Case law

Bond v. Stanton

630 F.2d 1231 · Court of Appeals for the Seventh Circuit · Sep 19, 1980

Plaintiffs’ status as the prevailing party in this case has already been established in Bond I. 504 F.2d at 1251 . … Indeed, as we remarked in Bond III, “[t]he legislative history clearly indicates that Congress intended to cover not only pending cases generally but this case in particular.” 555 F.2d at 174 (emphasis supplied).

United States v. Derrick A. Anderson

61 F.3d 1290 · Court of Appeals for the Seventh Circuit · Jul 26, 1995

U.S.S.G. § 2D1.1, comment, (n. 3) (stating that it must be “clearly improbable” that weapon was connected with the offense). The evidence at sentencing established that the phenyl magnesium bromide bottles which Mr. … In any event, the evidence in this case, which established not only that Mr.

Rapheal v. Mukasey

533 F.3d 521 · Court of Appeals for the Seventh Circuit · Jul 2, 2008

In order to qualify for asylum, Rapheal must show that she meets the statutory definition of “refugee.” Tapiero de Orejuela v. Gonzales, 423 F.3d 666 , 671 (7th Cir.2005). … Even if a petitioner qualifies as a refugee, asylum is still a discretionary decision. Angoucheva v. INS, 106 F.3d 781, 788 (7th Cir.1997).

United States v. Tomas Rodriguez

69 F.3d 136 · Court of Appeals for the Seventh Circuit · Oct 23, 1995

Rodriguez — establish that the consent was voluntary and that no coercion took place. … In any event, the government argues, the district court’s determination is not clearly erroneous.

Arredondo v. Huibregtse

542 F.3d 1155 · Court of Appeals for the Seventh Circuit · Sep 8, 2008

Arredondo has not established that reasonable jurists could debate whether the Wisconsin appellate court acted contrary to, or unreasonably applied, clearly established Supreme Court precedent when it determined that the … Therefore, the state court’s deci *1169 sion was not contrary to or an unreasonable application of clearly established federal law.

Houskins v. Sheahan

549 F.3d 480 · Court of Appeals for the Seventh Circuit · Nov 25, 2008

We review de novo whether Houskins’s statements qualify for protection under Garcetti. Callahan v. Fermon, 526 F.3d 1040, 1044 (7th Cir.2008). … Baca, 510 F.3d 1161, 1167, 1174 (9th Cir.2007) (noting that if no constitutional violation occurred, the court need not consider qualified immunity or a claim brought pursuant to Monell); Wilson v.

Greco v. Guss

775 F.2d 161 · Court of Appeals for the Seventh Circuit · Oct 1, 1985

Thus the language and the reasoning of the Cousins Club opinion clearly suggests that the policy of the State of Illinois is for landlords, and not state agents, to effect the distraint. … Vail, 706 F.2d at 1440 (predeprivation process “neither practical nor appropriate ... where clearly established state policies were involved and ignored due to negligence or otherwise”).

Wisconsin Central Limited v. United States

Court of Appeals for the Seventh Circuit · May 8, 2017

For one, as I alluded to  above, “it is well established that RRTA and FICA are parallel  statutes.” BNSF Ry. Co. v. United States, 775 F.3d 743, 754 (5th  Cir.  2015).  … However,  “absent  a  clearly  established  congres‐ sional  intention,  repeals  by  implication  are  not  favored.”  Branch v. 

Fain, Carolyn S. v. Wayne County Auditor

Court of Appeals for the Seventh Circuit · Oct 27, 2004

She did not work for most of the time period from January 1, 1999, through June 18, 1999, using personal leave, vacation, sick leave, and FMLA-qualified leave. … As Rollins noted, if the Census were to control in all instances, the regulations could have said that much more clearly. Id.

Miller, Perry S. v. Anderson, Rondle

Court of Appeals for the Seventh Circuit · Jun 29, 2001

The fact that it was a tactic obviously does not immunize it from review in a challenge to the lawyer’s effectiveness. … would enable the state to bring in the devastating evidence of his prior convictions, and the government was going to put great weight on expert evidence in order to bolster Wood’s testimony, Miller’s only chance was to establish

Freeman United Coal Mining Co. v. Cooper

965 F.2d 443 · Court of Appeals for the Seventh Circuit · Jun 11, 1992

Vest’s opinion was clearly supported by objective medical evidence. Dr. Singh, who also examined Mr. … Nevertheless, a conclusory assertion does not qualify as a reasoned medical judgment *449 under § 718.202(a)(4). Thus, we must determine whether Dr. Martin’s opinion qualifies as a “reasoned medical judgment.” Id. Dr.

Bodine v. Elkhart County Election Board

788 F.2d 1270 · Court of Appeals for the Seventh Circuit · Apr 21, 1986

Clearly the cards would be highly relevant evidence of manipulation of vote totals. … It would only establish that a true section 1983 action, which plaintiff failed to allege, existed.

St. Vincent College v. Hallett

201 F. 471 · Court of Appeals for the Seventh Circuit · Apr 23, 1912

It is said in argument that it should have immunity because its officers are dealing with trust fundís. The officers of all corporations handle trust funds.. … To give the immunity contended for would invite every variety of fraud and deception.

Thomas Hall v. Steve Babb, Brian Piersma, and Barbara Westell

389 F.3d 758 · Court of Appeals for the Seventh Circuit · Nov 24, 2004

, the parties agree on several propositions: that the job at issue did not fall under the policymaking exception to Rutan , that the defendants are proper parties under § 1983, that none of the defendants is entitled to qualified … immunity, and that Hall’s chosen level of political activity was protected conduct.

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). 

United States v. Guzman-Vargas

40 F. App'x 263 · Court of Appeals for the Seventh Circuit · Jul 3, 2002

Guzman-Vargas, accompanied by counsel, spoke with the Government about his offense in order to qualify for the safety valve exception to the statutory mandatory minimum sentence. … Guzman-Vargas qualified for the safety valve exception. The Government conceded that Mr.

United States v. Breck M. Swanquist

161 F.3d 1064 · Court of Appeals for the Seventh Circuit · Feb 3, 1999

We agree with the court that Levy, as an accountant with no banking experience, was not qualified to tell the jury that this form of financing was acceptable within the banking community. … The district court’s findings constitute a permissible view of the evidence and thus cannot be clearly erroneous. Swanquist’s conviction and sentence are Affirmed. 1 .

Martin Tabaku and Entela Bino v. Alberto Gonzales, Attorney General of the United States

425 F.3d 417 · Court of Appeals for the Seventh Circuit · Sep 29, 2005

[and not to prove] the facts spelled out in that newspaper ..., because clearly those journalists did not report the incidences that Mr. Tabaku reported.”. … To qualify for asylum, the couple must establish that they are “refugees,” as defined by the Immigration and Nationality Act (INA).

Elim Romanian Pentecostal Chur v. Jay Pritzker

Court of Appeals for the Seventh Circuit · Jun 16, 2020

Congress established rules more favorable to religion through the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb to 2000bb–4, but Boerne v. … This language authorizes judicial relief but does not clearly authorize suit against the state in federal court.

United States v. Tina M. Miner

127 F.3d 610 · Court of Appeals for the Seventh Circuit · Oct 14, 1997

Miner was granted immunity in exchange for her testimony. During her testimony, Miner freely admitted distributing cocaine and purchasing it from William Patrick. However, Miner denied any involvement with John Marro. … Magistrate Judge Crocker’s findings clearly indicate the absence of prejudice: Here, Miner has pointed to no actual prejudice of any sort that might begin to meet her preliminary evidentiary burden.