Case law

Anna Mustafa v. City of Chicago

442 F.3d 544 · Court of Appeals for the Seventh Circuit · Mar 23, 2006

The defendants were protected by qualified immunity. … Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate dearly established statutory or constitutional rights that a reasonable person would know

White v. Gerardot

509 F.3d 829 · Court of Appeals for the Seventh Circuit · Dec 5, 2007

It is well established, of course, that a denial of qualified immunity is only appealable “to the extent that it turns on an issue of law.” Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 . … Detective Gerardot claims that he is entitled to qualified immunity because his use of deadly force did not violate Ford’s constitutional rights and, in any event, those rights were not clearly established at the time of

Comsys Incorporated v. Frank Pacetti

893 F.3d 468 · Court of Appeals for the Seventh Circuit · Jun 20, 2018

Clearly established law does not tell us what expectation of privacy a contractor has in such a situation, which means that the appellants are entitled to qualified immunity. … Qualified immunity protects public employees who do not violate clearly established law.

Fleming v. Livingston County, Ill.

674 F.3d 874 · Court of Appeals for the Seventh Circuit · Mar 28, 2012

Qualified Immunity The question of whether Turner actually had probable cause to arrest Fleming is separate from the question relating to qualified immunity.3 “Qualified immunity 3 Fleming asserts that “the court’s … immunity defense.5 As we have stated before, “[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

Robert O’CONNOR, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, Walter H. Clark, Robert E. Paaswell, Et Al., Defendants-Appellees

985 F.2d 1362 · Court of Appeals for the Seventh Circuit · Feb 12, 1993

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … It is the plaintiff who bears the burden of establishing the existence of the allegedly clearly established constitutional right.

Cynthia Archer v. John Chisholm

870 F.3d 603 · Court of Appeals for the Seventh Circuit · Aug 29, 2017

It  granted  the  Investigators’  motion  for  judgment  on  the  pleadings on qualified immunity grounds and noted that the  Prosecutors also were entitled to qualified immunity.  …  right that was clearly established at the time of  the challenged conduct.” 

Michael M. Gorman v. Renault Robinson, George C. Cramer, and William T. Salem

977 F.2d 350 · Court of Appeals for the Seventh Circuit · Oct 9, 1992

In a motion for summary judgment, the defendants argued that the doctrine of qualified immunity shielded them from suit. … The Supreme Court has made clear that qualified immunity is an immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 529 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985).

Jenny Wernsing, Charles Bingaman and Troy Cannon v. Odell Thompson, Jr.

423 F.3d 732 · Court of Appeals for the Seventh Circuit · Sep 9, 2005

The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified

William J. Benson v. William J. Scott and Herbert Caplan

734 F.2d 1181 · Court of Appeals for the Seventh Circuit · Jul 2, 1984

the state, violated clearly established procedures of which a reasonable person should have been aware. … As we noted above, Harlow dictates that a claim of qualified immunity by an executive official must be sustained if the official’s conduct “does not violate clearly established statutory or constitutional rights of which

Keller v. Elyea

496 F. App'x 665 · Court of Appeals for the Seventh Circuit · Nov 21, 2012

Elyea was entitled to qualified immunity. He argues that he had a clearly established constitutional right to have his medical conditions addressed, and that his letters sufficed to establish Dr. … The district court indeed viewed this issue through too narrow a lens: there need not be a case “on all fours,” with identical facts, in order for a constitutional right to be clearly established for the purposes of qualified

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

clearly established statutory or constitutional rights of which a reasonable person would have known." … immunity when probable cause is at issue is clearly erroneous and not de novo.

Baxter v. Vigo County School Corporation

26 F.3d 728 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

By now, it is well established that certain government officials enjoy a qualified immunity from suit. … To determine the applicability of qualified immunity, the defendants' actions must be compared to what a reasonable official would believe was required in light of the clearly established legal rules.... 27 Casteel v.

Thomas Patrick Walsh v. Nicholas Mellas and Harry Martin

837 F.2d 789 · Court of Appeals for the Seventh Circuit · Jan 21, 1988

It was not “plain error” for the district court to deny Mellas and Martin qualified immunity. … Defendants’ delay in pursuing the qualified immunity issue has frustrated these important goals.

McAllister v. Price

615 F.3d 877 · Court of Appeals for the Seventh Circuit · Aug 12, 2010

No. 10-1213 7 The doctrine of qualified immunity protects govern- ment officials from liability for civil damages when their conduct does not violate clearly established … established Fourth Amendment rights and thus deprives the defendant of qualified immunity.

Werner v. Wall

836 F.3d 751 · Court of Appeals for the Seventh Circuit · Sep 1, 2016

Werner’s Eighth Amendment and due process claims for damages against the individual defendants were barred by qualified immunity because it was not clearly established at the time that AD 02-10 violated the constitutional … Because clearly established law at the time would not have notified the defendants in this case that the procedures set forth in AD 02-10 were unlawful, we conclude that they are entitled to qualified immunity on Mr.

Cindy Abbott v. Sangamon County

705 F.3d 706 · Court of Appeals for the Seventh Circuit · Jan 29, 2013

Governmental actors performing discretionary func- tions are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … immunity on Travis’s excessive-force claim because he did not violate clearly established law.

Albert Flenner and William Glover v. Michael F. Sheahan

107 F.3d 459 · Court of Appeals for the Seventh Circuit · Feb 12, 1997

The district court granted his motion, holding that Sheriff Sheahan was entitled to qualified immunity because the law concerning patronage dismissal of corree 1 tional officers was not clearly established in 1993, the time … “The defense of qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Vose v. Kliment

506 F.3d 565 · Court of Appeals for the Seventh Circuit · Oct 26, 2007

Kliment and Rouse moved to dismiss the case, asserting that they were entitled to qualified immunity against Vose’s claims because the applicable law on the rights of government employees to speak out was not clearly established … Secondly, they claim that the rights Vose alleges were violated were not clearly established at the time of the relevant events. To determine whether an official is entitled to qualified immunity, we look to two issues.

Davis v. Chalstrom

595 F. App'x 627 · Court of Appeals for the Seventh Circuit · Dec 23, 2014

Chal-strom has taken an interlocutory appeal, contending that he deserves qualified immunity. … Then the purely legal question for the court would be simply whether Chastrom walked on Davis’s curtilage in a way that violated clearly established law.

Marcus Torry v. City of Chicago

932 F.3d 579 · Court of Appeals for the Seventh Circuit · Aug 2, 2019

In any event, the court said, the officers were entitled to qualified immunity because the stop did not violate clearly established law. … Qualified immunity protects government officials from li- ability for civil damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known