Case law

D.B. Ex Rel. Kurtis B. v. Kopp

725 F.3d 681 · Court of Appeals for the Seventh Circuit · Aug 2, 2013

The district court granted the motion and entered final judgment, holding that Riniker had absolute prosecutorial immunity and that the complaint failed to state a claim for any constitutional violation. … City of Chicago, 690 F.3d 829, 833 (7th Cir. 2012) (“To establish municipal liability [under § 1983 and Monell], a plaintiff must show the existence of an official policy or other governmental custom that not only causes

Maung Zar Kay v. John Ashcroft, United States Attorney General

387 F.3d 664 · Court of Appeals for the Seventh Circuit · Oct 29, 2004

The Immigration Court, upon receiving his Change of Address Notice, delayed his hearing but clearly stated it would be held in Chicago. … This sentence (albeit an understatement of the human rights situation in Burma) clearly supports Kay’s position.

Chrysler Credit Corporation v. Louis Joliet Bank and Trust Co.

863 F.2d 534 · Court of Appeals for the Seventh Circuit · Nov 28, 1988

The Illinois land trust is a species of trust that, unlike other trusts, is immune to the doctrine of merger under most circumstances. … In this case, the bank clearly did not purchase Mr. Benson’s interest in the land trust.

Curtis J. Pidgeon v. Judy P. Smith

785 F.3d 1165 · Court of Appeals for the Seventh Circuit · May 13, 2015

In fact, however, this advice was incorrect—the Dane County conviction did not qualify as a serious felony offense, meaning that Pidgeon did not face the possibility of life imprisonment. … Discussion Respondent does not appeal the district court’s determi- nation that the Wisconsin Court of Appeals unreasonably applied clearly established federal law when it denied Pidg- eon an evidentiary hearing on his

P.R. Mallory & Co., Inc. v. National Labor Relations Board

389 F.2d 704 · Court of Appeals for the Seventh Circuit · Dec 26, 1967

At other times, as in the instant case, the questioned statements do not of themselves clearly indicate whether they are protected or proscribed. … And when our customers established relationships with our competitors, and were satisfied with the deliveries and the qualities and the prices of our competitors, could we get them back after the strike ?

Wisconsin Community Services, Inc. v. City of Milwaukee

465 F.3d 737 · Court of Appeals for the Seventh Circuit · Sep 26, 2006

The court next considered whether WCS had established that its requested accommodation was necessary. … By requiring measures that are “necessary to avoid discrimination on the basis of disability,” 28 C.F.R. § 35.130 (b)(7), the regulation clearly contemplates that prophylactic steps must be taken to avoid discrimination.

Aiying Li v. Lynch

614 F. App'x 840 · Court of Appeals for the Seventh Circuit · Jun 18, 2015

Because Li waived her religion claim and the IJ did not clearly err in concluding that her evidence of the forced abortion was too vague and weak to carry her burden of proof, we deny the petition. … Because Li could not meet the less demanding burden of proof for asylum, the IJ concluded that Li did not qualify for withholding of removal or CAT protection.

Rosario v. Retirement Board of Policemen's Annuity & Benefit Fund

743 F.3d 531 · Court of Appeals for the Seventh Circuit · Feb 19, 2014

Even assuming that this establishes the first two elements of the officers’ equal protection claim, the Board’s decision is not irrational. The Board is authorized to calculate retiring officers’ pension credits. … For the same reason, we need not address the affirmative defenses (raised by the defendants on appeal), including qualified and absolute immunity, res judicata, and the Rooker-Feldman doctrine.

Tyrone Nichols v. United States

75 F.3d 1137 · Court of Appeals for the Seventh Circuit · Jan 26, 1996

On the limited record before us, I do not see how the court's finding was the least bit erroneous, let alone clearly so. … This omission is important for, as discussed above, couriers often do not qualify as minor participants.

Washington, Vonaire v. Smith, Judy

Court of Appeals for the Seventh Circuit · Jul 6, 2000

Washington claims that he was denied his right to effective assistance of counsel under Strickland, and "[i]t is past question that the rule set forth in Strickland qualifies as ’clearly established Federal law, as determined … Such decisions would be "contrary to" clearly established federal law within the meaning of sec. 2254(d)(1). See id. at 1519.

Corral, Jose H. v. United States

Court of Appeals for the Seventh Circuit · Aug 13, 2007

Moreover, telephone records from the prison establish that Herrera Corral’s phone calls to his lawyer were in fact blocked as Herrera Corral described. … Herrera Corral has therefore established a successful ineffective assistance of counsel claim and he is entitled to an appeal.

United States v. Larry Liefer, George Sharos, and Charles Patterson

778 F.2d 1236 · Court of Appeals for the Seventh Circuit · Dec 4, 1985

Boroni, 758 F.2d at 225 (uncorroborated and vague allegations of immunized witness fall short of clear and convincing). … The Assistant United States Attorney either knew or should have known that this evidence was clearly inadmissible.

Lokmar Y. Abdul-Wadood, and Mario Holsinger v. Dawn MacMillillan and Mark Levenhagen

103 F.3d 133 · Court of Appeals for the Seventh Circuit · Dec 4, 1996

All of plaintiffs' individual claims are based on the existence of the vested month system. 3 Defendants are entitled to qualified immunity, see Harlow v. … Fitzgerald, 457 U.S. 800 (1982), because no constitutional right to be free from a vested month type of system was clearly established as a matter of law at the time of the alleged violations.

Bailey v. Roob

567 F.3d 930 · Court of Appeals for the Seventh Circuit · Jun 8, 2009

Background The Medicaid for the Disabled program in Indiana provides medical coverage and benefits to individuals who suffer from a qualifying disability. … “It is well established that the decision by a district court to enter a finding of civil contempt is discretionary and we review it only to determine if there was an abuse of discretion or its entry was clearly erroneous

Rogers Cartage Co. v. Interstate Commerce Commission

595 F.2d 379 · Court of Appeals for the Seventh Circuit · Mar 27, 1979

The record establishes, furthermore, that none of Ruan's three competitors would be significantly affected. … It is well established that: 26 * * * existing carriers have no absolute immunity against future competition.

Healy, Dennis v. City of Chicago

450 F.3d 732 · Court of Appeals for the Seventh Circuit · Jun 16, 2006

And I—and I asked him what part [City Hall] didn’t understand, and he told me that I spoke too clearly, and he said they didn’t like the way it was done. … Moreover, even if the record contained direct evidence establishing that Ms. Rice knew of Mr.

United Steelworkers of America, Afl-Cio-Clc, and United Steelworkers of America, Local Union 15271 v. Danly MacHine Corporation

852 F.2d 1024 · Court of Appeals for the Seventh Circuit · Jul 26, 1988

Clearly, the primary issue at the time of arbitration was whether DiSandro was entitled to S & A benefits. 5 It was incumbent upon Danly to raise all arguments with regard to that issue at the arbitration proceeding. … Field Enterprises, Inc., 747 F.2d 1153, 1157 (7th Cir.1984), “[t]he long-established federal policy of settling labor disputes by arbitration would be seriously undermined if parties kept available information from the arbitrator

Josephine Kaszuk v. Bakery and Confectionery Union and Industry International Pension Fund

791 F.2d 548 · Court of Appeals for the Seventh Circuit · Jun 20, 1986

But the standard of review will be the familiar one of whether the District Court was “clearly erroneous” in its factual findings and whether it “abused” its traditional discretion to locate “a just result” in light of the … Second, only spouses who survived a participant and who were married to that participant for at least one year prior to the participant’s death qualified for the pension.

Susan Bentz v. City of Kendallville

Court of Appeals for the Seventh Circuit · Aug 14, 2009

The district court granted summary judgment to the defendants, holding that they were immune from liability under both federal and state law. Leonelli filed a notice of appeal. He later died on September 28, 2008. … As the Court recognized, in no setting “is the zone of privacy more clearly defined than when bounded by the unambiguous physical dimensions of an individual’s home.” Payton, 445 U.S. at 590.

Tai v. Shinseki

325 F. App'x 444 · Court of Appeals for the Seventh Circuit · May 5, 2009

First, Tai asserts that for each position, she was more qualified than the chosen applicant. … better qualified for the position at issue.”