Case law

Dawson v. Pastrick

600 F.2d 70 · Court of Appeals for the Seventh Circuit · May 31, 1979

The legislative history of the Act clearly evinces Congress’ intention that the Act apply in then pending litigation, see Wharton v. … (a) All promotions to any rank shall be from the next immediate lower rank and provided that the person to be promoted shall have qualified in time of service as designated by the commission .

Virginia Simpson v. Borg-Warner Automotive, Inc.

196 F.3d 873 · Court of Appeals for the Seventh Circuit · Nov 18, 1999

Simpson and Borg-Warner disagree whether company policy clearly barred the removal of tags from these parts in these circumstances. Simpson reported the worker to Ames. … Conclusion Because Simpson failed to show an adverse employment action, she has not established a prima facie case of Title VII sex discrimination.

United States v. Sutton

77 F. App'x 892 · Court of Appeals for the Seventh Circuit · Oct 7, 2003

Sutton maintains that Officer Curwick never gave him a Miranda warning and that the district court clearly erred in finding otherwise. … Law enforcement officers are qualified based on their experience and familiarity with the drug trade to identify drugs.

United States v. Marcus Dixon

137 F.4th 592 · Court of Appeals for the Seventh Circuit · May 7, 2025

The use immunity provided by Simmons is therefore not contingent on the existence of disputed, material facts. … Not a single contention is backed up by clearly articulated factual charges. None is worthy of a hearing.”).

Devin Seats v. Mindi Nurse

Court of Appeals for the Seventh Circuit · Sep 24, 2025

This all brings us to the instant case, where, through coun- sel, Seats filed a §2254 petition arguing that the Illinois Appel- late Court’s decision not to remand his case for resentencing was contrary to clearly established … established Federal Law’ or ‘was based on an unreasonable determination of the facts.’”

Manuel Joaquim MacEdo Etc. v. The Boeing Company, Keith L. Boskoff, Etc. v. Transportes Aereos Portugueses, Etc.

693 F.2d 683 · Court of Appeals for the Seventh Circuit · Nov 23, 1982

Plaintiffs argue that a second forum does not qualify as an alternative forum unless each defendant was amenable to process in the second forum when plaintiff began his action. … Some idea of the type of evidence available to establish the landing speed and location would have made the motion more persuasive.

United States v. Patrick L. Stitman

472 F.3d 983 · Court of Appeals for the Seventh Circuit · Jan 10, 2007

Stitman argues that the district court clearly erred in applying a three-level enhancement to his sentence under § 2B3.1(b)(2)(E) of the Sentencing Guidelines. … Other circuits, following the Application Notes, have explicitly held that a hand can qualify as such an “object” for purposes of § 2B3.1(b)(2)(E). See, e.g., United States v.

East St. Louis 100 v. Bellon Wrecking

Court of Appeals for the Seventh Circuit · Jul 6, 2005

A court abuses its discretion when it commits an error of law or makes a factual finding that is clearly erroneous. Id. at 13. … Even if this is true, it establishes only that Bellon’s actions may harm the union; it does not prove that the harm will be irreparable.

Indiana Vote by Mail, Inc. v. Paul Okeson

Court of Appeals for the Seventh Circuit · Oct 6, 2020

Indiana’s absentee-voting laws “ma[ke] casting a ballot easier for” voters who fall into any of thirteen qualifying categories. Kramer v. Union Free Sch. Dist. … Board of Election Commissioners of Chicago, 394 U.S. 802 (1969), establishes a rigid rule that the fundamental right to vote does not include a right to cast an absentee bal- lot.

Nucor Corporation v. Aceros Y Maquilas De Occidente, S.A. De C.V.

28 F.3d 572 · Court of Appeals for the Seventh Circuit · Jun 24, 1994

The negotiations at that meeting concerned the sale of secondary steel, which qualifies as “goods” under Indiana Code § 26-1-2-105(1). … He confirmed, as well, that Aceros never entered into a contract with NUCOR. 14 The evidence clearly establishes, therefore, that the purchase orders were exchanged in separate transactions.

Grahl v. United States

261 F. 487 · Court of Appeals for the Seventh Circuit · Oct 7, 1919

This, clearly, was an act of special grace in favor of aliens who were alien enemies during that war, and who when that war ended no longer needed the grace. … In 1798 Congress established executive control of alien enemies.

DeWalt, Anthony v. Carter, Lamark

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

In Preiser, the Court clearly limited its holding to actions involving the "heart" of habeas--the fact or duration of imprisonment. … DeWalt qualifies as the kind of de minimis use of force that does not constitute cruel and unusual punishment. Compare Lunsford v.

United States v. Jose Medina-Mendoza

Court of Appeals for the Seventh Circuit · Aug 12, 2009

Therefore, the district court did not clearly err in finding that Mendoza’s recruitment of Rodriguez to store the cocaine qualified Mendoza for the § 3B1.1(c) enhancement. … Mendoza’s greater role in the con- spiracy is also established by the evidence that he exer- cised control over the conspiracy as well as the evidence that he recruited Rodriguez to join in the conspiracy.

United States v. Joseph Ienco

182 F.3d 517 · Court of Appeals for the Seventh Circuit · Aug 27, 1999

To qualify as a lawful Terry stop, a detention must be limited in scope and executed through the least restrictive means. United States v. Novak, 870 F.2d 1345, 1352 (7th Cir.1989). … In Hoffman , this court held that the unlawful arrest of multiple defendants convicted of a conspiracy to transport in interstate commerce counterfeit money orders did not immunize them from prosecution and testimony of their

United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, Defendants

779 F.2d 1191 · Court of Appeals for the Seventh Circuit · Nov 26, 1985

Prevention in such circumstances is clearly preferable to attempts to cure. … This provision clearly applies to the original indictment.

United States v. Jesse T. Griffin

194 F.3d 808 · Court of Appeals for the Seventh Circuit · Oct 14, 1999

He claims that no eviden-tiary foundation was laid — no lab reports or other credible evidence — to establish that Hemphill qualified as an expert who was able to testify about the composition of crack cocaine. … We hold that the district court did not clearly err in concluding that the substance in question was crack cocaine. 3.

United States v. Rodriguez-Cardenas

Court of Appeals for the Seventh Circuit · Mar 31, 2004

(n.3(A)); see Corral, 324 F.3d at 874, and so Rodriguez-Cardenas, as the proponent of the reduction, was required to establish that he played a much smaller role than Gutierrez, Corral, 324 F.3d at 874. … Therefore the court did not clearly err because it reasoned that the role played by Rodriguez-Cardenas was no less significant than that of Gutierrez. See Corral, 324 F.3d at 874.

Donald Nicodemus v. City of South Bend

137 F.4th 654 · Court of Appeals for the Seventh Circuit · May 15, 2025

On its face, Indiana’s buffer law regulates conduct rather than the content of speech itself, and should qualify as con- tent-neutral. Id. at 798. … We also observe that an officer’s enforcement of Indiana’s buffer law is constrained by clearly established law in our cir- cuit that police may not order people to disperse just because they are exercising their right to

Indiana Vote by Mail, Inc. v. Paul Okeson

Court of Appeals for the Seventh Circuit · Oct 6, 2020

Indiana’s absentee-voting laws “ma[ke] casting a ballot easier for” voters who fall into any of thirteen qualifying categories. Kramer v. Union Free Sch. Dist. … Board of Election Commissioners of Chicago, 394 U.S. 802 (1969), establishes a rigid rule that the fundamental right to vote does not include a right to cast an absentee bal- lot.

Mcdonald v. United Air Lines, Inc.

745 F.2d 1081 · Court of Appeals for the Seventh Circuit · Dec 5, 1984

The illegal discrimination embodied in the "no-marriage" rule has been established and is no longer at issue. … Rather, the defendant had the burden of proving that a candidate would not have been otherwise qualified or that there were no vacancies.