Case law

United States v. Jermaine Stamps

Court of Appeals for the Seventh Circuit · Dec 29, 2020

The government then asked the court to clarify whether it had ruled on Stamps’s argument that he only had to prove by a preponderance of the evidence that the firearm was not used in connection with his offense in order to qualify … He separately ar- gued that he had established by a preponderance of the evi- dence that the gun was not connected to his offense, and so he was eligible for safety-valve relief.

Cuevas v. Chrans

3 F. App'x 528 · Court of Appeals for the Seventh Circuit · Feb 14, 2001

Analysis A writ of habeas corpus cannot be granted unless a state court’s adjudication of a claim resulted in a decision that was “contrary to, or involved an unreasonable application of, clearly established Federal law” … In contrast, as the state-court opinions conclusively establish, Cuevas at least twice told Noonan that he understood his Miranda rights and wished to waive them.

Pamela Johnson v. Larabida Children's Hospital

372 F.3d 894 · Court of Appeals for the Seventh Circuit · Jun 22, 2004

In the event that a visitor to the hospital were to become unruly or disruptive, as Johnson clearly did, it was within Stephen’s discretion to ask that person to leave the premises. … Nonetheless, assuming arguendo, that Stephens was a state actor, Johnson would still need to establish that Stephens deprived her of a constitutional right. 42 U.S.C. § 1983 . She cannot do so.

United States v. Tremayne Dozier

949 F.3d 322 · Court of Appeals for the Seventh Circuit · Feb 4, 2020

On appeal Dozier again argues that his 2006 Texas con‐ viction doesn’t qualify as a felony drug offense. … that a conviction was for a qualify‐ ing offense.” 553 U.S. at 389.

Thomas L. Bowers, Administrator of the Estate of Marguerite Anne Bowers, Deceased v. Robert A. Devito, M.D.

686 F.2d 616 · Court of Appeals for the Seventh Circuit · Sep 2, 1982

With regard to the private defendants, the basis for the court's action was an affidavit of a qualified expert which states that they used all due professional care in their treatment of Vanda. … Section 1983 imposes liability on anyone who under color of state law "subjects ... any citizen ... or other person ... to the deprivation of any rights, privileges, or immunities secured by the Constitution ...," and thus

Gordan Bates v. Wisconsin Department of Workforce Development

375 F. App'x 633 · Court of Appeals for the Seventh Circuit · May 24, 2010

The district court rejected the immunity defense but agreed with the defendants that the claims are groundless. … Bates seems to believe that his ADA claim was established simply because he has a disability that qualified him for assistance from the DVR. But this assumption misses the mark.

Evanston Community Consolidated School District Number 65 v. Michael M. And Christine M., Parents of John M., John M., by His Parents and Next Friends, Michael M. And Christine M. v. Evanston Community Consolidated School District Number 65 and Dr. Hardy Ray Murphy, Its Superintendent, Sued in His Official Capacity

356 F.3d 798 · Court of Appeals for the Seventh Circuit · Feb 2, 2004

School District contends that the hearing examiner's findings that the school had provided "an exemplary, inclusive education program" were supported by a preponderance of the evidence. 16 Compensatory services are well-established … A FAPE, surely, is an education provided by qualified personnel. In fact, specifically as to occupational therapy, 34 C.F.R. § 300.24 (b)(5)(I) refers to "services provided by a qualified occupational therapist."

In Re V-I-D, Inc. Kelley, Glover & Vale, Inc. v. Kramer

198 F.2d 392 · Court of Appeals for the Seventh Circuit · Aug 28, 1952

The principal contention of the appellant is that, since the Home Bank and Trust Company was a foreign corporation which never qualified to do business in Indiana, and since the District Court found that the negotiation by … Section 2, art. 4, of the constitution of the United States, declares that ‘the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.’ ” It is true that the factual

Frank Teague v. Michael Lane, Director, Department of Corrections, and Michael O'leary, Warden

820 F.2d 832 · Court of Appeals for the Seventh Circuit · May 11, 1987

The court explained that Swain : “Placed on defendants the crippling burden of proof” and thus “prosecutors peremptory challenges are now arguably immune of constitutional scrutiny.” 106 S.Ct. at 1720-21 (footnote omitted … Teague’s subsequent arguments in the state courts did not address Equal Protection and thus Teague's appeal is clearly distinguishable from Batson .

Brian Vukadinovich v. Richard Zentz, Ronald Kurmis, John Ross, William Collins, and City of Valparaiso

995 F.2d 750 · Court of Appeals for the Seventh Circuit · Jun 9, 1993

This claim clearly lacks merit. Vukadinovich never requested that the court instruct the jury to disregard its prior rulings. … Further, Vukadi-novich’s state law malicious prosecution claim also was dismissed properly since appellees are immune under Indiana law. Ind.Code § 34-4-16.5-3(5) (1983).

Gerald R. Redding and Dorothy M. Redding and Thomas W. Moses and Anne M. Moses v. Commissioner of Internal Revenue

630 F.2d 1169 · Court of Appeals for the Seventh Circuit · Aug 25, 1980

By that technique the overall transaction can be viewed as a distribution solely of stock, which is allegedly immunized from tax by section 355. … Commissioner is no longer available to immunize the warrant transaction. See, infra, at 1181-1182. IV.

Reinsurance Company of America, Inc. v. Administratia Asigurarilor De Stat (Administration of State Insurance)

808 F.2d 1249 · Court of Appeals for the Seventh Circuit · Jan 6, 1987

The history of the “excusable neglect” standard thus clearly indicates that, with the exception of “extraordinary cases where injustice would otherwise result,” few circumstances will ordinarily qualify *1252 under the excusable … Civ.P. 6(e), allowing an extra three days when documents are served by mail, was intended to establish presumptively that mail reaches its intended destination in three days. Such an argument is clearly specious.

William J. Leahy v. The Board Of Trustees Of Community College District No. 508

912 F.2d 917 · Court of Appeals for the Seventh Circuit · Oct 17, 1990

In an attempt to establish the requisite "state action," Leahy contended that both the Union and City Colleges were established under the laws of the State of Illinois; that City Colleges delegated its "discretionary authority … Leahy has clearly failed to allege any willful participation by the Union in any "joint" action.

Mary Jeanne ROSE, Plaintiff-Appellant, v. BRIDGEPORT BRASS COMPANY Et Al., Defendants-Appellees

487 F.2d 804 · Court of Appeals for the Seventh Circuit · Oct 26, 1973

Our cases have uniformly placed upon the mov-ant for summary judgment the burden of establishing the absence of a genuine issue of material fact. Carter v. Williams, 361 F.2d 189, 193 (7th Cir. 1966); Motoux v. … The defendant labor organizations, moreover, did not err in failing to argue that the Company’s rfeading of the contract, if correct, was nonetheless sexually discriminatory as to Rose, for Rose clearly did not complain to

Estate of Matthew I. Heinold, Deceased, Virgil W. Heinold v. Commissioner of Internal Revenue

363 F.2d 329 · Court of Appeals for the Seventh Circuit · Jun 17, 1966

The Tax Court’s finding of fact as to value must stand unless clearly erroneous. Tripp v. C. I. R., 7 Cir., 1964, 337 F.2d 432, 434 . … The resolution of the corporation after his death does not establish an enforceable claim at the date of his death.

Yohan Salim v. Eric Holder, Jr.

Court of Appeals for the Seventh Circuit · Aug 28, 2013

The IJ also concluded that Salim had failed to establish  a well‐founded fear of future persecution.  … A probability of fu‐ ture  persecution  may  be  established  by  either  one  of  two  methods. 

Anthony v. Wilkinson

637 F.2d 1130 · Court of Appeals for the Seventh Circuit · Dec 23, 1980

Such purposes of transfer, petitioners argue, do not qualify as “specialized treatment.” … The Vermont hearings were conducted pursuant to the following procedures established by the state’s transfer policy: 1.

Lorenzo Wheeler v. Officer Sims, Captain Staley and S. Jordan

951 F.2d 796 · Court of Appeals for the Seventh Circuit · Jan 8, 1992

of a regularly conducted business activity under Federal Rule of Evidence 803(6). 4 On appeal the appellant argues that the trial judge committed reversible error in receiving the exhibit in evidence because it fails to qualify … Wheeler’s fourth argument is that Exhibit 11 was inadmissible because the defendants failed to present witnesses to lay a foundation establishing that the documents therein were business records.

William Finch v. Lynn L. Chapman, M.A.C.M., and United States of America

991 F.2d 799 · Court of Appeals for the Seventh Circuit · May 21, 1993

In essence the district court granted Kopenhafer qualified immunity. 11 On February 13, 1991, the district court entered a final appealable judgment as to all claims and all parties. … Qualified immunity. 15 The parties do not dispute that Chapman merits qualified immunity only where a reasonable person could have believed that her actions were lawful in light of clearly established law and the information

Saint Anthony Hospital v. Elizabeth M. Whitehorn

100 F.4th 767 · Court of Appeals for the Seventh Circuit · Apr 25, 2024

forth our established method for ascertaining unambiguous conferral. … “[W]hat matters is whether Congress has authorized a waiver of sovereign immunity that is ‘clearly discernible’ from the sum total of its work.”