Case law

United States v. Lynell R. Ewing

129 F.3d 430 · Court of Appeals for the Seventh Circuit · Nov 18, 1997

Ewing also claims the district court erred by failing to establish that his obstruction had an impact or effect on the course of justice. … Judge Crabb properly established the elements for obstruction of justice. Ewing merited the two level enhancement. C.

Anthony Tyus v. Urban Search Management

102 F.3d 256 · Court of Appeals for the Seventh Circuit · Jan 6, 1997

Massey’s testimony, and it cut off plaintiffs’ efforts at establishing a record on the proposed scope of his testimony. … Injury to an organizational plaintiff can be established by proof of an actual injury to its efforts to assist equal access to housing.”

Kampinen v. Martinez

102 F. App'x 492 · Court of Appeals for the Seventh Circuit · Jun 18, 2004

Bryant, 502 U.S. 224, 228-29 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (qualified immunity standard’s allowance for reasonable error “is nowhere more important than when the specter of Presidential assassination is raised” … With regard to the legality of her arrest for criminal trespass, Kampinen *497 seems to disagree that the undisputed evidence established probable cause.

Thaddeus Karow v. Larry Fuchs

Court of Appeals for the Seventh Circuit · Jun 16, 2017

The district court granted summary  judgment to the defendants, ruling that they are entitled to qualified immunity because  it has not been clearly established that prisoners are entitled to place public solicitations  of … Public officials are entitled to qualified immunity unless their acts violate clearly es‐ tablished law. See, e.g., White v. Pauly, 137 S. Ct. 548 (2017). 

Rakestraw v. United Airlines, Inc.

981 F.2d 1524 · Court of Appeals for the Seventh Circuit · Dec 28, 1992

erroneous — establish that the union was willing to pay this price to get back at the reviled 219 replacement pilots. … And it is preposterous to depict United as hostile to the fleet qualified pilots.

United States v. Samuel E. Gunning and Angela D. Gunning

984 F.2d 1476 · Court of Appeals for the Seventh Circuit · Feb 8, 1993

Utley $10,000.00 for half a kilogram of cocaine, and a meeting was established. Sam told Mr. … Sam had provided the government with an immunized pretrial proffer that was submitted at Angela’s sentencing.

David Haywood v. City of Chicago

378 F.3d 714 · Court of Appeals for the Seventh Circuit · Aug 10, 2004

We needn’t resolve the one-hour issue, however, because there is still the missing tan card and its absence clearly created probable cause to arrest Haywood. … Nor do the officers argue qualified immunity in this court.

Lawrence Moon v. Larry Phillips

854 F.2d 147 · Court of Appeals for the Seventh Circuit · May 4, 1988

ANALYSIS The jurisdiction of the federal court is not clearly set forth in the original complaint, except that the first two counts charge constitutional violations, and one of the appended counts is allegedly based on a … We therefore need not consider whether Moon’s complaint adequately alleged a constitutional deprivation, or whether the defendants would be shielded by the defense of qualified immunity. AFFIRMED. 1 .

Living Faith, Inc. v. Commissioner of Internal Revenue

950 F.2d 365 · Court of Appeals for the Seventh Circuit · Dec 2, 1991

Upon review of the record, we find that the Tax Court’s determination was not clearly erroneous and affirm its decision. I. … We find that the Tax Court’s decision that Living Faith operates for a substantial commercial purpose and does not qualify as a tax-exempt organization under § 501(c)(3) *377 is not clearly erroneous, but is supported by

Gary Jackson, Sr. v. Bruce Lemmon

Court of Appeals for the Seventh Circuit · Sep 25, 2018

Second, even if Wilkinson applied, Jackson runs into the problem of immunity. To  overcome qualified immunity, Jackson must show that the defendants violated “clearly  established” law. Ziglar v. Abbasi, 137 S.  … Because the  defendants are thus entitled to qualified immunity, we need not address the issue of  absolute immunity. See Taylor v. Reilly, 685 F.3d 1110, 1113 (D.C. Cir. 2012). 

Gary Jackson, Sr. v. Bruce Lemmon

Court of Appeals for the Seventh Circuit · Sep 25, 2018

Second, even if Wilkinson applied, Jackson runs into the problem of immunity. To  overcome qualified immunity, Jackson must show that the defendants violated “clearly  established” law. Ziglar v. Abbasi, 137 S.  … Because the  defendants are thus entitled to qualified immunity, we need not address the issue of  absolute immunity. See Taylor v. Reilly, 685 F.3d 1110, 1113 (D.C. Cir. 2012). 

Teshome Campbell v. Dan Reardon

780 F.3d 752 · Court of Appeals for the Seventh Circuit · Mar 10, 2015

Under AEDPA, a federal habeas peti- tion may be granted only if a state court’s ruling on a federal constitutional question “was contrary to, or involved an un- reasonable application of, clearly established Federal law, … But it did not address the adequacy of the pretrial investigation, which was clearly established under Strickland as the critical threshold question.

Bleser v. Baldwin

199 F. 133 · Court of Appeals for the Seventh Circuit · Apr 23, 1912

Taking into consideration the features above mentioned, the somewhat novel arrangement of the parts, and the presumption arising from the grant, we deem the validity of the patent duly established, qualified, however, by … It is clearly the stem of claim 1 of the patent in suit, save for the fact that it does not carry the valve member.

Cox v. City of Chicago

868 F.2d 217 · Court of Appeals for the Seventh Circuit · Jan 27, 1989

Factual determinations made by the trial court are reviewed under the “clearly erroneous” standard. … The district court implicitly recognized that all lieutenants are not qualified to become battalion chiefs.

United States v. Charles R. Michalek

54 F.3d 325 · Court of Appeals for the Seventh Circuit · May 31, 1995

After reviewing the record, we cannot say that the district court’s finding is clearly erroneous. Mr. … These provisions state: (a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels. *329 (b) If the defendant qualifies for a decrease under subsection (

Ronald Vierk v. Gary Whisenand

Court of Appeals for the Seventh Circuit · Dec 23, 2019

“An officer faces personal liability only if ‘courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indis- tinguishable from those presented in the case … Qualified Immunity The question remains whether “a reasonable officer would have known that the evidence provided to support the war- rant failed to establish probable cause.”

Sunstream Jet Express, Inc., a Delaware Corporation v. International Air Service Co., Ltd., a California Corporation

734 F.2d 1258 · Court of Appeals for the Seventh Circuit · Jun 27, 1984

Certificate of Airworthiness and in a physical condition to qualify for operation under Lessee’s FAR 135 certificate. … Furthermore, the extrinsic evidence introduced at trial to resolve this ambiguity was clearly in dispute.

Andrew Dollard v. Gary Whisenand

Court of Appeals for the Seventh Circuit · Dec 23, 2019

“An officer faces personal liability only if ‘courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indis- tinguishable from those presented in the case … Qualified Immunity The question remains whether “a reasonable officer would have known that the evidence provided to support the war- rant failed to establish probable cause.”

Ronald Vierk v. Gary Whisenand

Court of Appeals for the Seventh Circuit · Dec 23, 2019

“An officer faces personal liability only if ‘courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indis- tinguishable from those presented in the case … Qualified Immunity The question remains whether “a reasonable officer would have known that the evidence provided to support the war- rant failed to establish probable cause.”

United States v. Roger Pace

48 F.4th 741 · Court of Appeals for the Seventh Circuit · Sep 9, 2022

Pace did not qualify for the safety valve and sentenced him to 60 months’ imprisonment. Mr. … The district court, therefore, did not clearly err. 2. Mr.