Case law

Robert Hennings v. Harry Grafton, in Capacity as County Clerk

523 F.2d 861 · Court of Appeals for the Seventh Circuit · Nov 11, 1975

The District Court made a number of findings of fact, which we hold are not clearly erroneous. … The starting point for analysis is a recognition that the Constitution protects the right of all qualified citizens to vote in state and federal elections, Reynolds v.

Sandor Demkovich v. St. Andrew the Apostle Parish

973 F.3d 718 · Court of Appeals for the Seventh Circuit · Aug 31, 2020

The First Amend- ment does not require complete immunity from the some- times horrific abuse that defendants’ bright-line rule would protect. … The ministe- rial exception does not confer general immunity from a min- ister’s tort claims or from criminal laws.

H. Robert Nielsen, as Administrator of the Estate of Robert W. Nielsen, Deceased, Joan Nielsen, Jeanne Nielsen v. Thomas Clayton, Individually and as Mental Health Technician for the Tinley Park Mental Health Center, Ann J. Honeysucker, Individually and as Charge Nurse for the Tinley Park Mental Health Center and Mary Barnes, Individually and a as Licensed Practical Nurse for the Tinley Park Mental Health Center

62 F.3d 1419 · Court of Appeals for the Seventh Circuit · Jul 11, 1995

Alternatively, Clayton asserts that he was entitled to qualified immunity because it was not clearly established that using a choke-hold on a mental patient violated that patient's constitutional rights to life and liberty … Alternatively, Clayton asserts that he was entitled to qualified immunity because it was not clearly established that using a choke-hold on a mental patient violated that patient's constitutional rights to life and liberty

Ed Miniat, Inc. v. Globe Life Insurance Group, Inc.

805 F.2d 732 · Court of Appeals for the Seventh Circuit · Jan 16, 1987

Defendants argue that the corporate plaintiffs, who clearly are not participants or beneficiaries, are not fiduciaries and therefore lack standing. … PLAN ESTABLISHMENT OR AGREEMENT.

Phillip Littler v. Amber Wallace

Court of Appeals for the Seventh Circuit · Mar 5, 2020

did not violate any clearly established constitutional right. … But qualified immunity shields prison officials from liability when their conduct does not violate clearly established rights. See Pearson v. Callahan, 555 U.S. 223, 231 (2009); Van den Bosch v.

Joseph Young v. James Rabideau and Stephen Washington

821 F.2d 373 · Court of Appeals for the Seventh Circuit · Jun 1, 1987

under the eighth amendment and would have helped to negate Rabideau’s claim of immunity, a defense available to him as a state prison official under § 1983. … Such evidence is clearly relevant to contradict Young’s defense of lack of intent. See United States v. Brunson, 657 F.2d at 115 .

Salvatore Arcidiacono v. Elizabeth Whitehorn

Court of Appeals for the Seventh Circuit · Jun 8, 2026

Three of the four plaintiffs had al- ready qualified for Illinois’s Medicaid program—and more specifically, for long-term care benefits. The fourth qualified not long after her admission. See ILL. ADMIN. … We confess that Banks could have more clearly articulated the distinction between forward-looking and backward- looking remedies.

Anderer, Joseph R. v. Jones, Arthur

Court of Appeals for the Seventh Circuit · Jun 21, 2005

Anderer’s repeated refusals to speculate as to the cause of JR’s nosebleed were entirely consistent with his clearly established Fifth Amendment rights, and as such may not be used as a factor which would increase the “probability … Probable cause to arrest Anderer was not established.

Pamela Hanson v. Caterpillar, Incor

688 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 3, 2012

We must affirm a grant of summary judgment if Hanson cannot establish an element of her ADA claim on which she would bear the burden of proof at trial. Harney v. … Caterpillar’s willing- ness to place Hanson in other jobs within her medical restrictions clearly belies the claim that the company subjectively regarded her as unable to perform a broad class of jobs.

United States v. James Alva Hoyland

264 F.2d 346 · Court of Appeals for the Seventh Circuit · Mar 30, 1959

Certainly such finding is not clearly erroneous; in fact, in our judgment, it is clearly correct. Defendant’s contention relative to double jeopardy may be disposed of in short order. … It is an immunity granted to the citizen by our constitution, and may be waived. The plea of guilty by the defendant constituted a waiver of this right.

John Halpin v. W.W. Grainger, Incorporated

962 F.2d 685 · Court of Appeals for the Seventh Circuit · May 6, 1992

The party moving for summary judgment bears the burden of establishing that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); see Adickes v. S.H. … Clearly, a blanket request for “additional medical information” would not have satisfied the regulatory requirements. In Wolfe v. J.C.

Thomas E. Lister v. Thomas H. Hoover

706 F.2d 796 · Court of Appeals for the Seventh Circuit · May 16, 1983

Wisconsin *798 state law then in force established different tuition rates for residents and nonresidents, Wis.Stat. § 36.16 (1971) (current version at Wis.Stat. § 36.27 (1979-80)), and provided, with sortie exceptions, see … Because the majority does not reach the defendants’ contention that, apart from the merits, they enjoy qualified immunity from damage claims like the present one, I pass over that issue. *802 APPENDIX IN THE UNITED STATES

Freeman United Coal Mining Co. v. Director, Office of Workers' Compensation Programs

94 F.3d 384 · Court of Appeals for the Seventh Circuit · Aug 29, 1996

Tasky had failed to establish that he was totally disabled by pneumoconiosis. The deputy commissioner informed Mr. Tasky of the denial in a March 31 letter, which clearly stated that if Mr. … Tasky had qualified for benefits on his 1981 claim, Mrs. Tasky became entitled to those same benefits as a matter of course. See 20 C.F.R. §§ 718.1 (a), 725.212.

Protestant Memorial Medical Center, Inc. v. Maram

471 F.3d 724 · Court of Appeals for the Seventh Circuit · Dec 6, 2006

To qualify for federal matching funds, a state must submit to the Secretary of Health and Human Services (“Secretary”) a plan that describes the nature and scope of the state Medicaid program. See id. § 1396a(a). … The court therefore held that claims against the Director should be dismissed for failure to state a claim because of the State’s sovereign immunity. The court also held that CMS was immune from Memo- rial’s suit.

Martin Hoffman v. Justin Wilks

Court of Appeals for the Seventh Circuit · Jan 16, 2019

Brown holds that personnel who implement Illinois’s pro- gram are entitled to qualified immunity because no federal court has held that the Illi- nois approach violates the Constitution, so they have not violated clearly … established law.

Martin Hoffman v. Justin Wilks

Court of Appeals for the Seventh Circuit · Jan 16, 2019

Brown holds that personnel who implement Illinois’s pro- gram are entitled to qualified immunity because no federal court has held that the Illi- nois approach violates the Constitution, so they have not violated clearly … established law.

Garratt, Reg G. v. Knowles, James E.

245 F.3d 941 · Court of Appeals for the Seventh Circuit · Mar 28, 2001

the Qualified Plan. … First, he suggests the SERP here was clearly intended to be an excess benefit plan, as its stated purpose tracks the language of ERISA’s definition of such a plan.

Abraham v. Holder

647 F.3d 626 · Court of Appeals for the Seventh Circuit · Jun 1, 2011

The IJ also found that Abraham had failed to establish that she had been perse- cuted in the past on account of one of the protected grounds in the statute. … Finally, the IJ concluded that Abraham had also failed to establish that any abuse she suffered was due to one of the protected grounds in the statute. Abraham appealed to the BIA.

Schneider National Leasing Inc v. United States

11 F.4th 548 · Court of Appeals for the Seventh Circuit · Aug 25, 2021

The safe harbor establishes that some changes to a tractor do not qualify as “manufacture” or “production”—the consequence being that a company can lease, sell, or use that tractor without the transaction constituting a “ … This language, the district court reasoned, established a two-step process for qualifying for the safe har- bor.

United States of America Ex Rel. Charles Musil v. Frank J. Pate, Warden

427 F.2d 930 · Court of Appeals for the Seventh Circuit · Jun 10, 1970

Nor does it clearly appear that the circumstances of the inquest, in combination with the warning, would qualify as “other procedures which are at least as effective in apprising accused persons of their right of silence … Arsenault established that the principle of White is retroactive. White did not establish that a preliminary hearing in a criminal case is always a critical stage so that a defendant is entitled to the aid of counsel.