Case law

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.

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

United States v. Davis Cole, Also Known as Cozy Cole

41 F.3d 303 · Court of Appeals for the Seventh Circuit · Jan 30, 1995

BACKGROUND Cole was a deputy voter registrar in Springfield, Illinois, and, as such, he was authorized to register voters and to assist qualified voters in obtaining absentee ballots. … Where an indictment does not enumerate the necessary elements of the alleged crime clearly and fully, the statute must set forth the elements. 4 Hamling v.

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.

Arredondo, David v. Huibregtse, Peter

Court of Appeals for the Seventh Circuit · Sep 8, 2008

Arredondo has not established that reasonable jurists could debate whether the Wisconsin appellate court acted contrary to, or unreasonably applied, clearly established Supreme Court precedent when it deter- mined that the … Wilson, 519 F.3d 366, 368 (7th Cir. 2008) (“The Supreme Court has held that a right becomes ‘clearly established’ only when a course of decisions has established how the Constitution’s grand generalities apply to a class

Scott Spatz v. Weyerhaeuser Company

Court of Appeals for the Seventh Circuit · Jan 8, 2019

Oakley, 279 S.W.3d 527, 528 (Ky. 2009)) (Kentucky contractor immunity statute provides immunity from suit and is thus immediately appealable), with Freeman v. Kohl & Vick Mach. … The case involved a public official who, the Ninth Circuit decided, violated a constitutional right but prevailed on qualified-immunity grounds because the right was not clearly established. Id. at 703.

Raybestos Products Company, a Delaware Corporation v. Gilbert W. Younger, an Individual, and Transgo, a California Corporation

54 F.3d 1234 · Court of Appeals for the Seventh Circuit · Apr 6, 1995

Instead, as the Indiana statute clearly indicates, only the defendant’s intent that the plaintiff change his course of conduct is necessary to establish “intimidation.” … In light of the factual setting of this case, we do not believe extension of the privilege would further anything but the interests of those who wish to use the immunity defense as a “cloak” for continued defamation.

Shaw Steel, Inc v. Morris, Hewlett E.

Court of Appeals for the Seventh Circuit · Aug 11, 2000

The district court held that the bankruptcy court correctly found that Morris’s debt to Shaw Steel did not qualify for an exemption from discharge on the ground that Shaw Steel did not reasonably rely on the representations … Although Shaw Steel acknowledges its burden to establish that it reasonably relied on Morris’s statements, it contends that the bankruptcy court applied too strict a standard of reasonableness.

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).

Albert Garza v. Harold G. Miller, Warden

688 F.2d 480 · Court of Appeals for the Seventh Circuit · Sep 10, 1982

Such a showing was necessary to establish a violation of equal protection. Id. … Section 4123 of 18 U.S.C., upon which Garza also relies, is addressed only to the establishment of new industries. 4 .

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.

United States v. Lloyd T. Liss

103 F.3d 617 · Court of Appeals for the Seventh Circuit · Feb 24, 1997

We review factual findings for clear error, and a finding is clearly erroneous when “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that … Instead, the Court has directed us to consider “whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by

United States v. Jeffrey Parkhurst

865 F.3d 509 · Court of Appeals for the Seventh Circuit · Jul 25, 2017

Government: Your Honor, this witness has been qualified as an expert and can testify to his training and experience and why this ad struck him. … He’s been qualified as an expert in online investigations. He’s able to testify as to ... his experience and give his expert opinion.

United States v. Kenneth Schmitt

770 F.3d 524 · Court of Appeals for the Seventh Circuit · Oct 20, 2014

The issue of motive was relevant at trial to establish that Schmitt possessed the firearm. … Schmitt’s sale of illicit drugs facilitated his purchase and possession of the AR-15 rifle, and we cannot say that the court’s determination that the enhancement applied was clearly erroneous.

Estate of Woll ex rel. Woll v. United States

44 F.3d 464 · Court of Appeals for the Seventh Circuit · Dec 30, 1994

His estate included the assets of two trusts, one a revocable trust established by Albert during his lifetime (the “Albert A. … Woll Qualified Terminable Interest Property Trust” (“SWT”) which would provide income to Sarah during her lifetime.

Transit Express Inc v. Ettinger, Joel P.

246 F.3d 1018 · Court of Appeals for the Seventh Circuit · Apr 12, 2001

Circular 9070.1E sets forth requirements that FTA recipients (state agencies) must adhere to when providing sub-grants to qualifying entities, such as non-profit organizations, under the Section 5310 program. … FTA Circular 9070.1E clearly states that the principal authority and responsibility for administering the program resides with the designated state agency.

United States v. Thurlester Wilson

479 F.2d 936 · Court of Appeals for the Seventh Circuit · May 23, 1973

Because Wilson did not clearly raise in the trial court the ground which he now claims requires reversal of his conviction, we hold that he is not in a position to challenge any reasonable inferences from or any claimed lack … Moreover, as to all of "the alleged prejudicial statements, we observe that they would qualify as harmless error under the rule of Harrington v.

Home Insurance v. Chicago & Northwestern Transportation Co.

56 F.3d 763 · Court of Appeals for the Seventh Circuit · May 23, 1995

The plain meaning of the phrase “if any unit is destroyed ... from any cause whatever” clearly encompasses the accident in this case. … The parties did not submit any relevant custom or usage of the trade to establish a latent ambiguity.

United States v. William J. Osborne, Thomas E. Hanna and Joseph Urbano, Jr., Also Known as Toby Urbano

931 F.2d 1139 · Court of Appeals for the Seventh Circuit · Jun 6, 1991

The commentary to this guideline qualifies the requirement for issuing of tentative findings with ‘where appropriate,’ thus suggesting the district court has discretion on this matter. … If the Sentencing Commission wished to establish a special downward adjustment for all drug couriers, it could easily have done so.

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.