Case law

Nancy Pacelli, as Independent Administrator of the Estate of Huron Loyd Cain v. Robert Devito

972 F.2d 871 · Court of Appeals for the Seventh Circuit · Aug 25, 1992

Instead he granted summary judgment on grounds of official immunity. As of 1976 there was no clearly established right to the “least restrictive” conditions. Indeed, there was no such right as of 1983, see Johnson v. … Brelje that no right to mental treatment in the “least restrictive environment” was established at all, let alone clearly established, as of 1983. 701 F.2d at 1210.

Joan W. v. City of Chicago, a Municipal Corporation

771 F.2d 1020 · Court of Appeals for the Seventh Circuit · Oct 7, 1985

Fact Concerts, Inc., 453 U.S. 247 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981) (municipalities are immune from punitive damages in section 1983 actions). … On the other hand, we do not believe that the evidence of injury is so slight as to justify an entry of remittitur to the $25,000 base figure established in Levka .

United States v. Jefferson, Correy

Court of Appeals for the Seventh Circuit · Jul 2, 2003

If the jury instruction was appropri- ate, there was clearly sufficient evidence to support the jury’s verdict. Thus, we move on to the jury instruction itself. … While we agree with the general approach of Mon- teleone, its holding is not as clearly applicable here as the government would have us believe.

Julio Najera-Rodriguez v. William P. Barr

926 F.3d 343 · Court of Appeals for the Seventh Circuit · Jun 4, 2019

Nevertheless, con- trolling Supreme Court precedent requires us to consider not what Najera-Rodriguez actually did but what his conviction under Illinois’s § 402(c) necessarily established vis-à-vis 1 Here is the full … The general reference in White to “a controlled substance statute” does not touch on the critical differences between § 402(a), which is clearly di- visible, and § 402(c), which is not clearly divisible. 16

In re United States

572 F.3d 301 · Court of Appeals for the Seventh Circuit · Jul 10, 2009

This participation was clearly violative of the specific prohibition in the Federal Rules of Criminal Procedure that forbids the court from becoming involved in plea negotiations. See Fed. … The Judge's view of the future course of this prosecution clearly was favorable to the defendant. . See United States v.

Richard West v. Thomas Love and James O'Dell

776 F.2d 170 · Court of Appeals for the Seventh Circuit · Oct 30, 1985

We find no error in permitting defendants to dispel any such notion with the generalized explanation that West was in fact qualified to be confined in the unit. … West has failed to meet his burden of establishing that Love’s misconduct prejudiced the presentation of his case. Affirmed. 1 1 . This case was well briefed by Julia A. Martin assisted by Barbara S.

United States Gypsum Company v. Indiana Gas Company, Incorporated, and Proliance Energy LLC

350 F.3d 623 · Court of Appeals for the Seventh Circuit · Nov 24, 2003

is enough to reiterate, as Loeb holds, that the buyers from fringe firms suffer antitrust injury, that their complaints cannot be dis *576 missed at the outset under the Illinois Brick doctrine, and that the potential to establish … “To date” is a vital qualifier. The Commission issued its opinion in September 1997. More than six years have passed since then. What is ProLiance doing today?

Donald Maier v. Judy Smith

Court of Appeals for the Seventh Circuit · Jan 11, 2019

Because the Supreme Court has not definitively answered the ques- tion, Wisconsin’s interpretation of that doctrine is not con- trary to or an unreasonable application of clearly established Federal law. C. … Maier failed to demonstrate that his conviction under the stalking statute was contrary to, or involved an unreason- able application of, clearly established Federal law.

Destiny Hoffman v. Susan Knoebel

Court of Appeals for the Seventh Circuit · Jul 3, 2018

To establish liability under Monell, the plaintiffs must show that an official govern- ment policy or custom “is responsible for the deprivation of rights.” Thomas v. Cook Cnty. … Knoebel and Snelling respond that the lack of state-law authority does not make a seizure unreasonable, and in the alternative, they assert that they are entitled to qualified immunity.

Joseph E. Mayer v. Jeffrey A. Heims, Town of Winamac, Indiana

81 F.3d 163 · Court of Appeals for the Seventh Circuit · Mar 25, 1996

Appellees largely reiterated their earlier positions, but added additional arguments regarding Heck and qualified immunity. 7 Pursuant to Rule 56, Judge Sharp granted judgment on the merits in favor of the appellees on May … The order incorporated the reasoning of the previous order as to Heck, but also concluded that Mayer failed to establish any involvement by the municipality, that Heims had qualified immunity, that Mayer had no damages, and

United States v. David Lewisbey

843 F.3d 653 · Court of Appeals for the Seventh Circuit · Dec 9, 2016

And Lewisbey admitted that the Facebook posts were his, so like his “sent” text messages, the posts qualify as nonhearsay admissions under Rule 801(d)(2). … That’s more than enough to establish that the two phones were indeed Lewisbey’s. See FED. R.

United States v. Ervin

540 F.3d 623 · Court of Appeals for the Seventh Circuit · Sep 2, 2008

In fact, Zambrana expressly stated that he would “rely on records provided by the [g]overnment” to establish his alibi, and not on his own testimony. … Livingston, 443 F.3d 1211, 1225-26 (10th Cir.2006) (stating that district court’s failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: “In our view, to reverse and

Insurance Company of North America v. Morgan Dyeing and Bleaching Company

262 F.2d 916 · Court of Appeals for the Seventh Circuit · Jan 12, 1959

North America contends that the Trial Court’s findings of fact are clearly erroneous, being unsupported by and contrary to the evidence; that Morgan has failed to establish that the damage was not caused by lack of due care … Schrock, was qualified as an expert.

The Fluor Corporation, Ltd., a California Corporation v. Illinois Power Company, an Illinois Corporation

326 F.2d 374 · Court of Appeals for the Seventh Circuit · Jan 9, 1964

Watkins, Esquire, a reputable member of the Chicago, Illinois Bar, qualified and served as the special master throughout this proceeding. … It is well established that a special master’s findings of fact are not to-be set aside unless clearly erroneous. Olson Rug Company v. N. L. R. B., 7 Cir.,. 304 F.2d 710, 712 (1962); Knab Co. v. St.

United States v. James Winbush, Jr.

Court of Appeals for the Seventh Circuit · Sep 1, 2009

Even if we accept his contention, however, the “Tennessee crack” would have qualified as related conduct. See U.S.S.G. § 1B1.3(a)(2). … Because work release in a county jail “is more akin to confinement in a conven- tional prison facility,” we concluded that it qualified as a sentence of imprisonment. Id.

United States v. Bernard Seidling

737 F.3d 1155 · Court of Appeals for the Seventh Circuit · Dec 16, 2013

Walters, 997 F.2d 1219 (7th Cir. 1993), to argue that the government is required to establish No. 13-1854 9 that the defendant intended to obtain money or property from … We find that the district court did not clearly err at sentencing and gave sufficient consideration to the issue before denying Seidling the downward adjustment for acceptance of responsi- bility.

United States v. Humberto Cruz Alvarado

326 F.3d 857 · Court of Appeals for the Seventh Circuit · Apr 9, 2003

The only question remaining is whether the district court clearly erred when it concluded that Cruz had not informed the agents about his sister’s telephone number during the proffer meeting (or at any other time prior to … We have no reason to second-guess those determinations, and it is well established that the district court’s choice of whom to believe is almost never vulnerable to a finding of clear error.

Glenview Park District v. Melhus

540 F.2d 1321 · Court of Appeals for the Seventh Circuit · Sep 16, 1976

Proximate Cause 18 The testimony at trial established that George Melhus was an inexperienced canoer and a non-swimmer. … It was clearly erroneous to rule that the omissions of Glenview did not proximately cause the death of George Melhus.

Suzanne M. Bartley v. United States

123 F.3d 466 · Court of Appeals for the Seventh Circuit · Jul 23, 1997

Thus, “when Congress attaches conditions to legislation waiving the sovereign immunity of the Unit *468 ed States, those conditions must be strictly observed, and exceptions thereto are not to be lightly implied.” … Bartley’s suit quite clearly fails to satisfy the second Flast requirement.

Elizabeth Karlin, M.D. Planned Parenthood of Wisconsin, Inc. Gary T. Prohaska, M.D. Dennis D. Christensen, M.D. And Summit Women's Health Organization, on Behalf of Themselves and Their Patients Seeking Abortions v. C. William Foust, in His Official Capacity as District Attorney for Dane County and a Representative of the Class of All District Attorneys in Wisconsin James E. Doyle, in His Official Capacity as Attorney General of Wisconsin James Chambers, Michael Mehr, B. Ann Nevaiser, James Esswein, Rudolfo Molina, W.R. Schwartz, Mikki Patterson, Sidney Johnson, Sandra Makhorn, Pablo Pedraza, Glenn Hoberg, Wanda Roever, Ronald Grossman, and Darold Treffert, in Their Official Capacities as Members of the Wisconsin Medical Examining Board Elaine August, Timothy D. Burns, Bonnie M. Creighton, Ruth E. Lindgren, Pamela A. Maxon, Lorraine A. Norem, Roberta P. Overby, McArthur Weddle, and Ann Brewer, in Their Official Capacities as Members of the Wisconsin Board of Nursing Muriel Harper, Virginia Heinemann, Cornelia Hempe, Douglas Knight, and Anita Kropf, in Their Official Capacities as Members of the Social Worker Section of the Wisconsin Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors Joseph Leean, in His Official Capacity as Secretary of the Wisconsin Department of Health and Family Services and K.B. Piper, in His Official Capacity as Administrator of the Division of Health of the Wisconsin Department of Health and Family Services, and E. Michael McCann in His Official Capacity as District Attorney for Milwaukee County

188 F.3d 446 · Court of Appeals for the Seventh Circuit · Aug 9, 1999

Requiring them to discuss a list of clearly prescribed topics with a patient is simply not that difficult of a task especially when AB 441 clearly identifies the topics that need be discussed. … "qualified."