Case law

Shauntae Robertson v. Glendal French

949 F.3d 347 · Court of Appeals for the Seventh Circuit · Feb 4, 2020

There is no reason to assume that a prisoner of limited fi- nancial literacy understands that assets he has not yet re- ceived qualify as assets he “owns.” … On the basis of this record, we conclude that the district court clearly erred in concluding that Robertson engaged in an intentional misrep- resentation.

Phil White v. Indiana Parole Board

266 F.3d 759 · Court of Appeals for the Seventh Circuit · Oct 23, 2001

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State … Saxner, 474 U.S. 193 , 106 S.Ct. 496 , 88 L.Ed.2d 507 (1985) (members of prison disciplinary boards are not treated as judges for the purpose of absolute immunity).

Robert Menier v. Thomas J. Thompson

85 F.3d 631 · Court of Appeals for the Seventh Circuit · Apr 2, 1996

Even if probable cause does not exist, an officer has qualified immunity if he reasonably believed that he had probable cause. Edwards v. Cabrera, 58 F.3d 290, 293 (7th Cir.1995). But see Boyce v. … Officer Thompson is immune. 7 The district court properly granted summary judgment to Polk County, the City of St. Croix Falls and the Village of Luck.

Commodity Futures Trading Commission, Cross-Appellee v. Nelson Bunker Hunt, Cross-Appellants

591 F.2d 1211 · Court of Appeals for the Seventh Circuit · Feb 15, 1979

And the evidence presented in the district court clearly indicates that the individual positions of the family members should be aggregated. … Thus, the third-party defendants enjoy immunity from the Hunts’ damage claims. Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978); Barr v.

Minnesota Mining & Manufacturing Co. v. Platt

314 F.2d 369 · Court of Appeals for the Seventh Circuit · Feb 27, 1963

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … Washington, 369 U.S. 541, 557 , 82 S.Ct. 955, 964 , 8 L.Ed.2d 98 , the Supreme Court, having before it the voir dire examination at the trial of the defendant, said: “A study of the voir dire indicates clearly that each juror

Sierra Club v. United States Environmental Protection Agency

774 F.3d 383 · Court of Appeals for the Seventh Circuit · Dec 16, 2014

. § 7401 et seq., establishes a comprehensive program for controlling and improving the nation’s air quality through both state and federal regulation. … The State’s estimate “should consider emission rates, production capacities, and other related information to clearly show that the air quality improvements are the result of implemented controls.”

Cousins v. City Council of Chicago

466 F.2d 830 · Court of Appeals for the Seventh Circuit · May 25, 1972

In essence, the district court found that no such purpose existed. 6 Judge Fairchild has demonstrated why such findings are clearly erroneous. … It cannot be contended that political gerrymandering has senior status that entitles it to immunity from judicial scrutiny.

McPherson, Leslie D. v. City of Waukegan

Court of Appeals for the Seventh Circuit · Aug 11, 2004

The undisputed facts establish that a hostile work envi- ronment did not result in McPherson’s constructive discharge. … The district court found that the City was immune under the Illinois Tort Immunity Act (ITIA), which provides that “a local public entity is empowered and directed to pay any tort judgment or settlement for compen- satory

Thomas v. Cook County Sheriff's Department

588 F.3d 445 · Court of Appeals for the Seventh Circuit · Dec 1, 2009

The officers do not explain why the evidence, which clearly supports a finding of subjective knowledge, is legally insufficient. They only argue that it is “conflicting and specious.” … The Court noted that the jurors were not instructed on any affirmative defenses that the individual officer may have asserted, nor were they presented with any qualified immunity issues. Id. at 798 , 106 S.Ct. 1571 .

United States v. Tommie T. Childs

256 F.3d 559 · Court of Appeals for the Seventh Circuit · Jul 3, 2001

We review a district court’s probable cause determination de novo, while we defer to subsidiary findings of historical fact unless they are clearly erroneous. Ornelas, 517 U.S. at 699 , 116 S.Ct. 1657 ; United States v. … Indeed, in a case in which there were numerous articulable factors establishing suspicion, we still qualified our finding that reasonable suspicion existed sufficient to conduct a criminal record inquiry during a traffic

Alice v. Prokop and Harry W. Prokop. v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Alice v. Prokop

254 F.2d 544 · Court of Appeals for the Seventh Circuit · May 29, 1958

Prokop contends that if it be held that she retained any of the permit fees *551 for herself (which she denies) such amounts are immune from taxation under the decision of the Supreme Court in Commissioner of Internal Revenue … Petitioners complain that the Tax Court left upon them the burden of establishing error in respondent’s determination of deficiencies and additions.

John Strykowski v. Northeast Illinois Regional Commuter Railroad Corporation, D/B/A Metra/metropolitan Rail, ("Metra")

30 F.3d 136 · Court of Appeals for the Seventh Circuit · Jun 28, 1994

A. 6 Addressing the threshold question first, whether Metra is vested with sufficient state characteristics to qualify for sovereign immunity under the Eleventh Amendment is a factual determination. … B. 11 Turning to the first exception, we next examine whether Congress, in FELA, has clearly expressed an intent to abrogate Eleventh Amendment protection to the states in federal court.

Carl E. Thomas v. Guardsmark, Inc.

381 F.3d 701 · Court of Appeals for the Seventh Circuit · Aug 27, 2004

On this basis, Illinois courts have held that an employee’s suspension does not qualify as a “discharge” for purposes of a retaliatory discharge action and has therefore rejected such claims. See, e.g., Melton v. Cent. … (“So long as the employer’s message that the employee has been involuntarily terminated is clearly and unequivocally communicated to the employee, there has been an actual discharge, regardless of the form such discharge

Paul Benjamin West v. The Western Casualty and Surety Company, a Corporation, Defendant

846 F.2d 387 · Court of Appeals for the Seventh Circuit · Jun 23, 1988

Although a statement may be technically true, it may be considered fraudulent if necessary qualifying material is omitted. … The burden of establishing that an award is clearly excessive is on the defendant. See C.A.R. Leasing, 108 Ill.Dec. at 175 , 508 N.E.2d at 336 .

Linda Reed v. State of Illinois

808 F.3d 1103 · Court of Appeals for the Seventh Circuit · Oct 30, 2015

It would have been prudent for the judge, having no reason to think himself qualified to distinguish between pauses attributable to normal and therefore censurable indecisive *1107 ness and pauses attributable to a serious … In the plaintiffs personal-injury suit, she was in no position, being pro se and seriously disabled, to establish the applicability to her case of the federal laws against disability discrimination.

Rebecca Woodring v. Jackson County, Indiana

Court of Appeals for the Seventh Circuit · Feb 2, 2021

Clearly, no single test governs all Establishment Clause challenges. The Supreme Court has candidly acknowledged that its Establishment Clause cases are “Januslike.” … Valente, 456 U.S. 228, 244 (1982) (Establishment Clause clearly commands that “one re- ligious denomination cannot be officially preferred over an- other”).

Rebecca Woodring v. Jackson County, Indiana

Court of Appeals for the Seventh Circuit · Feb 2, 2021

Clearly, no single test governs all Establishment Clause challenges. The Supreme Court has candidly acknowledged that its Establishment Clause cases are “Januslike.” … Valente, 456 U.S. 228, 244 (1982) (Establishment Clause clearly commands that “one re- ligious denomination cannot be officially preferred over an- other”).

Carlson, Matthew S. v. Jess, Cathy

Court of Appeals for the Seventh Circuit · May 19, 2008

established federal law. … Nevertheless, “[a] federal court can 3 The district court did not address Carlson’s argument that the court of appeals’ decision was contrary to, or an unrea- sonable application of, clearly established federal law.

Aneta Hadzi-Tanovic v. Robert Johnson

Court of Appeals for the Seventh Circuit · Mar 16, 2023

Nevertheless, it is well established that federal district and circuit courts do not have jurisdiction to review such state court decisions. … and immunity grounds).

Pivot Point International, Incorporated, Cross-Appellee v. Charlene Products, Incorporated and Peter Yau

372 F.3d 913 · Court of Appeals for the Seventh Circuit · Aug 10, 2004

Charlene points to various places in the record that establish that Mara is used for this purpose and is, therefore, a useful article subject to the limiting language of § 101. … In creating the RIBBON Rack, the designer ... clearly adapted the original aesthetic elements to accommodate and further a utilitarian purpose.