Case law

Gary Betts v. Boone County, Illinois

Court of Appeals for the Seventh Circuit · Jun 15, 2026

Rather, the Court “declined to af- ford qualified immunity to a municipality despite the good faith of its individual officers.” Capra v. Cook Cnty. … Holding municipalities immune from liability whenever their final policymakers disregard their own written policies would serve to encourage city leaders to flout such rules. . . .

United States v. Smith, Anthony A.

Court of Appeals for the Seventh Circuit · May 8, 2001

Ross, 468 U.S. 1, 16 (1984), petitioner’s claim does not qualify as such. … Therefore, petitioner is unable to establish cause for his default. Bousley, 523 U.S. at 622-23 (some citations omitted).

United States v. Charles Kroledge, Kathleen Kroledge A/K/A Kathy Kroledge, Tony L. Kroledge and Ethel Juanita Kroledge

201 F.3d 900 · Court of Appeals for the Seventh Circuit · Jan 7, 2000

The FBI contacted Martha, and the agency granted Martha and Gilbert immunity from prosecution in exchange for their cooperation in the investigation of the fire. … Contrasting these cases with the facts of Kikumu-ra, we find that this does not qualify as a rare instance where a higher standard might be justified. 2.

Mid-America Regional Bargaining Association v. Will County Carpenters District Council

675 F.2d 881 · Court of Appeals for the Seventh Circuit · Apr 13, 1982

The Court qualified this statement by noting that Unilaterally, and without agreement with any employer group to do so, a union may adopt a uniform wage policy and seek vigorously to implement it even though it may suspect … Both the statutory and nonstatutory labor exemptions served to immunize the defendants’ activities from antitrust liability. The order of the district court is AFFIRMED. 1 .

United States v. John Wysinger

683 F.3d 784 · Court of Appeals for the Seventh Circuit · Jun 22, 2012

The agent thus continued to draw a distinction between “questioning” and “advice,” both of which qualify as interrogation under well-established standards when the “advice” is likely to elicit an incriminating response. … The government asserts that, even absent the video, the evidence at trial establishing Wysinger’s guilt was “overwhelming.”

Ross T. Moylan v. The Meadow Club, Inc.

979 F.2d 1246 · Court of Appeals for the Seventh Circuit · Nov 17, 1992

So the evidence was not introduced to establish that somehow Mr. … In all the cases plaintiff cites on this point, counsel violated established rules for closing argument. See Gonzalez v.

Gregory Shell v. United States

448 F.3d 951 · Court of Appeals for the Seventh Circuit · May 23, 2006

As Shell has failed to show that DEA agents in any way restrained his liberty, he has not established an illegal seizure for Fourth Amendment purposes. … To qualify for a *958 Franks hearing to evaluate such an assertion, Shell would have to make a substantial preliminary showing that: (1) the application for the warrant contained false statements or omitted information; (

Delvin C. Payton v. County of Carroll

473 F.3d 845 · Court of Appeals for the Seventh Circuit · Jan 18, 2007

Under Landgraf , the court first looks to see whether the legislature clearly indicated what the temporal reach of the new law should be. … No plaintiffs claim could be, or is, typical of so broad a class as plaintiffs seek to establish.

Lora S. Ilhardt v. Sara Lee Corporation, a Maryland Corporation

118 F.3d 1151 · Court of Appeals for the Seventh Circuit · Jun 26, 1997

She did not accept the new job, however, as she did not consider herself qualified for some of its duties and as the job required extensive travel, which she preferred not to do. … The unrefuted evidence clearly shows, however, that her position was eliminated as part of the RIF in June, although she was allowed to continue working until she took her maternity leave in October.

Fredrick Laux v. Dushan Zatecky

Court of Appeals for the Seventh Circuit · May 17, 2018

While  the  record  does  not  clearly  establish whether or not Laux’s trial lawyer ever spoke to his  sister, compare Supp.  … First,  the  approach  indicated  in  Ritchie  is  not  wrong  as  a  matter of clearly established federal law, but it can easily be  misapplied outside of Ritchie’s peculiar context—the decision‐ makers relevant to Ritchie

Gary Betts v. Boone County, Illinois

Court of Appeals for the Seventh Circuit · Jun 15, 2026

Rather, the Court “declined to af- ford qualified immunity to a municipality despite the good faith of its individual officers.” Capra v. Cook Cnty. … Holding municipalities immune from liability whenever their final policymakers disregard their own written policies would serve to encourage city leaders to flout such rules. . . .

United States v. Sorich

523 F.3d 702 · Court of Appeals for the Seventh Circuit · Apr 15, 2008

If Congress desires to go further, it must speak more clearly than it has. Congress then spoke. … Showing misuse for private gain means showing an intent to reap private gain; it is well established that a fraudulent scheme that does not actually cause harm is still actionable. See Durland v.

International College Of Surgeons v. City Of Chicago

153 F.3d 356 · Court of Appeals for the Seventh Circuit · Aug 1, 1996

In order to qualify for that exception, the owner must prove that the denial of the permit will result in the loss of "all reasonable and beneficial use of or return from the property." … Similar to the law governing its claim under the Illinois Takings Clause, the law governing ICS' nondelegation claim is well established.

United Thermal Industries, Inc. v. Asbestos Training & Employment, Inc.

920 F.2d 1345 · Court of Appeals for the Seventh Circuit · Jan 30, 1991

But “[o]n the other hand, the same language could support the conclusion that A.T.E.I. was simply to provide a trained, qualified labor force to work on the project described in the agreement.” Id. … In addition, and more important than his oral comments, the magistrate’s written findings clearly indicate that he found the requisite ambiguity. Mem. and Order at 8-9. III.

20 Employee Benefits Cas. 2543, Pens. Plan Guide P 23930x Gail Swaback, Individually and on Behalf of the Estate of David Swaback, Deceased v. American Information Technologies Corporation, Illinois Bell Company, Ameritech Employees Benefit Committee

103 F.3d 535 · Court of Appeals for the Seventh Circuit · Dec 20, 1996

Swaback did not meet the requirements for a lump sum distribution because he was not on the active payroll, and the SPD clearly states, in writing, that employees may not elect lump sum pensions directly from SADP status. … Swaback qualified to receive payments due to his inability to work by reason of sickness.

King v. General Electric Co.

960 F.2d 617 · Court of Appeals for the Seventh Circuit · Mar 30, 1992

A plaintiff must ‘establish a prima facie case that such a [discriminatory] policy existed.’ … Because a judge tries Title VII cases, we review those verdicts under a clearly erroneous standard. Sears, 839 F.2d at 309 .

Mary Thompson Hospital, Inc. v. National Labor Relations Board, Local 399, International Union of Operating Engineers, Intervening

621 F.2d 858 · Court of Appeals for the Seventh Circuit · Mar 5, 1980

Training and Maintenance: Worker must have progressive experience as a fireman, stationary boiler and in tending various types of smaller and lower pressure boilers before qualifying for tending boilers of specific horsepower … Clearly, this statement specifically contravenes the holding in St.

Fyfe, Patrick J. v. City Fort Wayne IN

Court of Appeals for the Seventh Circuit · Feb 22, 2001

Because any difference in overtime hours is clearly "due to a factor unrelated to gender, there is no violation." Lindale v. … Fyfe’s effort to establish a prima facie case under an indirect theory also fails.

71 Fair empl.prac.cas. (Bna) 1154, 68 Empl. Prac. Dec. P 44,269 Roy Johnson v. City of Fort Wayne, Indiana, Fort Wayne Fire Department of City of Fort Wayne, Indiana, Paul W. Helmke, as Mayor of the City of Fort Wayne, Indiana

91 F.3d 922 · Court of Appeals for the Seventh Circuit · Jul 31, 1996

Barnes' affidavit clearly states, however, that it is the rank held by Mr. Johnson during the antecedent year--1992--that determines the grade at which his vacation pay ought to have been paid. … Johnson was also qualified for the position, is insufficient to cast doubt on the defendants' proffered reason.

In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor. Appeal of United States of America, Soo Line Railroad, Intervening-Respondent

830 F.2d 758 · Court of Appeals for the Seventh Circuit · Sep 28, 1987

The Bankruptcy Act clearly commands that "[c]laims which are not filed [whether timely or otherwise] ... shall not be allowed." 11 U.S.C. … CONCLUSION 48 The government is entitled to interest on its tax claim at the rate established in the modified 1985 Plan approved by the reorganization court.