Case law

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  • Ronald Matrisciano v. Randle, Micheal P.

    Court of Appeals for the Seventh Circuit · Jun 26, 2009

    to qualified immunity. … If the right was not clearly established, qualified immunity applied. Id. More recently, however, the Supreme Court has decreed that the Saucier two-step sequence is no longer mandatory. Pearson, 129 S. Ct. at 818.

    Cited 0 timesPublished
  • Elwell, Scott v. Dobucki, Kenneth P.

    Court of Appeals for the Seventh Circuit · Aug 10, 2000

    Officials lose their immunity only when their conduct violates clearly established statutory or constitutional rights. See id. at 817. … He is therefore entitled to qualified immunity, and the judgment of the district court is Affirmed.

    Cited 0 timesPublished
  • Gosnell v. City Of Troy

    979 F.2d 1257 · Court of Appeals for the Seventh Circuit · Nov 17, 1992

    These defendants argued that they did not violate any clearly established constitutional rights by their actions in 1983. … CONCLUSION 19 Because the district court has yet to clearly rule on the merits of the qualified immunity issue, no appealable order exists under the collateral order doctrine.

    Cited 5 timesPublished
  • James Campbell and Lois Campbell, as Co-Administrators for the Estate of Ronald J. Campbell, Deceased v. Colin F. White

    916 F.2d 421 · Court of Appeals for the Seventh Circuit · Oct 24, 1990

    established” constitutional right; and that as a police officer acting within the scope of his employment he had a qualified immunity from suit. … established, sufficiently particularized” constitutional right; and that he was entitled to assert the defense of qualified immunity.

    Cited 41 timesPublished
  • Purtell, Jeffrey v. Mason, Bruce

    Court of Appeals for the Seventh Circuit · May 14, 2008

    Qualified-immunity claims are determined by reference to the two-part inquiry established in Saucier v. Katz, 533 U.S. 194, 201 (2001). … Whether the facts established a constitutional violation (the first half 2 Officer Mason could have immediately appealed the denial of his qualified-immunity claim. Behrens v.

    Cited 0 timesPublished
  • Edwin C. West v. Kurt Schwebke

    333 F.3d 745 · Court of Appeals for the Seventh Circuit · Jun 20, 2003

    Defendants now pursue an interlocutory appeal, arguing that qualified immunity entitles them to an immediate end to what is left of the litigation. See Behrens v. … Qualified immunity is available unless the rules of law on which plaintiffs rely are so clearly established that a reasonable state actor is bound to understand *749 how they apply to the situation at hand.

    Cited 27 timesPublished
  • Cynthia Myers v. Karen Hasara and Gail Danner

    226 F.3d 821 · Court of Appeals for the Seventh Circuit · Oct 17, 2000

    qualified immunity was not justified. … to the injury were clearly established at the time.

    Cited 44 timesPublished
  • Kelsey Smith v. Michael Whitsel

    134 F.4th 962 · Court of Appeals for the Seventh Circuit · Apr 17, 2025

    The court stated that, in 2019, the law clearly established that non-medical jail staff may not ignore a detainee in obvious medical distress. See Dobbey v. Mitchell- Lawshea, 806 F.3d 938, 941 (7th Cir. 2015). … But, as we have repeatedly explained, an interlocutory appeal is available only if this court can review the denial of qualified immunity as a matter of law. Johnson v.

    Cited 3 timesPublished
  • Dunn, Natasha A. v. City of Elgin

    347 F.3d 641 · Court of Appeals for the Seventh Circuit · Oct 20, 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. … Qualified immunity protects govern- mental officers performing discretionary functions “insofar as their conduct does not violate clearly established statu- tory or constitutional rights of which a reasonable person would

    Cited 1 timesPublished
  • McKinney, Timothy v. Duplain, Robert

    463 F.3d 679 · Court of Appeals for the Seventh Circuit · Sep 12, 2006

    , the issue whether the federal right allegedly infringed was clearly established . . . .” … U.S.] at 317, typically, the issue whether the federal right allegedly infringed was clearly established, . . .”

    Cited 1 timesPublished
  • Herbert Williams v. City of Chicago

    733 F.3d 749 · Court of Appeals for the Seventh Circuit · Oct 24, 2013

    Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not 14 No. 12-3249 violate clearly established statutory … right was clearly established at the time of the alleged violation.

    Cited 144 timesPublished
  • Sachin Gupta v. Chad Melloh

    19 F.4th 990 · Court of Appeals for the Seventh Circuit · Dec 6, 2021

    The doctrine of qualified immunity protects govern- ment officials from liability for civil damages in situations in which their conduct does not violate a clearly established stat- utory or constitutional right. … Qualified immunity under § 1983 extends to police officers unless (1) they violated a federal statutory or consti- tutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.”

    Cited 145 timesPublished
  • Gabriella Siler v. City of Kenosha, Wisconsin

    957 F.3d 751 · Court of Appeals for the Seventh Circuit · Apr 29, 2020

    Addressing first the claim against Officer Torres, the dis- trict court granted Officer Torres’s motion for summary judgment on the ground of qualified immunity. … Siler cannot establish that Officer Torres violated a clearly established right, he is entitled to qualified immunity even if he em- ployed unreasonable force. See Mullenix v. Luna, 136 S.

    Cited 66 timesPublished
  • Gonzalez v. Village of West Milwaukee

    671 F.3d 649 · Court of Appeals for the Seventh Circuit · Feb 2, 2012

    Claims of qualified immunity involve two inquiries: (1) whether the official violated a constitu- tional or statutory right, and (2) whether the right was clearly established at the time of the alleged misconduct. … No. 10-2356 21 clearly established under the state or federal constitu- tions at the time of Gonzalez’s arrests, the officers are entitled to qualified immunity. B.

    Cited 42 timesPublished
  • Walter E. Edwards v. Veronica Cabrera and Harry T. Redmond

    58 F.3d 290 · Court of Appeals for the Seventh Circuit · Jun 20, 1995

    “Qualified immunity shields [officers] from suit for damages if ‘a reasonable officer could have believed [Edwards’ arrest] to be lawful, in light of clearly established law and the information the officers possessed.’ ” … In this case, the officers are entitled to qualified immunity if they had probable cause to arrest Edwards.

    Cited 59 timesPublished
  • Dawn Hanson v. Chris LeVan

    Court of Appeals for the Seventh Circuit · Jul 21, 2020

    Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well‐ pleaded allegations, taken as true, do not “state a claim of vi‐ olation of clearly established law.” … that the plaintiffs stated a claim for a violation of a clearly established right, barring qualified immunity at this point in the litigation.

    Cited 0 timesPublished
  • Jo Whitlock v. Shawn Brown

    Court of Appeals for the Seventh Circuit · Feb 24, 2010

    actions were unconstitutional in light of clearly established law? … Brown is entitled to qualified immunity.

    Cited 0 timesPublished
  • Maurice Lewis v. City of Chicago

    914 F.3d 472 · Court of Appeals for the Seventh Circuit · Jan 23, 2019

    “Qualified immunity attaches when an official’s conduct does not violate clearly established statuto- ry or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … Qualified immunity requires a two- part inquiry: we must determine (1) whether facts alleged or shown by a plaintiff make out a violation of a constitutional right, and (2) if so, whether that right was clearly established

    Cited 304 timesPublished
  • Annamma A. Ezekiel and Al Ezekiel v. Jaime T. Michel and United States of America

    66 F.3d 894 · Court of Appeals for the Seventh Circuit · Sep 26, 1995

    Michel was appointed (to serve as a resident physician in training in the VA hospital under the supervision and direction of the VA hospital medical staff) clearly establishes that he was a federal employee rather than an … Under 38 U.S.C. § 7406 , the Secretary may establish residency and internship positions and appoint qualified persons to such positions (without regard to civil service or classification laws, rules or regulations), and “

    Cited 264 timesPublished
  • May, Gregory v. Sheahan, Michael F.

    Court of Appeals for the Seventh Circuit · Sep 8, 2000

    III Government officials performing discretionary functions are entitled to a qualified immunity that shields them from damages liability "insofar as their conduct does not violate clearly established statutory or … were clearly established at the time in question.

    Cited 0 timesPublished

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