Case law

Delaney, Glen v. DeTella, George

Court of Appeals for the Seventh Circuit · Jul 9, 2001

Having found that Delaney has alleged a constitutional violation, we consider whether the right he asserts was clearly established prior to the spring of 1996. "’[C]learly established’ for purposes of qualified immunity means … On this record, Judge Coar was right to deny the qualified immunity plea of all defendants.

Tun, Brandon v. Whitticker, Joselyn

Court of Appeals for the Seventh Circuit · Feb 16, 2005

Analysis of whether qualified immunity applies requires a two-step inquiry. … They are entitled to qualified immunity.

Wernsing, Jenny v. Thompson, Odell

Court of Appeals for the Seventh Circuit · Sep 9, 2005

The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified

William E. Oyler v. National Guard Association of the United States

743 F.2d 545 · Court of Appeals for the Seventh Circuit · Sep 10, 1984

, that under the qualified immunity test utilized by the Supreme Court in Harlow v. … Assuming arguendo that only qualified immunity applied, we are confident the defendants would still be entitled to summary judgment based on their uncontested affidavits which demonstrate that they did not violate clearly

Gerald W. Shields v. David Burge, Individually, and as Superintendent With the Illinois State Police

874 F.2d 1201 · Court of Appeals for the Seventh Circuit · May 15, 1989

Qualified immunity insulates government officials from civil damages liability when the officials’ actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … The precise qualified immunity question we must answer is whether it was clearly established that searching a closed, personal briefcase during a lawful noncriminal search of Shields’ workplace (his state-issued automobile

Eddie Bradley v. Village of University Park, Illinois

59 F.4th 887 · Court of Appeals for the Seventh Circuit · Feb 3, 2023

For purposes of her qual- ified immunity defense, the issue is whether her actions vio- lated clearly established constitutional law. … qualified immunity. See generally Wilson v.

Sparing, Eugene v. Village Olympia

Court of Appeals for the Seventh Circuit · Sep 19, 2001

qualified immunity. … Although Sparing has demonstrated a constitutional violation, he cannot show that the violation was clearly established under the second part of the standard for qualified immunity.

James Newsome v. Helen McCabe (As Personal Representative of the Estate of John McCabe Raymond McNally and City of Chicago

319 F.3d 301 · Court of Appeals for the Seventh Circuit · Feb 10, 2003

Claims of qualified immunity neither require nor authorize de novo appellate review of the evidence. … Saucier made the existence of a constitutional tort the initial inquiry because it’s pointless to decide whether the impropriety of a public actor’s conduct was clearly established at the time the conduct occurred, if the

Jewett, Terrance v. Anders, Dale

Court of Appeals for the Seventh Circuit · Apr 11, 2008

a given set of facts demonstrates a violation of clearly established constitutional law. … In reviewing a district court’s denial of qualified immunity, we cannot “make conclusions about which facts the parties ultimately might be able to establish at trial.” Leaf, 400 F.3d at 1078.

Houston Jones v. Tyson Johnson

26 F.3d 727 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

On the facts that this record presents, taken in the light most favorable to plaintiff, an arrest did not “violate clearly established ... rights of which a reasonable person would have known”. … The three appellants therefore are entitled to qualified immunity on the false arrest claim.

Johnnie Mitchell v. Lonnie Randolph

215 F.3d 753 · Court of Appeals for the Seventh Circuit · Jun 15, 2000

I The standards under which we assess a claim of qualified immunity are by now well established. See generally Siegert v. Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991); Harlow v. … We add only a word about the other part of the test for qualified immunity: whether the right in question was clearly established at the time the public official acted.

Keli Calderone v. City of Chicago

Court of Appeals for the Seventh Circuit · Nov 5, 2020

has not clearly established that right. … Qualified Immunity Public officials enjoy immunity from civil liability for con- duct that “[1] does not violate [2] clearly established statutory or constitutional rights of which a reasonable person would have known

Spiegel v. City of Chicago

106 F.3d 209 · Court of Appeals for the Seventh Circuit · Feb 4, 1997

Instead, the court upheld the district court's dismissal of the suit on the ground of qualified immunity. 11 Officers enjoy qualified immunity so long as their conduct did not violate a statutory or constitutional right that … was clearly established at the time they acted.

Donald Gaddis v. Bryan J. DeMattei

30 F.4th 625 · Court of Appeals for the Seventh Circuit · Apr 1, 2022

Gaddis must make two showings to overcome the officers’ assertion of qualified immunity. … Layne, 526 U.S. 603, 617–18 (1999) (affirming that government officials were entitled to qualified immunity where no “controlling authority in their jurisdiction” clearly established the rule on which the petitioners sought

Auriemma v. Rice

910 F.2d 1449 · Court of Appeals for the Seventh Circuit · Aug 20, 1990

He concluded that it was clearly established based upon objective criteria, that a public official could not use race for making employment determinations and therefore denied qualified immunity. … But in any event it cannot be said that the law was clearly established in 1983. Rice is entitled to qualified immunity on count IV, thus requiring reversal on that count.

Jaclyn Currie v. Jogendra Chhabra

728 F.3d 626 · Court of Appeals for the Seventh Circuit · Aug 20, 2013

As for qualified  immunity  in  particular,  even  though  ideally  an  immunity  defense should be resolved at the earliest stage possible, Ta‐ mayo v.  … Mar.  27,  2013)  (private  medical  employees  failed to establish that they are entitled to assert a qualified  immunity  defense,  “even  after  Filarsky”). 

Ronald Olson v. Champaign County, Illinois

784 F.3d 1093 · Court of Appeals for the Seventh Circuit · Apr 30, 2015

At  this  stage  of  the proceedings,  Sherrick and Shaw are not  entitled  to qualified immunity, and Ziegler is not entitled to absolute  immunity or qualified immunity.  A. … Fitzgerald,  457  U.S.  800,  818–19  (1982)  (holding  that  officials  who  act  objectively  reasonably,  by  reference  to  clearly  established  law,  are  entitled  to  quali‐ fied immunity). 

Chriswell v. O'Brien

570 F. App'x 617 · Court of Appeals for the Seventh Circuit · Sep 3, 2014

O’Brien has taken an interlocutory appeal to contend that he is entitled to the benefit of qualified immunity. … O’Brien also contends that no “clearly established” principle of law prevents an officer from using all the force necessary to obtain “unquestioned command over the situation” (his phrase).

Monfils v. Taylor

165 F.3d 511 · Court of Appeals for the Seventh Circuit · Jan 28, 1999

It is consolidated with Taylor's appeal from the denial of his motion for qualified immunity. … Accordingly, the issue before us is a legal one: whether Taylor's conduct violates a constitutional right which was clearly established in 1992.

Stacey Morrell, Individually and as Next Friend for Joshua Morrell, an Infant v. Philip Mock

270 F.3d 1090 · Court of Appeals for the Seventh Circuit · Nov 1, 2001

No Clearly Established Law We turn next to the second part of the analysis of the defendants’ claim of qualified immunity: whether clearly established law prohibited the defendants’ conduct. … We conclude, therefore, that all defendants are entitled to qualified immunity.