete was convicted, 720 ILCS 5/24-1.1(a), is clearly the state law counterpart to § 922(g)(1). … Thus, the Board’s decision two years later to overturn Vasquez-Muniz I was hardly the “abrupt departure from well established practice” that Negrete would have us believe. Id.

    Cited 28 timesPublished
  • United States v. Hardimon

    329 F. App'x 660 · Court of Appeals for the Seventh Circuit · May 14, 2009

    Moreover, the government clearly argued the participation of Ghost, Disco, and Black in the conspiracy throughout the course of the trial. … Hardimon maintains that the conviction doesn’t qualify as a “prior” conviction because, he contends, insufficient evidence established that he participated in the conspiracy after his conviction in January 2006.

    Cited 5 timesPublished
  • Tomeca Denwiddie v. Stephen Mueller

    Court of Appeals for the Seventh Circuit · May 31, 2019

    Because the officers did not establish that qualified immunity applies based on the facts as Denwiddie pleaded them, we vacate the judgment and remand for further proceedings. … ” their defense that they had not violated any clearly established law.

    Cited 0 timesUnpublished
  • Freedom From Religion Foundation, Inc. v. Bugher

    249 F.3d 606 · Court of Appeals for the Seventh Circuit · Apr 27, 2001

    The Establishment Clause, which states that "Congress shall make no law respecting the establishment of religion," U.S. const. amend. … Therefore, until the Supreme Court has clearly overruled Nyquist, we must apply its holding, which "directly controls" this case. See Agostini, 521 U.S. at 237.

    Cited 10 timesPublished
  • United States v. Kurt W. McDonald

    22 F.3d 139 · Court of Appeals for the Seventh Circuit · Apr 13, 1994

    Facts In April of 1990 Timmy Taylor established a counterfeit printing operation in his print shop in Elkhart, Indiana. Taylor and Jeffrey Easton procured equipment for the operation. … If two permissible views exist, the fact-finder’s choice between them cannot be clearly erroneous. Id.

    Cited 73 timesPublished
  • Loren RANSOM, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee

    844 F.2d 1326 · Court of Appeals for the Seventh Circuit · Apr 26, 1988

    He asserts that the Act and its history clearly reveal that Congress would not have intended to prevent a disabled individual from obtaining a disability freeze merely because he initially received child’s disability benefits … In the case at bar, Congress did not clearly elucidate a specific intent as to whether a recipient of child’s disability benefits whose period of disability is interrupted by a period of gainful employment should qualify

    Cited 14 timesPublished
  • United States v. Ewig Bros. Co., Inc., a Corporation, and Eugene W. Ewig, an Individual, United States of America v. Vita Food Products of Illinois, Inc., a Corporation, and Lawrence T. Schweig,an Individual

    502 F.2d 715 · Court of Appeals for the Seventh Circuit · Aug 28, 1974

    Clearly, the government did not sustain that burden. … procedure for the establishment of tolerances. 21 U.S.C. 348.

    Cited 15 timesPublished
  • Dishon McNary v. Marcus Hardy

    708 F.3d 905 · Court of Appeals for the Seventh Circuit · Feb 26, 2013

    As a result, the decisions below were not “contrary to” clearly established law. 28 U.S.C. § 2254(d); see also Cone, 535 U.S. at 694. … For all these reasons, we find 3 To the extent that the principles of Rompilla were established in 2001, they are clearly distinguishable from this case.

    Cited 84 timesPublished

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