Case law

Julio de Lima Silva v. State of Wisconsin, Department

Court of Appeals for the Seventh Circuit · Feb 22, 2019

Qualified immunity protects an official from money dam- ages “unless a plaintiff pleads facts showing (1) that the offi- cial violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … And if a jury draws that inference, it is of course true that Champagne’s actions would violate clearly established law.

Heller v. United States

57 F.2d 627 · Court of Appeals for the Seventh Circuit · Apr 6, 1932

We find in this no invasion of appellant’s constitutional immunity against compulsory self-inerimina1ion. The judgment is affirmed. EV AHS, Circuit Judge. … In the instant case, the evidence, aside from the accused’s statement made when seeking a return of his liquor, clearly and conclusively established his guilt.

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. Jefferey Sorensen and Dennis J. Karda

58 F.3d 1154 · Court of Appeals for the Seventh Circuit · Jun 22, 1995

Sorensen claims that the government failed to establish that he knew of his victims’ official status at the time he assaulted them. … This provision sets a base level of 15 for an offense qualifying as a “aggravated assault.” § 2A2.2(a). The section also establishes an enhancement schedule that is triggered by several aggravating factors.

Ramon Clark v. Jody Reed

Court of Appeals for the Seventh Circuit · Jun 28, 2019

Second, he ruled that Reed was entitled to qualified immunity on Clark’s retaliation claim because it was not clearly established that a threat to file a grievance was protected speech. … Qualified immunity insulates government officials from suits for damages when their conduct did not violate specifically defined federal rights that were clearly established at the time of the alleged violation.

Edith McCurry v. Kenco Logistic Services, LLC

942 F.3d 783 · Court of Appeals for the Seventh Circuit · Nov 7, 2019

promoted someone outside of the protected class who wasn’t better qualified. … That’s clearly not enough to establish significant control. See Love v.

4 Fair empl.prac.cas. 85, 4 Empl. Prac. Dec. P 7610 United States of America v. United Brotherhood of Carpenters and Joiners of America, Local 169, an Unincorporated Association

457 F.2d 210 · Court of Appeals for the Seventh Circuit · Feb 8, 1972

a cause of action under this complaint." 43 The error made by the district court is that failure to follow the Ogilvie Plan is upon this record clearly not "standing alone and in and of itself." … It clearly erred in finding, "If there was discrimination with regard to the Ogilvie Plan, the evidence showed that it was based on union versus non-union, but definitely not on race." Griggs v.

Andrew Waldrop v. Wexford Health Sources, Incorp

646 F. App'x 486 · Court of Appeals for the Seventh Circuit · May 18, 2016

Waldrop also contends that the Wexford defendants are not entitled to a defense of qualified immunity. … He points out that clearly established law prohibits the No. 15-2403 Page 8 defendants from denying insulin to a diabetic.

United States ex rel. Sage v. District Director of Immigration

82 F.2d 630 · Court of Appeals for the Seventh Circuit · Mar 19, 1936

In other words, it was the court’s position that the evidence was irrelevant because such an agreement, if established, would not have been binding on the government or effective as a valid estoppel against it. … The arrest was valid in view of the order which was clearly legal when made.

United States v. Stokes

351 F. App'x 115 · Court of Appeals for the Seventh Circuit · Nov 6, 2009

. § 851 (c), and his counsel correctly conceded at sentencing that the conviction “clearly is a felony in Illinois, and it clearly is punishable under Illinois [law] by more than one year.” … Regardless, the argument is frivolous because a drug offense need only be punishable by imprisonment for more than one year to qualify as a felony, 21 U.S.C. § 802 (44); Burgess v.

United States v. Guy F. Parker

447 F.2d 826 · Court of Appeals for the Seventh Circuit · Aug 10, 1971

The first was clearly within the scope of the direct examination. … The court excluded the offered exhibits although they would have clearly established that the omitted income was much less than 25% of the taxpayer’s gross income. 11 .

Joseph M. Conley v. Village of Bedford Park

215 F.3d 703 · Court of Appeals for the Seventh Circuit · May 31, 2000

At the same time, he appears to admit that Paul Miraldi, the maintenance worker who was promoted, was qualified for the job. See R.14 at 3. 6 Furthermore, Mr. … In Erickson , the court held that the ADA did not " 'enforce' the Fourteenth Amendment,” and therefore, like the Age Discrimination in Employment Act, did not validly abrogate Eleventh Amendment immunity. 207 F.3d at 952

Patricia Covington v. Southern Illinois University

816 F.2d 317 · Court of Appeals for the Seventh Circuit · Apr 9, 1987

We conclude that SIU’s salary retention policy qualifies as a factor other than sex. … He also possessed a degree that qualified him for tenure and promotion within the School of Music.

Stanley Berg v. The Health And Hospital Corporation Of Marion County, Indiana

865 F.2d 797 · Court of Appeals for the Seventh Circuit · Jan 20, 1989

To combat the spread of acquired immune deficiency syndrome (AIDS) in Marion County, HHC's Board of Trustees adopted General Ordinance No. 5-1985(A) (open booth ordinance) in February 1986. … Of specific danger is the sexually transmissible disease of Acquired Immune Deficiency Syndrome, which is currently found to be irreversible and uniformly fatal.

Brian Broadfield v. Brian McGrath

Court of Appeals for the Seventh Circuit · Jun 6, 2018

In determining whether qualified immunity applies, we  look to (1) whether the defendants violated a constitutional right, and (2) whether the  constitutional right was clearly established. Estate of Clark v.  … We may, however, consider defendants’ argument regarding the second step of  the qualified immunity inquiry: that no clearly established law put Inman on notice that  his actions amounted to deliberate indifference. 

United States v. Lee

558 F.3d 638 · Court of Appeals for the Seventh Circuit · Mar 11, 2009

Although the spas’ rent clearly does not qualify as “proceeds,” the question of whether the spas’ advertising expenses qualify is more difficult in light of the Supreme Court’s decision in Santos. … It is well established that circumstantial evidence is sufficient to establish membership in the conspiracy. See, e.g., United States v.

Williams, Mario v. Rodriguez, Marcelo

Court of Appeals for the Seventh Circuit · Dec 6, 2007

. § 1983, we will only address whether defendants are protected by qualified immunity if, as a threshold matter, we find that the facts, when viewed in the light most favorable to Williams, establish that Williams’s constitutional … This section clearly exempts a “vehicle which is disabled,” not a disabled driver of a vehicle as Williams argues. See id. (emphasis added). This argu- ment therefore is unavailing.

Thomas N. Moore v. United States

865 F.2d 149 · Court of Appeals for the Seventh Circuit · Feb 22, 1989

The contract was to be awarded to the lowest qualified bidder through a competitive secret bidding process. … This was the only scheme put into evidence and clearly shows a violation of 18 U.S.C. § 1341 because it demonstrates how MSD was required to pay much more than it should have.

Sebastian Duarte-Salagoza v. Eric Holder, Jr.

775 F.3d 841 · Court of Appeals for the Seventh Circuit · Dec 30, 2014

On appeal, the Board held that Duarte’s asylum petition failed as it neither met the statutory filing deadline nor established that he qualified for an exception due to “changed circumstances.” … Here, the record establishes that Duarte failed to raise expressly the issue of CAT protection to either the IJ or to the Board.

United States v. Raymond Sawyer

607 F.2d 1190 · Court of Appeals for the Seventh Circuit · Aug 16, 1979

In Oates , the Second Circuit found “[a] clear congressional intent that reports not qualifying under FRE 803(8)(B) or (C) should, and would, be inadmissible against defendants in criminal cases.” 560 F.2d at 72 . … Ming, 466 F.2d 1000, 1005 (7th Cir. 1972), “[i]t has been clearly established that late filing and late tax payment are immaterial on the issue of willfulness in a Section 7203 prosecution.”