Case law

Khorrami, Ahmad F. v. Rolince, Michael E.

539 F.3d 781 · Court of Appeals for the Seventh Circuit · Aug 27, 2008

Qualified immunity is the right to be free at the earliest point at which the court can be sure that the government official’s conduct did not violate clearly established statutory or constitu- tional rights that any reasonable … In an interlocutor y appeal from a denial of qualified immunity, the first question is “whether or not certain given facts showed a violation of ‘clearly established law.’ ” Johnson, 515 U.S. at 311; see also Mitchell, 472

Scoby v. Neal

981 F.2d 286 · Court of Appeals for the Seventh Circuit · Dec 8, 1992

Carey, 737 F.2d 187, 211 . *289 Therefore both Circuits upheld qualified immunity. … We agree with the reasoning of those Circuits with respect to qualified immunity 3 and consequently affirm the October 26, 1988, order of Judge Baker granting defendants qualified immunity. .

Natasha A. Dunn, Individually, and Katia S. Dunn, a Minor by Her Parent and Next Friend, Natasha A. Dunn v. City of Elgin, Illinois, Jason A. Lentz, Keith B. Chrastka, and Mona S. McKinley

347 F.3d 641 · Court of Appeals for the Seventh Circuit · Nov 18, 2003

However, we also find that the Defendants are entitled to qualified immunity because the unconstitutional nature of their actions was not clearly established prior to this case. 17 Both absolute and qualified immunity provide … Qualified immunity protects governmental officers performing discretionary functions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Michael J. Bakalis v. Jenni Golembeski, Mark R. Stephens, Merrill Becker

125 F.3d 576 · Court of Appeals for the Seventh Circuit · Sep 18, 1997

In the earlier appeal, we determined that the defendants could not assert the defense of qualified immunity. We held that the law was clearly established that Dr. … Summary judgment determinations “are appealable when they resolve a dispute concerning an ‘abstract issu[e] of law1 relating to qualified immunity, typically the issue whether the federal right allegedly infringed was ‘clearly

Ashoor Rasho v. Willard Elyea

Court of Appeals for the Seventh Circuit · May 5, 2017

Garlick, the qualified-immunity defense warrants some discussion. … See Petties, 836 F.3d at 734; see also Zaya, 836 F.3d at 807 (finding summary judgment on a qualified- immunity defense inappropriate because the plaintiff’s claim turned on the defendant’s mental state and “it is well established

Estate of Jason Thomson v. Thomas Behn

Court of Appeals for the Seventh Circuit · Jul 9, 2026

claims was appropriate because the officers are entitled to qualified immunity. … We review an officer’s entitlement to qualified immunity de novo, asking whether the right at issue was clearly established at the time and under the circum- stances presented. Beaman v.

Soriano v. Town of Cicero

521 F. App'x 565 · Court of Appeals for the Seventh Circuit · Apr 2, 2013

not address qualified immunity in appellate brief). … Soriano’s failure to argue that the defendants should not receive qualified immunity is significant because Soriano, as the plaintiff, has the burden of establishing that the defendants violated a clearly established constitutional

Delores Henry v. Melody Hulett

969 F.3d 769 · Court of Appeals for the Seventh Circuit · Aug 11, 2020

Qualified immunity is an affirmative defense that “pro‐ tects government officials ‘from liability for civil damages in‐ sofar as their conduct does not violate clearly established stat‐ utory or constitutional rights of … Whether a right is clearly established hinges on the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

Daniel Engel v. Robert Buchan

710 F.3d 698 · Court of Appeals for the Seventh Circuit · Mar 5, 2013

We also held that the agents were not protected by qualified immunity because the constitutional right in question was clearly established at the time of the events at issue in the case. … Qualified immunity “pro- tects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Robert A. Tarpley v. Shawn Jeffers, Allen Pigg, Alice Kerns

96 F.3d 921 · Court of Appeals for the Seventh Circuit · Sep 19, 1996

Second, if so, was the unconstitutionality clearly established or are the state defendants entitled to qualified immunity? Third, did Tarpley suffer an injury by virtue of the defendants’ actions? … Qualified Immunity As we have said, at least until the Supreme Court’s recent decision in O’Hare Truck Service, the applicability of Rutan to temporary positions was not clearly established.

Cheryl Miller v. Dr. Jolene Harbaug

698 F.3d 956 · Court of Appeals for the Seventh Circuit · Oct 19, 2012

The remainder of the qualified immunity defense—whether the rights in question were clearly established—also depends on what rights are at stake. We thus consider all three points together. … established enough to defeat the super- visory defendants’ claim of qualified immunity.

Cynthia A. FORRESTER, Plaintiff-Appellant, v. Judge Howard Lee WHITE, Defendant-Appellee

846 F.2d 29 · Court of Appeals for the Seventh Circuit · May 5, 1988

It is not clear to us whether the respondent raised the defense of qualified immunity in the lower court, since the terms “absolute immunity” and “judicial immunity” were used interchangeably throughout the record. … In a similar vein, this Court noted earlier: The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional

Perry v. Sheahan

222 F.3d 309 · Court of Appeals for the Seventh Circuit · Jul 21, 2000

Because the conduct alleged in the complaint would violate the clearly-established right against unreasonable seizures, we reverse the district court's dismissal of the damages claims on the grounds of qualified immunity. … is limited to the rejection of the officers' defense of qualified immunity.

Borello, Ronald T. v. Allison, Richard

Court of Appeals for the Seventh Circuit · May 11, 2006

violated any of [the plaintiff’s] clearly established constitutional rights.’ ” Id. … Because Defendant has not shown that his constitutional rights were violated, we need not move to the second step of the qualified immunity analysis: whether those rights were clearly established at the time of the attack

Doe v. Bobbitt

881 F.2d 510 · Court of Appeals for the Seventh Circuit · Oct 26, 1989

immunity. … Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of

Campbell, Don v. Peters, Howard A.

256 F.3d 695 · Court of Appeals for the Seventh Circuit · Jul 11, 2001

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … Furthermore, it is doubtful whether one unpublished state trial court decision can "clearly establish" the law for qualified immunity purposes.

John Sabo v. Megan Erickson

100 F.4th 880 · Court of Appeals for the Seventh Circuit · Apr 30, 2024

“The doctrine of qualified immunity protects gov- ernment officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … We held that the record- keeper was not entitled to qualified immunity because “closely analogous” cases, including Sample and Haygood, had clearly established the obligation of corrections officials—and recordkeepers in

Don Campbell A/K/A Donald Lee, Plaintiff-Appellee/cross-Appellant v. Howard Peters Iii, John Groves, and Charles Williams, Defendants-Appellants/cross-Appellees, and Michael O'leary, Michael Lane, and Carol Mills, Defendants/cross-Appellees

256 F.3d 695 · Court of Appeals for the Seventh Circuit · Jul 10, 2001

In that sense, we believe that he has articulated a constitutional right that satisfies the first part of the Katz requirement for qualified immunity, and thus we must turn to the question of whether clearly established law … Furthermore, it is doubtful whether one unpublished state trial court decision can "clearly establish" the law for qualified immunity purposes.

Barbara Conner v. Rudy G. Reinhard

847 F.2d 384 · Court of Appeals for the Seventh Circuit · May 19, 1988

Qualified Immunity 1. General Principles The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages. … Officials cannot receive qualified immunity, however, if their conduct violated clearly established constitutional rights of which a reasonable person *388 would have known. Id. at 818 , 102 S.Ct. at 2738 .

Alvarado, Chad J. v. Litscher, Jon E.

Court of Appeals for the Seventh Circuit · Sep 28, 2001

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 a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation.