Case law

Endres, Benjamin v. Indiana State Police

Court of Appeals for the Seventh Circuit · Nov 19, 2003

Katz, 533 U.S. 194, 201 (2001), for qualified-immunity appeals by state actors: determine whether the complaint states a claim before inquiring whether the defendants have immunity. … Some are relatively immune from prejudices, be they racial or religious or otherwise; some are not.

United States of America Ex Rel. Robert J. Raymond v. People of the State of Illinois

455 F.2d 62 · Court of Appeals for the Seventh Circuit · Jan 24, 1972

Yet this is a risk which must be assumed if the great immunity of every person from deprivation of life, liberty, or property without due process of law is to be something more than glowing phrases to be mouthed hollowly … Raymond, 42 Ill.2d 564, 568 (1969), the evidence was not necessarily exculpatory, it clearly in my opinion was exculpatory.

United States v. William Boroni

758 F.2d 222 · Court of Appeals for the Seventh Circuit · Apr 3, 1985

Jordan, 722 F.2d 353, 356 (7th Cir.1983). 16 A court may admit evidence of a prior criminal act to establish a matter in issue other than propensity to commit the crime charged if: 1) the prior act is similar and close in … To further suggest that "this court has grave doubts as to whether Boroni would have been convicted [without the evidence complained of]" is a statement from which I wish to clearly disassociate myself.

Jerome Hunt v. Chicago Housing Authority, a Municipal Corporation, James Gilmartin and Charles Clarke

972 F.2d 351 · Court of Appeals for the Seventh Circuit · Sep 14, 1992

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Hunt to defeat the defendants' claim of qualified immunity on the due process claims, he must show "that he had a clearly established property interest in continued employment" with the CHA. Hannon v.

Glebocki v. City of Chicago

32 F. App'x 149 · Court of Appeals for the Seventh Circuit · Mar 19, 2002

Accordingly, we first inquire whether Glebocki actually established a prima facie case of national origin discrimination. … The City does not contest that Glebocki’s Polish national origin qualifies as a protected class, or that he suffered an adverse action when he was fired.

Rubel, Janet v. Pfizer, Incorporated

Court of Appeals for the Seventh Circuit · Mar 24, 2004

Local Rule 81.2(a) itself says that the remand is “for failure to establish a basis of federal jurisdiction.” … They would say something like: “We are not contesting the judge’s under- standing of federal jurisdiction but instead we seek review of clearly erroneous finding of fact.” That sort of reasoning would nullify §1447(d).

Hauling, Inc. v. Forest Preserve District Of

821 F.2d 433 · Court of Appeals for the Seventh Circuit · Jun 9, 1987

Thus, under well-established Illinois law, the District, which is a non-home rule unit of government, is clearly preempted by the IEPA from regulating sanitary landfills. 14 The District argues that the line of cases beginning … According to the District, a municipality that is merely acting as any participant in the market could act is immune from the preemptive effect of state law.

Michael Hiatt v. Rockwell International Corporation

26 F.3d 761 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

Roger ... does not establish a causal connection between his claim for medical benefits and his discharge.”) … This prong is not "clearly illogical” as he suggests.

Andrew Walker v. Glen Trammel

4 F.3d 998 · Court of Appeals for the Seventh Circuit · Sep 1, 1993

Summary judgment in favor of Trammel was appropriate in this case because the record establishes that Trammel was entitled to qualified immunity. 8 In determining whether a government official is entitled to qualified immunity … and (2) were the constitutional standards clearly established at the time in question? Hill v. Shelander, No. 92-2058, slip op. at 5-6 (7th Cir. Apr. 30, 1993).

United States v. Anthony Esposito

492 F.2d 6 · Court of Appeals for the Seventh Circuit · Jan 7, 1974

The language of the statute, its legislative history, and the well established rule of construction that the Criminal Appeals Act is to be strictly construed against the Government, Will v. … We read the Disti-ict Judge’s reference to “facts,” in context, as a reference to the facts alleged in the indictment, and his ruling as holding that Meinbers of Congress are totally immune from prosecution for accepting

United States v. Marc L. Polland

994 F.2d 1262 · Court of Appeals for the Seventh Circuit · Jul 29, 1993

After Muhammad’s conviction, the government obtained a grant of immunity for him and had him testify before the grand jury. In his testimony, Muhammad implicated Polland in cocaine distribution. … The district court, nevertheless, viewed skeptically the government’s argument concerning the establishment of an attorney-client relationship on June 23.

Antonelli, Michael C v. Sherrow, Tina M.

246 F. App'x 381 · Court of Appeals for the Seventh Circuit · Jul 5, 2007

And Antonelli’s written objections to the ATF after the computer’s seizure cannot overcome qualified immunity to constitutional liability because the then clearly established law was that a timely objection by a non- consenting … But these letters do not qualify as claims under the FTCA because they do not request money damages. See 28 C.F.R. § 14.2(a).

Williams v. Shettle

914 F.2d 260 · Court of Appeals for the Seventh Circuit · Sep 21, 1990

That order did not discuss the merits of the original mootness claim, nor did it mention the qualified immunity or Eleventh Amendment claims. … The Turner decision does not explicitly invalidate counseling requirements, and its application to this case is not so straightforward that it can be said to clearly establish the invalidity of such requirements.

United States v. Bernard Wilson, Luis Luna, and Manuel Garcia

134 F.3d 855 · Court of Appeals for the Seventh Circuit · Jan 20, 1998

Garcia and, clearly, he was a manager and supervisor of others. Garcia argues first that Judge Norgle’s findings were too general in nature to suffice to establish a managerial role. … We also disagree with Garcia’s contention that the district court’s finding regarding his managerial status was clearly erroneous.

United States v. Carrera, David

Court of Appeals for the Seventh Circuit · Aug 3, 2001

In order to establish entitlement to this reduction, a defendant must show by a preponderance of the evidence that he: "(1) clearly recognized and accepted responsibility for his conduct; (2) timely notified authorities of … Ed. 2d 1035 (1999) (finding that sec. 841(b) (1)(C) establishes a minimum of three years of supervised release and a maximum of life).

Chesser v. Illinois

895 F.2d 330 · Court of Appeals for the Seventh Circuit · Feb 6, 1990

The defendants’ last challenge also fails to establish error. … But, then again, so did Deason. 9 And since Deason was retained as qualified despite this fact, the strong suggestion from the evidence is that Ches-ser should have been retained as well.

Parks v. Pavkovic

753 F.2d 1397 · Court of Appeals for the Seventh Circuit · Feb 5, 1985

This is clearly wrong. … All Handicapped Children Act may be thought to have abrogated that immunity explicitly.

United States v. Christopher Jansen

884 F.3d 649 · Court of Appeals for the Seventh Circuit · Mar 7, 2018

To be sure, that Steinback was hired to negotiate a plea does not immunize him from a charge of providing ineffective counsel. … This deter- mination was not clearly erroneous.

In the Matter of Innovative Construction Systems, Inc., Debtor-Appellant

793 F.2d 875 · Court of Appeals for the Seventh Circuit · Jul 9, 1986

The district judge stated, “[hjindsight clearly shows [Bodilly’s] conclusion to be virtually without foundation.” We wholly concur. … Allphin, 786 F.2d 268 (7th Cir.1986) (defense of qualified immunity).

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

84 F.3d 270 · Court of Appeals for the Seventh Circuit · May 21, 1996

IOR did so, Piraino continues, either by crafting its leave of absence policy so that she could not qualify, or by implementing its policy to accomplish her discharge, or both. … A jury could find that her call to Perlman in early January 1991 asking whether she needed to submit a written notice for a leave indicated clearly that she did not believe she had voluntarily resigned.