Case law

Instant Technology LLC v. Elizabeth DeFazio

793 F.3d 748 · Court of Appeals for the Seventh Circuit · Jul 14, 2015

Instant  did  keep  data  about  qualified  IT  workers   and   maintained   lists   of   candidates   likely   to   hit   the   market   soon.   … But   the   letter   does   not   say   that,   and   DeFazio   has   not   established   its   meaning   with   other   evi-­‐‑ dence.  

Alfredo Miranda v. County of Lake

Court of Appeals for the Seventh Circuit · Aug 10, 2018

Because it was not clearly established who, beyond the booking officer, had a duty to inform Gomes of her consular rights, the County defendants are entitled to qualified immunity. … They are not, however, entitled to qualified immunity. Petties v. Carter, 836 F.3d 722, 734 (7th Cir. 2016) (en banc).

Auto-Owners (Mutual) Insurance Company v. L.P. Cavett Company and L.P. Cavett Company of Indiana, Inc.

882 F.2d 1111 · Court of Appeals for the Seventh Circuit · Aug 15, 1989

However, the claims brought against Cavett do not fall within the scope of the act because Cavett clearly was not Lester’s employer. 3 Instead, Lester’s state court claims “arise under” Indiana tort law rather than any provision … Ins. , Ass’n of Indianapolis, 303 F.2d 897 , 898 (7th Cir.1962) (decided under Illinois law and reaffirming principles established in Michigan Mutual and American Fidelity).

Patrick Souter and Hope Souter v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 72

993 F.2d 595 · Court of Appeals for the Seventh Circuit · May 11, 1993

According to the agreement, whether an apprentice qualified as “temporary” or “permanent” depended on his or her likelihood of being “laid off with no prospect for return to the program at Kenosha.” Rusk Dep. Ex. 7. … After the district court’s decision, Souter brought a motion to amend or alter the judgment pursuant to Federal Rule of Civil Procedure 59(e), which authorizes relief when a moving party “clearly establishes] either a manifest

Mid America Title Company v. James F. Kirk

991 F.2d 417 · Court of Appeals for the Seventh Circuit · May 28, 1993

See Feist, — U.S. at -, 111 S.Ct. at 1292-93 . 7 However, the Amended Complaint also states clearly that the claim is for protection of “a compilation of factual information, original with Mid America.” Am. … The Court noted that it had no occasion to consider whether the claims of qualified immunity from trial itself might require a heightened pleading standard. Leatherman , — U.S. at -, 113 S.Ct. at 1162 . 11 .

Indiana Protection & Advocacy Services v. Indiana Family & Social Services Administration

603 F.3d 365 · Court of Appeals for the Seventh Circuit · Apr 22, 2010

First, a state may waive immunity by consenting to suit in federal court. … Moreover, Congress clearly intended the protection and advocacy systems — all of them—to be able to respond quickly to threats of imminent harm to their constituents.

Equal Employment Opportunity Commission v. Kenosha Unified School District No. 1

620 F.2d 1220 · Court of Appeals for the Seventh Circuit · Apr 29, 1980

The qualified immunity accorded Government officers acting in good faith similarly protects the Commission attorneys from having to pay the award without reimbursement from the United States. Scheuer v. … paying wages to em *1223 ployees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal

Socialist Workers Party, Cross-Appellants v. Joseph Grubisic, and Bernard Carey, Deponent-Appellant, Cross-Appellee

619 F.2d 641 · Court of Appeals for the Seventh Circuit · Apr 15, 1980

. * * * * * * The evidence has clearly shown that the Security Section of the Chicago Police Department assaulted the fundamental freedoms of speech, association, press and religion, as well as the constitutional right to … Privileged matter is immune from discovery under Fed.R.Civ.P. 26(b)(1). 3 .

Adams v. Alverno Clinical Laboratories, Inc.

121 F. App'x 151 · Court of Appeals for the Seventh Circuit · Jan 20, 2005

One of these employees had a disciplinary infraction on her record, and thus would probably not have qualified for retention under the RIF guidelines, but the other clearly would have been retained if Stablein had been terminated … Adams’ own evidence clearly establishes that exempting Stablein from the RIF did not adversely affect her or any other employee belonging to a protected class.

United States v. Dale J. Doerr, John Paul Doerr, Josephine Christofalos, Christa D. Pixley, and Archie J. Pixley

886 F.2d 944 · Court of Appeals for the Seventh Circuit · Oct 3, 1989

The government clearly presented sufficient evidence to support Dale Doerr’s conviction. … Under these circumstances, the jurors’ inability to continue was clearly evident to the court.

United States v. White

519 F.3d 342 · Court of Appeals for the Seventh Circuit · Mar 5, 2008

Relevant conduct must be established by a preponderance of the evidence. United States v. Johnson, 342 F.3d 731, 734 (7th Cir.2003). … We have no basis whatsoever to say its findings are clearly erroneous.

Dr. Rosario C. Pesce v. J. Sterling Morton High School, District 201, Cook County, Il

830 F.2d 789 · Court of Appeals for the Seventh Circuit · Nov 2, 1987

The Reporting Act also grants immunity to everyone who reports in good faith under the Act: Any person ... under this Act, participating in good faith in the making of a report ... shall have immunity from any liability, … This latter state of affairs convinces us that Pesce has not stated a violation of substantive due process because he has not alleged that the state has imposed on him clearly inconsistent demands that leave him no safe harbor

Illinois ex rel. Illinois Department of Public Aid v. Sullivan

919 F.2d 428 · Court of Appeals for the Seventh Circuit · Nov 27, 1990

Although Congress clearly limited the availability of FFP for services provided in prisons, see Pub.L. … The record quite clearly establishes that the JRCs fall in a gray area that cannot be characterized as a prison or as a community-based institution providing social services.

Evans v. City of Chicago

513 F.3d 735 · Court of Appeals for the Seventh Circuit · Jan 23, 2008

In 2006, we affirmed the district court’s denial of the police officer defendants’ motion for summary judgment based on their claim of qualified immunity. Evans v. Katalinic, 445 F.3d 953 (7th Cir.2006). … The case was then stayed until May 1 during the qualified immunity appeal.

United States v. Kenyon Walton

763 F.3d 655 · Court of Appeals for the Seventh Circuit · Aug 13, 2014

Again, we noted that the defendant had failed to establish he was authorized to drive the vehicle. … Reichert, 744 F.3d 999, 1002 (7th Cir. 2014) (affirming denial of qualified immunity 24 No. 14-1177 to suppress is REVERSED, and we REMAND for further proceedings

Dovel v. United States

299 F. 948 · Court of Appeals for the Seventh Circuit · Jun 18, 1924

There was, moreover, an utter absence of evidence showing or tending to show that any affidavit, by one qualified to speak was ever made. Upon this affidavit the validity of the warrant was solely dependent. … There was no proof of the contents or the recitals of the warrant, and therefore there was a failure to establish the existence of a valid search warrant. The judgment is reversed, and a new trial is ordered.

Reed v. Manteno School District No. 5

59 F. App'x 868 · Court of Appeals for the Seventh Circuit · Feb 26, 2003

applicants’ qualifications do “not constitute evidence of pretext ‘unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly … better qualified for the position at issue.’ ” Millbrook v.

Melvin Nickerson and Naomi W. Nickerson v. Commissioner of Internal Revenue

700 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 22, 1983

The sole issue presented for our review is whether the tax court’s finding regarding petitioners’ motivation was clearly erroneous. I. … Accordingly, we hold that the tax court’s finding was clearly erroneous and Reverse. 1 .

Empress Casino Joliet Corp. v. Blagojevich

638 F.3d 519 · Court of Appeals for the Seventh Circuit · Mar 2, 2011

The doctrine of legislative immunity is well-established by Supreme Court and circuit precedent; state and local officials are absolutely immune from federal suit for personal damages for their legitimate legislative activities … One can imagine the Supreme Court of Illinois, given its skepticism about granting a governor legislative immunity, holding that a governor has only a qualified immunity for his legislative acts—an immunity that would not

Donald Maier v. Judy Smith

912 F.3d 1064 · Court of Appeals for the Seventh Circuit · Jan 11, 2019

Because the Supreme Court has not definitively answered the ques- tion, Wisconsin’s interpretation of that doctrine is not con- trary to or an unreasonable application of clearly established Federal law. C. … Maier failed to demonstrate that his conviction under the stalking statute was contrary to, or involved an unreason- able application of, clearly established Federal law.