Case law

Ind. Prot. and Adv. Servs. v. Ind. Family and Soc.

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

First, a state may waive immunity by con- senting 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.

United States v. William Julius

14 F.4th 752 · Court of Appeals for the Seventh Circuit · Sep 24, 2021

Julius was “clearly intoxicated” but could walk and carry on a coherent conversation. … Julius has the bur- den of establishing all four elements, yet he concedes he can- not satisfy the third element.

Hegna, Edwena A. v. Islamic Republic

380 F.3d 1000 · Court of Appeals for the Seventh Circuit · Aug 11, 2004

Background In 1996, as part of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Congress amended the Federal Sovereign Immunities Act (“FSIA”) to create an exception to sovereign immunity for state-sponsored … The Claims Tribunal was established on July 1, 1981 by the Algiers Accords, an international agreement comprised by five documents.

Director, Office Of Workers' Compensation Programs, United States Department Of Labor, Petitioner, v. Forsyth Energy, Inc.

666 F.2d 1104 · Court of Appeals for the Seventh Circuit · Dec 11, 1981

We do not believe Congress intended this purposeless result. 19 As stated previously, the Act mandates that operators carry insurance or qualify as a self-insurer for those claims they might be liable for. … Sections 435, 422, and 423, when read together, appear to establish a mandate requiring operators to insure section 435 claims. Further, 20 C.F.R. § 727.105 clearly imposes liability on operators for these claims.

Citizens Marine National Bank v. United States Department of Commerce, Economic Development Administration

854 F.2d 223 · Court of Appeals for the Seventh Circuit · Aug 8, 1988

The statute under which the bank sued the government lifts the bar of sovereign immunity only for the Secretary of Commerce, and not for the other federal defendants. … But the evidence overwhelmingly established that this undemanding standard was satisfied, and the district court’s (unexplained) disagreement with this conclusion we deem clearly erroneous.

United States v. Alfonso Garcia, Also Known as Jose L. Garcia, Also Known as Quata

69 F.3d 810 · Court of Appeals for the Seventh Circuit · Nov 3, 1995

Garcia and Orozco that had occurred over an eighteen-month period prior to August 31,1993 did not qualify as relevant conduct. … Garcia’s ruse been successful through sentencing, the government further explains, he would have qualified for a criminal history category of I rather than of III.

Simpson, Willie C. v. Nickel, Janel

Court of Appeals for the Seventh Circuit · Jun 12, 2006

Simpson’s griev- ance was set out clearly enough to put the defendants on notice; no more is required. … Otherwise prison disciplinary boards could immunize guards who violate prisoners’ rights, and the act of penalizing speech would be self-vindicating.

Cornelius v. LaCroix

838 F.2d 207 · Court of Appeals for the Seventh Circuit · Jan 14, 1988

By use of a disclaimer, the District specifically and clearly rejected any notion that inclusion in the listing constituted acknowledgment by the District of MBE status. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Bajramoski v. Holder

351 F. App'x 133 · Court of Appeals for the Seventh Circuit · Nov 10, 2009

In order to qualify for asylum, an applicant has the burden of establishing that he is a refugee, 8 U.S.C. § 1158 (b)(1), which is defined as an individual who is unable or unwilling to return to his home country because … He asserts that at his removal hearing he “clearly and credibly explained how he feared returning to Macedonia,” Pet.

Miami Nation Indians v. DOI

Court of Appeals for the Seventh Circuit · Jun 15, 2001

Congress has passed a number of statutes granting various benefits and immunities to Indian tribes, provided they are recognized by the federal government. … This is clearly incorrect, see 25 U.S.C. sec.sec. 2, 9; James v. HHS, 824 F.2d 1132, 1137 (D.C. Cir. 1987); Western Shoshone Business Council v.

Argento v. Village of Melrose Park

838 F.2d 1483 · Court of Appeals for the Seventh Circuit · Jan 27, 1988

Act (hereinafter “Tort Immunity Act”). … Illinois law, however, is clearly to the contrary.

Bruce Carneil Webster v. Charles A. Daniels

784 F.3d 1123 · Court of Appeals for the Seventh Circuit · May 1, 2015

Because it is a fac *1132 tual finding, we adopt the clearly erroneous standard. The government presented substantial evidence to support the finding. … The tests and estimates from the Social Security Administration records, however, were immune from that argument about manipulation. Webster scored 59 on Dr. Hackett’s test; Dr.

Dorothy Gautreaux v. Chicago Housing Authority and Terry Peterson v. Daniel E. Levin and the Habitat Company Llc, Receivers-Appellees

491 F.3d 649 · Court of Appeals for the Seventh Circuit · Aug 6, 2007

Either an enforceable judgment on the merits or a settlement agreement enforced through a consent decree may qualify as the necessary court-ordered change. … City of Chicago, 10 F.3d 474 (7th Cir.1993) (en banc), the rates established there are legitimate evidence as to whether these rates are reasonable.

Maureen Reynolds v. United States

Court of Appeals for the Seventh Circuit · Dec 9, 2008

First, the court concluded that the actions of Lambert and Fullerton were “clearly discretionary” under 28 U.S.C. § 2680(a) because “the decisions they made and the actions they took were tied to their own view of what public … In order to prevail on a claim of malicious prosecution in Indiana, a plaintiff must establish that the defendant, acting with malice and without probable cause, instituted or caused to be instituted a prosecution that terminated

Beth Lavallee v. Med-1 Solutions, LLC

932 F.3d 1049 · Court of Appeals for the Seventh Circuit · Aug 8, 2019

As we’ve just explained, to qualify as a “communication” under the Act, a message must “convey[] … information regarding a debt.” Id. … Credit Control, LLC, 871 F.3d 1255 (11th Cir. 2017), sup- ports its position that a message can qualify as a communi- cation without mentioning a debt.

Israel Ruiz v. J.B. Pritzker

Court of Appeals for the Seventh Circuit · Dec 23, 2025

The Prisoner Review Board chair did not claim sovereign immunity. … The legitimacy of ensuring finality for victims is well- established. Calderon v.

United States v. Sandoval, Hector

Court of Appeals for the Seventh Circuit · Oct 20, 2003

Guadalajara, the witness’s interpreter, was “otherwise qualified” and was on the court’s list as an approved interpreter. (Tr. 385). The transcript reveals that the district court judge specifically found Mr. … However, if an indictment has not been challenged at the trial level, it is immune from attack unless it is so obviously defective as not to charge the offense by any reasonable construction. Id.

United States v. Ellis, Bernard

622 F.3d 784 · Court of Appeals for the Seventh Circuit · Sep 17, 2010

This evidence, we held, established an interruption in the defendant’s possession of the shotgun sufficient to establish two separate crimes and therefore permit more than one punishment for distinct acts of pos- sessing … C ODE § 35-45-2-1 24 Nos. 08-2512, 08-2443 & 08-4055 qualifies as a third violent felony.

Carol Elaine Williams, by Her Mother and Next Friend, Marcia Williams v. St. Joseph Hospital

629 F.2d 448 · Court of Appeals for the Seventh Circuit · Jul 15, 1980

But as clearly explained in the acute analysis set forth by Judge (now Mr. Justice) John Paul Stevens, speaking for this Court in Dombrowski v. Dowling, 459 F.2d 190, 194-96 (C.A.7, 1972); and Cohen v. … Of course an individual doctor could unilaterally establish his own individual policy to eschew dealing with troublesome patients, under Colgate.

George A. Lloyd and Janet B. Wolfe, Etc. v. The Regional Transportation Authority and the Chicago Transit Authority

548 F.2d 1277 · Court of Appeals for the Seventh Circuit · Jan 18, 1977

Moreover § 84.4(b)(2) establishes that “A recipient may not provide different or separate aid, benefits or services to handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, … As demonstrated above, Section 504 establishes affirmative private rights.