Case law

Frey, Sarah E. v. EPA

Court of Appeals for the Seventh Circuit · Nov 6, 2001

the parties to argue the jurisdictional issue, or provide the plaintiff with the opportunity to discover the facts necessary to establish jurisdiction." … But we are concerned that this reading ignores the lack of a qualifier on the phrase "remedial action." The statute does not say "a remedial action," or "a stage of a remedial plan."

Van Dyke Johnson v. Stephen Doughty, Doctor, John Cearlock, Don Hinderliter

433 F.3d 1001 · Court of Appeals for the Seventh Circuit · Jan 17, 2006

Subsequently, the district court denied defendants’ motions to dismiss, concluding that they were not entitled to qualified immunity. Johnson then made another request for counsel, which the district court again denied. … For instance, under Illinois medical malpractice law, when "expert testimony is required to establish the applicable standard of care, it is well-settled that the testimony of the defendant doctor may suffice to establish

Titus Henderson v. Cathy Jess

Court of Appeals for the Seventh Circuit · Jun 3, 2022

But even assuming his class-of-one claims may be cognizable in the abstract, the relevant law is not “clearly established” for purposes of qualified immunity. City of Escondido v. Emmons, 139 S. … In sum, these cases do not help Henderson overcome qualified immunity.

Bradich, Delores v. City of Chicago

Court of Appeals for the Seventh Circuit · Jul 1, 2005

Defendants describe themselves as frantically trying to save Bradich during those ten minutes, and this is why the district judge concluded that deliberate indifference had not been established. … And if the Estate is right about what happened during the ten minutes, the lockup keepers are not entitled to qualified immunity: no reasonable officer could think that the Constitution allowed him to cover up his own miscon

Victor Holm v. Captain Casiana

Court of Appeals for the Seventh Circuit · Feb 6, 2019

Qualified immunity shields government officials performing discretionary functions  from damages for conduct that did not violate a clearly established federal right,  “defined with specificity.” City of Escondido v.  … Following Sparks, qualified immunity applies here, too.   

Blaine Kvapil v. Chippewa County, Wisconsin

752 F.3d 708 · Court of Appeals for the Seventh Circuit · Jun 9, 2014

Croix Care Ctr., 214 Wis.2d 655, 663, 571 N.W.2d 393 (Wis. 1997) (“The employment-at-will doctrine is an established general tenet of workplace relations in this jurisdiction.”). … Finally, because Kvapil has failed to establish a depriva- tion of a constitutional right, we need not address the indi- vidual Defendants’ qualified immunity arguments. See Mann v.

Christi Turpin v. John Koropchak

Court of Appeals for the Seventh Circuit · Jun 5, 2009

The plaintiff bears the burden of establishing that the suit is properly brought in federal court. Craig v. Ontario Corp., 543 F.3d 872, 876 (7th Cir. 2008). … Clearly the State is not the real party in interest if a woman sues an off-duty trooper for mugging her on the way home from the grocery store.

Thomas Amadio v. Ford Motor Company

238 F.3d 919 · Court of Appeals for the Seventh Circuit · Feb 1, 2001

in a fourteen-month period, not qualified); Corder, 162 F.3d at 928 (employee missing eighteen months of work not qualified); Nowak, 142 F.3d at 1003-04 (employee missing eighteen months of work not qualified). … Amadio’s record of attendance clearly indicated that, even if he had returned to work *929 in one week, he was not likely to remain for very long before a new ailment afflicted him.

In the Matter of J.J.S. Co., Inc., an Alleged Bankrupt. J.J.S. Co., Inc. v. Jerome Sacks

445 F.2d 138 · Court of Appeals for the Seventh Circuit · Jul 14, 1971

It is not clearly erroneous. Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. In re Howat, 7 Cir., 278 F.2d 582, 583 . … Appellant’s argument that insolvency was not established is based solely on an allegation made by Jerome Sacks in other litigation that on October 6, 1965, appellant was not in imminent danger of insolvency, nor unable to

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.

Unity Ventures v. County Of Lake

894 F.2d 250 · Court of Appeals for the Seventh Circuit · Jan 29, 1990

Upon Lake County's timely motion, Judge Bua reconsidered the case and--basing his decision on state action immunity under antitrust law and qualified immunity from civil rights suits for damages--granted Lake County's request … Lake County faults Alter for not pursuing these additional options, but they were not clearly required by Agins. We will not demand that Alter predict with total accuracy the development of complex legal doctrines.

United Ass'n of Black Landscapers v. City of Milwaukee

916 F.2d 1261 · Court of Appeals for the Seventh Circuit · Oct 29, 1990

Rule 56 of the Federal Rules of Civil Procedure clearly requires that an adverse party set forth specific facts showing a genuine issue for trial. Posey v. … Specifically, Martin failed to show that he was qualified for the position he sought.

Rehling, Donald v. City of Chicago

Court of Appeals for the Seventh Circuit · Mar 21, 2000

It is well-established that an employer is obligated to provide a qualified individual with a reasonable accommodation, not the accommodation he would prefer. See Malabarba v. … Messino, 181 F.3d 826, 829-830 (7th Cir. 1999) (stating that the federal rules establish a presumption that relevant evidence is admissible).

Timms v. Metropolitan School District Of Wabash County

722 F.2d 1310 · Court of Appeals for the Seventh Circuit · Nov 18, 1983

It concluded that the compensatory education order, unlike damages, was prospective and therefore not barred by the state's immunity. 1 13 Similarly, it might be argued that Indiana's obligation to provide Sarah Timms a free … The Policy clearly states that for handicapped and non-handicapped children alike "School Day shall mean a minimum length of five (5) hours in grades 1 through 6, and six (6) hours in grades 7 through 12," but it does not

United States v. John Wayne Baranski

484 F.2d 556 · Court of Appeals for the Seventh Circuit · Aug 29, 1973

That is, not only does the prosecutor have to establish the deleterious effect of a defendant’s actions (or the attempt to achieve that effect), but he must also establish that the defendant knowingly acted with the purpose … Clearly, the Government had attempted to prosecute defendant Bagley for speaking.

United States Ex Rel. Uhlig v. Fluor Corp.

839 F.3d 628 · Court of Appeals for the Seventh Circuit · Oct 11, 2016

The contract language clearly provided a set of options for establishing an employee’s qualifications, and licensing was not the exclusive method for doing so. … In other words, under the con- tract, Fluor could ensure that one electrician was qualified via education, another via certification, and a third through licen- sure, so long as each was qualified.

Willie Simpson v. Janel Nickel

450 F.3d 303 · Court of Appeals for the Seventh Circuit · Jun 12, 2006

Simpson’s grievance was set out clearly enough to put the defendants on notice; no more is required. … Otherwise prison disciplinary boards could immunize guards who violate prisoners’ rights, and the act of penalizing speech would be self-vindicating.

Mary and Crystal, Cross-Appellants v. Gerard Ramsden, James Matthews, Edwin Morse, and Patricia Batterman, Cross-Appellees

635 F.2d 590 · Court of Appeals for the Seventh Circuit · Nov 24, 1980

Another instruction requested, but not given explicitly, was phrased in terms of immunity. … A portion of it said: “Before the corrections officials in this case can be denied the above instructed immunity, they must have: (1) violated a clearly established constitutional right; (2) they knew or should have known

Arnett, Dave v. CIR

Court of Appeals for the Seventh Circuit · Jan 16, 2007

Under section 911, qualified individuals may exclude, within statutory limits,1 foreign earned income from their 1 For calendar year 2001 the exclusion was limited to $78,000. 26 U.S.C. § 911(b)(2)(D)(i). … When Congress replaced the deduction for foreign earned income established by the Foreign Earned Income Act of 1978, Pub. L.

Scarver, Christopher v. Litscher, Jon

Court of Appeals for the Seventh Circuit · Jan 18, 2006

But she granted summary judgment for these defendants anyway on the ground of qualified immunity: settled law did not, she ruled, establish the unlawfulness of their behavior. … We address the merits, and will not have to consider immunity. Scarver is schizophrenic and delusional, and, unlike most schizophrenics, extremely dangerous.