Case law

Paul Burritt v. Lisa Ditlefsen

807 F.3d 239 · Court of Appeals for the Seventh Circuit · Nov 30, 2015

“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 … Once qualified immunity is raised, the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right “was clearly established at the time the challenged conduct

Mirek Magdziak, Administrator of the Estate of Tadeusz Glodek, Deceased v. David Byrd

96 F.3d 1045 · Court of Appeals for the Seventh Circuit · Sep 27, 1996

Qualified Immunity The defense of qualified immunity protects government agents ‘“from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Once a defendant has raised the defense of qualified immunity, the plaintiff bears the burden of showing that the right he or she is asserting was clearly established at the relevant time.

Shipman v. Hamilton

520 F.3d 775 · Court of Appeals for the Seventh Circuit · Apr 1, 2008

Qualified immunity shields governmental actors performing discretionary functions from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … “If the right was clearly established, the officer is not entitled to qualified immunity.” Washington, 481 F.3d at 547 (emphasis in original).

Paul Knox v. Deborah Smith

342 F.3d 651 · Court of Appeals for the Seventh Circuit · Sep 22, 2003

Further the district court concluded that Smith was not entitled to qualified immunity because it was clearly established that to request a warrant based on evidence known to be false or recklessly inaccurate would violate … Qualified Immunity The qualified immunity defense is designed to protect government agents “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Mckinney v. Duplain

463 F.3d 679 · Court of Appeals for the Seventh Circuit · Sep 12, 2006

, the issue whether the federal right allegedly infringed was clearly established . . . ." … claims for which he asserted qualified immunity."

Ronald E. Stevens, Individually and as Guardian of the Person and Estate of Bradley Edwin Stevens, a Disabled Person v. Richard Umsted

131 F.3d 697 · Court of Appeals for the Seventh Circuit · Dec 16, 1997

However, we also found that even though the state caseworker owed a duty to protect the1 child, the caseworker was entitled to qualified immunity because the duty was not clearly established at the time of the events. … “To determine whether a defendant is entitled to qualified immunity, however, we must determine whether he violated a clearly established constitutional right at the time he took his action.” Hill v.

Huff v. Reichert

744 F.3d 999 · Court of Appeals for the Seventh Circuit · Mar 10, 2014

Discussion The doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established *1004 statutory or constitutional rights of which … immunity defense,” the facts asserted by the plaintiffs make out a violation of clearly established law.

McComas v. Brickley

673 F.3d 722 · Court of Appeals for the Seventh Circuit · Mar 13, 2012

The district court denied a motion for qualified immunity by Brickley. Brickley appeals the denial of qualified immunity. A. Appellate Jurisdiction At the outset, we address a jurisdictional issue. … to a constitu- tional violation; and (2) whether the constitutional right No. 11-2138 7 at issue was clearly established at the time of the alleged violation.

Connie Sullivan and Mary Blanco v. Robert Ramirez

360 F.3d 692 · Court of Appeals for the Seventh Circuit · Mar 3, 2004

Qualified Immunity Qualified immunity is a privilege that provides “ ‘an immunity from suit rather than a mere defense to liability.’ ” Saucier v. … Neither must we consider whether the law was clearly established under the second prong of the qualified immunity analysis because we conclude that the facts as alleged do not establish a First Amendment violation.

Smith v. Gomez

550 F.3d 613 · Court of Appeals for the Seventh Circuit · Dec 15, 2008

The trial court resolved all claims in favor of the governmental authority on various grounds, including their absolute immunity as well as their qualified immunity. … Upon review the undisputed evidence clearly establishes that Smith’s rights were not violated.

Eversole v. Steele

59 F.3d 710 · Court of Appeals for the Seventh Circuit · Jul 14, 1995

However, “[t]he 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 … Qualified immunity will shield a police officer from § 1983 liability if “ ‘a reasonable officer could have believed [the plaintiffs arrest] to be lawful, in light of clearly established law and the information the [arresting

Rex Frederickson v. Tizoc Landeros

943 F.3d 1054 · Court of Appeals for the Seventh Circuit · Nov 26, 2019

We therefore agree with the district court that Frederickson has presented sufficient evidence to defeat qualified immunity at this stage. *** The district court’s denial of qualified immunity … A view that lost in 2012 cannot have been clearly established in 2011.

Renee Henderson Martinez v. Robert Hooper

148 F.3d 856 · Court of Appeals for the Seventh Circuit · Jul 8, 1998

To be immune, his actions in retaliating against Martinez — -retaliating is what she alleges he did — must not have been in violation of clearly established law of which a reasonable person should have known. Harlow v. … , that fact was not clearly established when the incident occurred in 1996.

Rebirth Christian Academy Daycare, Inc. v. Brizzi

835 F.3d 742 · Court of Appeals for the Seventh Circuit · Aug 30, 2016

We  conclude  that,  based  on  the  allegations  in  the  complaint,  the  defend‐ ants  were  not  entitled  to  qualified  immunity  because  they  violated  clearly  established  law:  the  complaint  adequately  alleges …  to qualified immunity. 

Hansen v. Bennett

948 F.2d 397 · Court of Appeals for the Seventh Circuit · Nov 27, 1991

If Bennett was attempting to suppress Hansen's speech on the basis of its content, then he violated clearly established rights and is not entitled to qualified immunity. Collinson v. … If, on the other hand, he was enforcing an appropriately limited time, place, and manner restriction, then he did not violate clearly established rights, Jones v.

Stephen D. Zook v. Joseph T. Brown, William v. Mosher & Champaign County

748 F.2d 1161 · Court of Appeals for the Seventh Circuit · Nov 14, 1984

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), held that a government official is entitled to immunity from liability for damages if the official’s actions do not violate “clearly established statutory … Nor can we find clearly established law from which Brown and Mosher should have gleaned that Zook’s interest in commenting on the ambulance service clearly outweighed their concern with maintaining public confidence in the

Ivan Hernandez v. Michael F. Sheahan

711 F.3d 816 · Court of Appeals for the Seventh Circuit · Apr 1, 2013

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or consti- tutional rights of which a reasonable person would have … No. 12-1941 right and (2) whether that constitutional right was clearly established at the time of the alleged violation.

John Walker v. Dr. Ivy Benjamin, Dr. Adrian Feinerman, Dr. Ansar Ansari, Dr. Virgilio Pilapil, Pamela Dunbar and Vickie Rowland

293 F.3d 1030 · Court of Appeals for the Seventh Circuit · Jun 18, 2002

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome the defense of qualified immunity, a plaintiff must show the deprivation of a constitutional right, and must also show that the right was clearly established at the time of the violation.

Thomas Crowder v. Russell E. Lash

687 F.2d 996 · Court of Appeals for the Seventh Circuit · Nov 8, 1982

to a qualified immunity defense. … If the constitutional right in question was clearly established at the time the challenged conduct took place, the qualified immunity defense ordinarily should fail, since a reasonably competent public official is expected

Carol Smart v. Christian Simonson, David Edelson and Meryln Niedens

867 F.2d 429 · Court of Appeals for the Seventh Circuit · Mar 9, 1989

The district court granted defendants’ motion for summary judgment, finding that the defendants were entitled to qualified immunity because defendants’ conduct did not violate a clearly established constitutional right. … Because the right to treatment was not clearly established at the time of plaintiff’s confinement, the district court properly granted summary judgment to the defendants on the basis of qualified immunity.