Case law

Evanston Community Consolidated School District No. 65 v. Michael M.

356 F.3d 798 · Court of Appeals for the Seventh Circuit · Feb 2, 2004

Compensatory services are well-established as a remedy under the IDEA. In Board of Education of Oak Park & River Forest High School District 200 v. … A FAPE, surely, is an education provided by qualified personnel. In fact, specifically as to occupational therapy, 34 C.F.R. § 300.24 (b)(5)(I) refers to “services provided by a qualified occupational therapist.”

William T. Killman v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Sahara Coal Trust

415 F.3d 716 · Court of Appeals for the Seventh Circuit · Jul 19, 2005

Because the earlier decision had established that Killman was suffering from pneumoconiosis, this ALJ determined that Killman would have to “establish a material , change in condition with respect to disability.” … Cohen’s opinion in the face of the assessment of the other three and the fact that none of the medical tests produced results that clearly qualified Killman as disabled under 20 C.F.R. § 718.204 (b)(2)(i), (ii).

Casey Hunter v. Timothy Muehler

Court of Appeals for the Seventh Circuit · May 26, 2016

The district  court granted summary judgment for Muehler on the ground of qualified immunity,  and Hunter appeals.    The background facts are straightforward.  … Muehler characterized this  defense as resting on the doctrine of qualified immunity, but effectively he was arguing  that his use of force had not violated Hunter’s rights under the Fourth Amendment.  See Tennessee v. 

Jermaine Davis v. Stephen Dahlkamp

Court of Appeals for the Seventh Circuit · Apr 28, 2022

In such a case, the officers are entitled to qualified immunity unless the plaintiff can show that they violated “clearly established law.” Gaddis v. … Finally, the district court erred by denying qualified immunity to VonBehren for restricting Davis’s phone access in jail.

Clay v. Fort Wayne Community Schools

76 F.3d 873 · Court of Appeals for the Seventh Circuit · Feb 16, 1996

Therefore, the adult plaintiffs in their individual capacities are not qualified to bring an appeal on behalf of the student class. … Appellants' inability to establish standing rests squarely on one false proposition alleged by Appellants: the plaintiffs "have a Constitutional right to have a Black person considered for the Office of Superintendent of

United States v. David Foley

740 F.3d 1079 · Court of Appeals for the Seventh Circuit · Jan 22, 2014

The Mugan court clearly did not go that far, however. … Foley apparently concedes that his molestation of Minor Male B qualified as a “sexual assault” under this definition.

In Re: Sandra Ann Chambers, Debtor-Appellee, Appeal Of: Sylvia Manning, Not Individually, but in Her Capacity as Chancellor of the University of Illinois at Chicago

348 F.3d 650 · Court of Appeals for the Seventh Circuit · Nov 4, 2003

Id. 23 The court then determined that, in both of the cases involved in the consolidated appeal, the colleges could establish nothing more than failure to pay a bill when due. … This case does not confront the abrogation of sovereign immunity issue addressed in Hood v. Tennessee Student Assistance Corp. (In re Hood), 319 F.3d 755 (6th Cir.), cert. granted, 2003 WL 21134036 (U.S.

Terence Tribble v. Nicholas Evangel

670 F.3d 753 · Court of Appeals for the Seventh Circuit · Jan 26, 2012

This elicited a slew of objections, including that the question was leading, called for speculation, and that Ebersole was not qualified to make a statistical judgment. … But silence about the obvious implication of her testimony should not have immunized it from scrutiny under FRE 702.

Airadigm Comm Inc v. FCC

Court of Appeals for the Seventh Circuit · Mar 12, 2008

In Penrod, the plan clearly “dealt with” the bank’s liens in the hogs. … See Deutsche Bank, 416 F.2d at 142 (noting that “potential for abuse is heightened when releases afford blanket immunity”). This is not “blanket immunity” for all times, all transgressions, and all omissions.

Billish v. City of Chicago

962 F.2d 1269 · Court of Appeals for the Seventh Circuit · May 4, 1992

Plaintiffs raised this on appeal as an "Issue for Review,” but failed to make any argument to this court other than a brief comment in a footnote to their brief that the grant of qualified immunity was “premature.” … Even if the issue were properly briefed, we would not reach it because our disposition of the merits of the case renders moot any question of qualified immunity. . See Chicago Fire Fighters Union Local No. 2 v.

Sandoval v. Northeast Illinois Regional Commuter Railroad

21 F. App'x 492 · Court of Appeals for the Seventh Circuit · Oct 23, 2001

This court has interpreted Rodriguez as requiring the plaintiff to establish that “he frequently trespassed on the track” to qualify under Illinois law as a “permissive user.” Reid, 157 F.3d at 1111 . … facts establish that the trespass was not in a limited area.

United States v. John M. Murphy

768 F.2d 1518 · Court of Appeals for the Seventh Circuit · Sep 27, 1985

instruction to the jury that “informal immunity” is unlawful. … The behavior at traffic court established overt acts of the conspiracy.

Luke Dallis v. Don Cunningham and Associates and Don Cunningham, Individually

11 F.3d 713 · Court of Appeals for the Seventh Circuit · Dec 8, 1993

The jury found in Dallis’ favor on this issue and we must now consider whether there was a reasonable basis in the evidence for that verdict. *716 The law in this area is clearly established and uncontested by the parties … This privilege, however, is a qualified one.

Gina PIRAINO, Plaintiff-Appellant, v. INTERNATIONAL ORIENTATION RESOURCES, INC., Defendant-Appellee

137 F.3d 987 · Court of Appeals for the Seventh Circuit · Mar 3, 1998

IOR had no reason to believe that Piraino was qualified to assume the dual role of trainer and marketer. … In short, the fact that the person who prompted IOR to establish a leave of absence policy for employees with less than a year of experience happened to be pregnant does not establish discrimination.

United States v. Byran Protho

41 F.4th 812 · Court of Appeals for the Seventh Circuit · Jul 20, 2022

For these reasons, we hold that the district court did not clearly err in denying Protho’s Batson challenge to Juror 16. … In short, the district court did not clearly err in handling either of Protho’s Batson challenges.

Daniel Simcox v. Board of Education of Lockport Township High School, District No. 205, Will County, Illinois

443 F.2d 40 · Court of Appeals for the Seventh Circuit · May 12, 1971

The constitutional principles asserted in this case are well established. … The evidence quite clearly reveals the following background facts.

United States v. Garner

837 F.2d 1404 · Court of Appeals for the Seventh Circuit · Dec 29, 1987

Many of these witnesses testified under a grant of immunity. … They claim that many of the contractors were biased because of plea bargain or immunity agreements with the government.

Gary Parola, an Individual Monterey City Disposal Service, Inc. v. Caspar Weinberger, as Secretary of the Department of Defense John Lehman, as Secretary of the Department of the Army Robert H. Shumaker, Commodore, U.S.N., Commanding Officer of the Naval Postgraduate School, Monterey, California Major General William H. Harrison, Commander, Seventh Infantry, Fort Ord, California United States of America v. City of Monterey

848 F.2d 956 · Court of Appeals for the Seventh Circuit · Jun 1, 1988

Silvex Corp., 606 F.Supp. 159 (M.D.Fla.1985) (RCRA Sec. 6001 does not waive sovereign immunity for civil damages penalty). … Permits and reporting duties are means of implementing environmental standards, and are clearly state "requirements." An exclusive garbage collection system is more like a permit requirement than a criminal sanction.

Pime v. Loyola University of Chicago

803 F.2d 351 · Court of Appeals for the Seventh Circuit · Oct 16, 1986

The order has been characterized by interest and particular energy in the promotion of education, and has established twenty-eight universities in the United States. … Therefore, Loyola qualifies for the [BFOQ] exemption____ The finding is not clearly erroneous. The judgment appealed from is Affirmed. .

United States v. Frank Nick Zizzo, Alexander Stasnick, Hugo A. Lazzareschi and Walterwojciechowski

338 F.2d 577 · Court of Appeals for the Seventh Circuit · Dec 16, 1964

They urge that the statute, if construed broadly, constitutes an exercise of power not delegated to the United States, and violates the privileges and immunities of the citizens of the states and of the United States. … Bass and his employees travelled to and from their homes in Tennessee to the gambling establishment in Arkansas.