Case law

11 Fair empl.prac.cas. 1448, 11 Fair empl.prac.cas. 659, 10 Empl. Prac. Dec. P 10,465 Helen A. Cohen v. Illinois Institute of Technology, an Illinois Not-For-Profit Corporation

524 F.2d 818 · Court of Appeals for the Seventh Circuit · Nov 26, 1975

discrimination, she has no remedy under either Title VII of the Federal Civil Rights Act of 1964, as amended, 4 or the Illinois Fair Employment Practices Act, 5 although the victim of comparable discrimination occurring today would clearly … The first is clearly stated in the statute: the defendants must have acted 'under color of' state law. 7 The second inheres in the nature of plaintiff's protected rights: he may not be deprived 'of any rights, privileges,

Adam Delgado v. U.S. Department of Justice

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

The Act establishes a procedural obstacle course for em- ployees who invoke its protections. … Evidence only clearly and convincingly supports a conclusion when it does so in the aggregate considering all the pertinent evidence in the record, and despite the evidence that fairly detracts

George Harper and Robert Padilla v. Lieutenant Albert

400 F.3d 1052 · Court of Appeals for the Seventh Circuit · Mar 17, 2005

incident reports and interviews that identified the defendants by name who were present during each phase of the alleged abuse. .The defendant guards claimed, among other things, that they were protected by the doctrine of qualified … immunity as state prison employees.

520 South Michigan v. Shannon, Catherine

Court of Appeals for the Seventh Circuit · Dec 15, 2008

Employees qualified if their employers laid off 100 or more employees, or relocated more than 100 miles away, so long as the employee had worked at the plant at least three years. Id. … Furthermore, the Attendant Amendment does not qualify as a “minimum” labor standard. “Minimum,” as used by the Supreme Court, implies a low threshold.

United States v. Debra Loggins

486 F.3d 977 · Court of Appeals for the Seventh Circuit · May 9, 2007

’s penal interest when made, and (3) corroborating circumstances clearly suggest that the statement is trustworthy. … Nor does a statement by an attorney as to his client’s belief about another person’s state of mind “clearly suggest that the statement is trustworthy.” 2.

Alto Dairy v. Ann Veneman, Secretary of Agriculture, and Continental Dairy Products, Inc., Intervening

336 F.3d 560 · Court of Appeals for the Seventh Circuit · Jul 15, 2003

If it does sell 30 percent there, however, its entire output, not just the 30 percent, qualifies for the region’s blended price. … This provision, as the Court remarked in Darby , “by its very terms, has limited the availability of the doctrine of exhaustion of administrative remedies to that which the statute or rule clearly mandates.” 509 U.S. at 146

United States v. Roberto Gonzalez, Roberto Ramirez, Angel M. Amejeiras, Vicente Chao, Luis Gonzalez, and Rafael Izquierdo

933 F.2d 417 · Court of Appeals for the Seventh Circuit · May 2, 1991

Ramirez, 796 F.2d 212, 216 (7th Cir.1986) (FBI agent properly qualified as an expert to testify to the meaning of code words used during drug transaction); United States v. … This card was probative because the evi-denee clearly established that Chao did, in fact, deliver cocaine to Peña as Quintero had contemplated when Peña exhibited the business card (signal).

Jaleh Banaei v. Timothy Messing

547 F. App'x 774 · Court of Appeals for the Seventh Circuit · Dec 3, 2013

The officers assert in a single sentence that they are entitled to qualified immunity but do not develop this argument apart from contending that they did not waive or forfeit their defense in their filings to the district … Stadfeld, 689 F.3d 705, 712 (7th Cir. 2012); therefore, we do not consider whether qualified immunity applies here.

United States v. Abdelhaleem Ashqar

Court of Appeals for the Seventh Circuit · Oct 2, 2009

Ashqar persisted in his refusal to talk, however, even after the court granted Ashqar immunity and ordered him to testify. … It sup- ported these findings with specific facts in the record, and Ashqar does not argue that these findings are clearly erroneous. This was enough.

Johnathan Lacy v. Cook County, Illinois

897 F.3d 847 · Court of Appeals for the Seventh Circuit · Jul 30, 2018

The primary mandate of Ti- tle II is that “no qualified individual with a disability shall, by 1 The plaintiffs also filed suit under section 504 of the Rehabilitation Act. … We do not think that this conclusion rested on clearly errone- ous factual findings or legal error. See Bell, 800 F.3d at 373.

Denise Coleman v. Patrick R. Donaho

667 F.3d 835 · Court of Appeals for the Seventh Circuit · Jan 6, 2012

Coleman has attempted to establish dis- crimination through both the direct and indirect methods of proof. … McLean Credit Union, 491 U.S. 164, 187-88 (1989) (plaintiff “might seek to demonstrate that [the employer]’s claim to have promoted a better qualified applicant was pretextual by showing that she was in fact better qualified

Sandor Demkovich v. St. Andrew the Apostle Parish

Court of Appeals for the Seventh Circuit · Aug 31, 2020

The First Amend- ment does not require complete immunity from the some- times horrific abuse that defendants’ bright-line rule would protect. … The ministe- rial exception does not confer general immunity from a min- ister’s tort claims or from criminal laws.

United States v. Jeffrey Szakacs, Daniel Spanley, John M. Neff, Tyrone Noble and Brian Baloski

212 F.3d 344 · Court of Appeals for the Seventh Circuit · May 2, 2000

The Guidelines require that the evidence of intended conduct be “established with reasonable certainty,” a standard that does not invite mathematical precision. U.S.S.G. § 2Xl.l(a). … Where we find support in the record for the district court’s finding, we cannot say that it is clearly erroneous. See United States v. Maggi, 44 F.3d 478, 484 (7th Cir.1995).

Molly Joll v. Valparaiso Community Schools

Court of Appeals for the Seventh Circuit · Mar 20, 2020

persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.” … Joll was not clearly bet- ter qualified such that the disparity in qualifications would raise an inference of pretext or discrimination.

Brian Orozco v. Thomas J. Dart

64 F.4th 806 · Court of Appeals for the Seventh Circuit · Apr 6, 2023

Under normal circum- stances, books plainly qualify as property. But the analysis is more complex in the jail context. Per the Handbook, any books in an inmate’s cell beyond the allotted three qualify as contraband. … Qualifying circum- stances under this doctrine are rare, and this is not one of those cases.

Schmidt v. Sheet Metal Workers' National Pension Fund

128 F.3d 541 · Court of Appeals for the Seventh Circuit · Oct 17, 1997

The designation of beneficiaries for such a benefit is to be made on the form established by the Fund Trustees, in accordance with Section 7.05. … Richard thus has not established a violation of section 1133(2).

United States v. DeWayne Cartwright

Court of Appeals for the Seventh Circuit · Dec 29, 2010

The existence of a police policy, city ordinance, or state law alone does not render a particular search or seizure reasonable or otherwise immune from scrutiny under the Fourth Amendment. See Sibron v. … Code § 9-19-6-4(e) (“Either a tail lamp or a separate lamp must be placed and constructed so as to illuminate the rear registration plate with a white light and make the plate clearly legible from a distance of fifty (50)

Charise Pepper v. Village of Oak Park and Leonard Donaire

430 F.3d 805 · Court of Appeals for the Seventh Circuit · Nov 30, 2005

Alternatively, Pepper argued even if Donaire was entitled to qualified immunity, Oak Park remained liable under Monell v. … The deputies were highly experienced in evictions and knew that well-established Illinois law required the landlord to obtain a court order of eviction in order for the eviction to be lawful. Id. at 1247 .

John A. Betts v. United States

10 F.3d 1278 · Court of Appeals for the Seventh Circuit · Nov 29, 1993

The district court agreed: Betts clearly brought about his own prosecution through his own neglect and misconduct. … A separate statute, 28 U.S.C. § 1495 , waives the government’s sovereign immunity and allows suits for wrongful imprisonment in the Claims Court. 5 But section 2513 establishes the conditions under which such relief may be

Roe-Midgett, Paula M v. CC Services, Inc.

Court of Appeals for the Seventh Circuit · Jan 4, 2008

These duties directly relate to CCS’s business operations and reflect a sufficient degree of discretion and independent judgment to qualify for the FLSA’s administrative exemption. … That choice need not be final or otherwise immune from review; an exercise of discretion or independent judgment may “consist of recommendations for action rather than the actual taking of action.” Id. § 541.207(e).