Case law

Charles Peter Allison v. Donald N. Snyder, Jr., Mark S. Carich, and Michael L. Holmes

332 F.3d 1076 · Court of Appeals for the Seventh Circuit · Jun 19, 2003

The answer is no; it is not clearly established (indeed, it is not the law) that self-accusatory programs and polygraph machines are forbidden when treating sex offenders. … The three appellants prevail on the merits, without any need for qualified immunity. Reversed.

Robert Lickiss v. Mary Drexler, Formerly the Sheriff of Tazewell County, and Ralph Hodgson, Sheriff of Tazewell County

141 F.3d 1220 · Court of Appeals for the Seventh Circuit · Jun 30, 1998

“Because qualified immunity is immunity from suit, not merely a defense to liability, and effectively is lost if a case erroneously is permitted to go to trial, the denial of qualified immunity is a final appealable order … Therefore his clearly established due process rights were denied. Muscare v. Quinn, 520 F.2d 1212 (7th Cir.1975). The balancing test of Pickering v.

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

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”). 

Moore v. Taylor

30 F. App'x 632 · Court of Appeals for the Seventh Circuit · Mar 7, 2002

The officers asserted the affirmative defense of qualified immunity and attempted to depose Moore on six occasions. On the first four attempts, Moore failed to appear. … to assert their qualified immunity defense.

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.

James W. Kerr v. Catherine J. Farrey and Lloyd Lind

95 F.3d 472 · Court of Appeals for the Seventh Circuit · Aug 27, 1996

Qualified Immunity Kerr’s claim for damages against the prison officials leads us directly to the question of qualified immunity, which the prison officials have urged as an alternate ground for affirmance on appeal. … Qualified immunity is available to shield government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

David Novoselsky v. Dorothy Brown

Court of Appeals for the Seventh Circuit · May 10, 2016

Qualified Immunity on First Amendment Claim  We  turn  next  to  Brown’s  qualified  immunity  defense  to  Novoselsky’s § 1983 First Amendment retaliation claim.  … And without a cognizable claim for  retaliation,  Novoselsky  cannot  demonstrate  a  violation  of  “clearly established statutory or constitutional rights of which  a reasonable person would have known.” 

Vose, Ronald v. Kliment, Donald

Court of Appeals for the Seventh Circuit · Oct 26, 2007

immunity against Vose’s claims because the applicable law on the rights of government employees to speak out was not clearly established at the time of the events. … Secondly, they claim that the rights Vose alleges were violated were not clearly established at the time of the relevant events.

Bleavins, John C. v. Bartels, Joel H.

Court of Appeals for the Seventh Circuit · Mar 15, 2001

Alternatively, appellants assert that should we find that the plain view doctrine does not apply, they should be entitled to qualified immunity based on the fact that no clearly-established law would have informed them that … In determining whether qualified immunity applies, we must consider "’(1) whether the plaintiff has asserted a violation of a federal constitutional right, and (2) whether the constitutional standards implicated were clearly

Cygnar v. City of Chicago

865 F.2d 827 · Court of Appeals for the Seventh Circuit · Jan 4, 1989

MATHIS'S QUALIFIED IMMUNITY (RACE DISCRIMINATION) 70 Mathis finally contends that he is immune from damages under the doctrine of qualified "good faith" immunity set forth in Harlow v. … Mathis is entitled to qualified immunity on this issue of racial discrimination.

Finsel, Charles F. v. Cruppenink, Thomas

Court of Appeals for the Seventh Circuit · Apr 21, 2003

Cruppenink filed a motion for summary judg- ment based on qualified immunity as to his entry into the motel room. … Accordingly, the decision of the district court deny- ing Deputy Cruppenink’s motion for qualified immunity is AFFIRMED.

Dennis Anderson v. Gilberto Romero and Arthur Douglas

72 F.3d 518 · Court of Appeals for the Seventh Circuit · Dec 15, 1995

The defendants moved to dismiss the complaint, citing the qualified immunity of public officers from suits for damages. … Taken together with other evidence, they might show that the law had been clearly established.

Milazzo v. O'Connell

108 F.3d 129 · Court of Appeals for the Seventh Circuit · Feb 28, 1997

Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights … were ‘clearly established’ at the time it was taken, id., at 818 [ 102 S.Ct., at 2738 ].”

Larry Charbert Hayes v. James R. Thompson

637 F.2d 483 · Court of Appeals for the Seventh Circuit · Dec 18, 1980

Strickland rule, the immunity defense would be unavailing to [the prison officials] if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or … as not clearly erroneous, we conclude that the members of the Committee acted in good faith and are, therefore, immune from money damages.

Albert J. Sullivan v. Mary Flannigan, Superintendent, and Sam Parwatikar, Psychiatrist

8 F.3d 591 · Court of Appeals for the Seventh Circuit · Nov 1, 1993

“Qualified immunity” shields government officials from liability for discretionary acts that do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … This policy did not violate clearly established constitutional rights, and thus defendants have qualified immunity for their treatment of Sullivan before 1990. Sherman, 987 F.2d at 409 .

Chelios v. Heavener

520 F.3d 678 · Court of Appeals for the Seventh Circuit · Mar 21, 2008

Qualified Immunity The doctrine of qualified immunity shields from liability public officials *691 who perform discretionary duties. Belcher v. Norton, 497 F.3d 742, 749 (7th Cir.2007). … A plaintiff may discharge the burden of showing that the constitutional right was clearly established by showing that there is “a clearly analogous case establishing a right to be free from the specific conduct at issue”

Lindell v. Pollard

681 F. App'x 518 · Court of Appeals for the Seventh Circuit · Mar 17, 2017

Still, the court concluded, the Waupun defendants have qualified immunity because inmates do not have a clearly established right to sort through contraband or mail it to anyone. … Moreover, we see no reason to muddy the waters with an unnecessary discussion of qualified immunity.

Billings v. Madison Metropolitan School District

259 F.3d 807 · Court of Appeals for the Seventh Circuit · Aug 2, 2001

Qualified Immunity An official entitled to qualified immunity is not only immune from personal liability but also from suit. See Saucier v. Katz, 121 S. Ct. 2151, 2156 (2001). … Zabel is entitled to qualified immunity.

Patrick Dockery v. Sherrie Blackburn

Court of Appeals for the Seventh Circuit · Dec 19, 2018

Qualified Immunity A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … Qualified-immunity analysis usually entails a two-step inquiry: we ask (1) whether the facts alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly