Case law

Cesar O. Garcia v. Dan Cromwell

28 F.4th 764 · Court of Appeals for the Seventh Circuit · Mar 11, 2022

The judge reasoned that the pleading re- quirement announced in Romero-Georgana was not clearly established under Wisconsin law and, in any event, was too enmeshed with the merits of the Strickland ineffectiveness inquiry … To adequately allege that ineffective assistance of postconvic- tion counsel qualifies as a “sufficient reason” to excuse a procedural default, a prisoner must allege why the claims he now wants to raise are “clearly stronger

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

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.

Terez Cook v. Brian Foster

Court of Appeals for the Seventh Circuit · Jan 29, 2020

AEDPA), a federal court is not authorized to issue a writ of habeas corpus on a claim rejected by a state court on the merits unless the state‐court decision was “contrary to, or involved an unreasonable application of, clearly … He never established that Babic had not been charged but could be. Whether or not there was a formal immunity agreement, that would have been powerful impeachment evidence. See Youngblood v.

United States v. Hynes

20 F.3d 1437 · Court of Appeals for the Seventh Circuit · Apr 5, 1994

Maryland, 4 Wheat. 316 , 4 L.Ed. 579 (1819), which established the principle that the property, functions, and instrumentalities of the Federal Government are immune from taxation by its constituent parts. … The sole basis for the foregoing discussion of federal sovereign immunity and intergovernmental tax immunity together was the establishment of this proposition.

Giddings & Lewis, Inc. v. National Labor Relations Board

675 F.2d 926 · Court of Appeals for the Seventh Circuit · Apr 19, 1982

Next, employees currently working in another job classification, but within the division in which the opening occurred, who are qualified to perform the work or are capable of becoming qualified “with a reasonable period … The Court found this system to be invalid, emphasizing that the system clearly discriminated against strikers in favor of non-strikers and was, therefore, specifically prohibited by the Act.

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.

Smith, Derek A. v. Ball State Universit

295 F.3d 763 · Court of Appeals for the Seventh Circuit · Jul 8, 2002

a constitutional violation and that, if he did, the officers were entitled to qualified immunity. … Cabrera, 58 F.3d 290, 293 (7th Cir. 1995) (focusing upon whether an officers’ mistaken belief that probable cause existed was reasonable in the qualified immunity context).

United States v. Shanin Moshiri

858 F.3d 1077 · Court of Appeals for the Seventh Circuit · Jun 5, 2017

Moshiri requested a severance, waived his right to a jury trial, and proceeded to a bench trial, during which the following facts were established. … In sum, Moshiri’s knowledge of the statute’s prohibitions, the lack of work performed under the contract, and his statements to Puorro and Agent Jamrosz clearly provided a sufficient basis for the district court to find that

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.

United States v. Cortez C. Guyton

36 F.3d 655 · Court of Appeals for the Seventh Circuit · Sep 26, 1994

He maintains that since he was not charged with a firearms offense, the admission of this *660 testimony was irrelevant in establishing his conviction for conspiracy. … To the extent, then, that the district court treated these two substances the same in calculating the amount of crack cocaine involved in the Guyton conspiracy, this was clearly inappropriate.

Barmes v. Commissioner

12 F. App'x 415 · Court of Appeals for the Seventh Circuit · Jun 19, 2001

Additionally, the Barmeses did not establish the respective percentages of personal and business use for the vehicles. Mr. … The Tax Court’s determination that the damage to the pond did not constitute a casualty was not clearly erroneous.

Mary L. Brockman, as Administrator of the Estate of Selma N. Donahoe v. Commissioner of Internal Revenue

903 F.2d 518 · Court of Appeals for the Seventh Circuit · Jun 5, 1990

In practical terms, if we were to adopt the rationale of the tax court, we would give our stamp of approval to scenarios that clearly conflict with the purpose of Section 2032A. … Some of the precedents in which lessors did not establish a qualified use have involved lessors who were either retired or who were full-time employees elsewhere and whose only connection to farming arose from involvement

Terez Cook v. Brian Foster

Court of Appeals for the Seventh Circuit · Jan 29, 2020

AEDPA), a federal court is not authorized to issue a writ of habeas corpus on a claim rejected by a state court on the merits unless the state‐court decision was “contrary to, or involved an unreasonable application of, clearly … He never established that Babic had not been charged but could be. Whether or not there was a formal immunity agreement, that would have been powerful impeachment evidence. See Youngblood v.

Williams v. Seniff

342 F.3d 774 · Court of Appeals for the Seventh Circuit · Aug 20, 2003

In Gorence , we did qualify this principle by noting that those who provide input into the decision can under some circumstances provide evidence of discriminatory intent. See id. … See id. at 20-21. 10 The district court treated the individual capacity claims against the Merit Board members under a quasi-judicial absolute immunity analysis and concluded that they were entitled to absolute immunity for

Kathy Van Houdnos v. Robert Evans

807 F.2d 648 · Court of Appeals for the Seventh Circuit · Dec 12, 1986

He clearly acted under color of state law in that capacity with respect to plaintiff. … The district judge here was clearly presented with that quantum of evidence.

United States v. Gilberto Gonzalez-Gomez, True Name: Gilberto Gamez-Viveros

21 F.3d 431 · Court of Appeals for the Seventh Circuit · Mar 28, 1994

As amended, Sec. 3E1.1 provides: 4 a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels. 5 b) If the defendant qualifies for a decrease under subsection … his entitlement to the additional one-level reduction was not clearly erroneous.

United States v. Wayne Earl Ellison

557 F.2d 128 · Court of Appeals for the Seventh Circuit · Jun 29, 1977

Ellison does not challenge the district court’s findings as clearly erroneous, and we do not believe that they are. … In view thereof, we deem Ellison’s implied-promise-of-immunity argument patently frivolous and hold that his extrajudicial admissions were properly used against him at trial. II.

Estate of Tavaris McGuire v. Jeramie Dodd

Court of Appeals for the Seventh Circuit · Jun 15, 2022

This class includes the “denial of a claim of qualified immunity,” Mitchell v. … McGuire’s clearly established constitutional or statutory rights.

Mary Ann Carter RENNIE, Plaintiff-Appellant, v. H. Lawrence GARRETT III, Secretary of the Navy, Defendant-Appellee

896 F.2d 1057 · Court of Appeals for the Seventh Circuit · Feb 26, 1990

When Sims was decided, no other circuit court had explicitly considered sovereign immunity concerns in construing Title VII’s time limits. … This treatment is consistent with the provisions of 28 U.S.C. § 1653 that specifically authorize a complaint to be amended to establish federal jurisdiction. 4 .