Case law

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  • Goudy v. Cummings

    922 F.3d 834 · Court of Appeals for the Seventh Circuit · May 1, 2019

    Cummings and Napier urge us to frame the qualified immunity issue regarding the notes as follows: "whether it was clearly established in 1994 that an initial denial of involvement by a suspect, when that suspect later admits … It cannot be the case that the qualified-immunity inquiry is so specific that materiality depends on the outcome of a trial.

    Cited 33 timesPublished
  • Silva v. State

    917 F.3d 546 · Court of Appeals for the Seventh Circuit · Feb 22, 2019

    Qualified Immunity Finally, though the individual defendants did not assert a qualified immunity defense in their motion for summary judgment, they did raise it in their answer to plaintiff's second amended complaint. … Qualified immunity protects an official from money damages "unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the

    Cited 215 timesPublished
  • Trust & Investment Advisers, Inc. v. Hogsett

    43 F.3d 290 · Court of Appeals for the Seventh Circuit · Dec 19, 1994

    Immunity 38 TIA also challenges the district court's conclusion that Dant was immune from damages under the doctrines of qualified, and in the alternative, absolute immunity. … As a government official performing discretionary functions that she had no reason to believe violated TIA's clearly established constitutional rights, Dant is immune from this suit for damages. IV.

    Cited 3 timesPublished
  • Woods v. City Of Michigan City

    940 F.2d 275 · Court of Appeals for the Seventh Circuit · Aug 15, 1991

    that "whether an official may prevail in his qualified immunity defense depends upon the 'objective reasonableness of his conduct as measured by reference to clearly established law.' " Davis v. … The officers, thus, did not knowingly violate Woods' clearly established rights. Qualified immunity was properly granted to the police officers.

    Cited 23 timesPublished
  • John K. Maciver Inst. for Pub. Policy, Inc. v. Schmitz

    885 F.3d 1004 · Court of Appeals for the Seventh Circuit · Mar 21, 2018

    "Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established … There is no serious dispute that MacIver's interpretation of the SCA was not "clearly established" at the time defendants' warrants were issued.

    Cited 19 timesPublished
  • Mannoia, Jeffrey v. Farrow, David G.

    Court of Appeals for the Seventh Circuit · Feb 7, 2007

    In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity . . . but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir. 2004).

    Cited 0 timesPublished
  • Derrick Neely-Beytarik-El v. Daniel Conley

    Court of Appeals for the Seventh Circuit · Jan 2, 2019

    Turning to the issue of qualified immunity, Mr. Neely-Bey asserted that it was clearly established that IDOC could not restrict his right to practice his religion ex- cept when required by penological interests. Mr. … Qualified immunity shields government officials from civil “liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable per- son would have known.’”

    Cited 0 timesPublished
  • Smith, Horace E. v. City of Chicago

    242 F.3d 737 · Court of Appeals for the Seventh Circuit · Mar 6, 2001

    The district court held that the defendants were entitled to qualified immunity because a reasonable person would not find that the officers violated Smith’s clearly established constitutional rights. … Police officers are entitled to qualified immunity for actions taken during a stop or arrest "’insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

    Cited 1 timesPublished
  • Abre Jackson v. Marc Anastacio

    Court of Appeals for the Seventh Circuit · Aug 25, 2025

    Even if a trial were to establish that Jackson was deprived of a liberty interest, defendants would still be entitled to qualified immunity from any damages rem- edy because the applicable law was not clearly established at … Regardless, the qualified immunity inquiry is not close.

    Cited 0 timesPublished
  • Van Den Bosch v. Raemisch

    658 F.3d 778 · Court of Appeals for the Seventh Circuit · Sep 15, 2011

    The court found defendants were entitled to qualified immunity on the First Amendment claim because Van den Bosch failed to meet his burden of showing it was “clearly established” in 2007 that pro- hibiting distribution of … clearly established at the time of defendant’s alleged misconduct.”

    Cited 114 timesPublished
  • Ray Haynes v. Indiana University

    902 F.3d 724 · Court of Appeals for the Seventh Circuit · Sep 4, 2018

    Patricia Hardré, one of Brush’s proposed reviewers, put Haynes’s “overall research performance in a gr[ay] area of clearly satisfactory[] but not clearly excellent.” … The University argues that sovereign immunity completely bars Haynes’s action for monetary damages. This is clearly correct with respect to the University and the Board of Trustees.

    Cited 59 timesPublished
  • Thad D. Lowe v. James E. Letsinger

    772 F.2d 308 · Court of Appeals for the Seventh Circuit · Aug 29, 1985

    We note that the clerk may still enjoy immunity under the qualified immunity doctrine. … Under this doctrine a public official is shielded from liability if, when he engaged in the alleged violative conduct, the law was not so clearly established that he should have known that it was unconstitutional conduct,

    Cited 91 timesPublished
  • Samuel Colaizzi and Samuel Indovina v. Daniel Walker, Governor, State of Illinois Donald Page Moore, Etc., and Lauri Staples

    655 F.2d 828 · Court of Appeals for the Seventh Circuit · Aug 5, 1981

    . *830 The district court granted Summary Judgment upon a finding that defendants had established the defense of qualified good faith immunity as a matter of law. … good faith immunity had been established as a matter of law.

    Cited 5 timesPublished
  • Gerald C. Vickers v. Scott Mellinger, Doris Maxey and Pat Lakey, R.N.

    16 F.3d 1226 · Court of Appeals for the Seventh Circuit · Jan 21, 1994

    The qualified immunity defense protects government officials performing discretionary functions "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … A defendant is entitled to the qualified immunity defense if at the time of the conduct, it was not clearly established that the conduct violated the constitution. Siegert v. Gilley, 111 S.Ct. 1789, 1793 (1991). 12 Mr.

    Cited 0 timesPublished
  • Harriett L. McMillan v. Gerald Svetanoff

    793 F.2d 149 · Court of Appeals for the Seventh Circuit · Jun 10, 1986

    It is well established that judges are immune from liability for their judicial acts, even when they act maliciously or corruptly. Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978). … We do not discuss qualified immunity because that doctrine was not raised. However, it is interesting to note that qualified immunity was rejected by the Eighth Circuit in Goodwin v. Circuit Court of St.

    Cited 32 timesPublished
  • Samuel Colaizzi and Samuel Indovina v. Daniel Walker, Governor, State of Illinois

    542 F.2d 969 · Court of Appeals for the Seventh Circuit · Sep 14, 1976

    While we hold that the complaint states a § 1983 claim against defendants Walker, Moore and Staples, we do not mean to imply that a qualified good-faith immunity may not be available to them. See Wood v. … Immunity aside, defendants may be able to establish the truth of the charges made.

    Cited 88 timesPublished
  • Lott, Ricky v. Pfizer, Incorporated

    Court of Appeals for the Seventh Circuit · Jun 25, 2007

    The qualified immunity doctrine assumes that state officials are aware of existing case law and holds officials liable only if they violate clearly established and particularized rights. See Brosseau v. … By contrast, if clearly established law did not foreclose a defendant’s basis for removal, then a district court should not award attorneys’ fees.

    Cited 0 timesPublished
  • Abre Jackson v. Marc Anastacio

    Court of Appeals for the Seventh Circuit · Aug 25, 2025

    Even if a trial were to establish that Jackson was deprived of a liberty interest, defendants would still be entitled to qualified immunity from any damages rem- edy because the applicable law was not clearly established at … Regardless, the qualified immunity inquiry is not close.

    Cited 0 timesPublished
  • Abre Jackson v. Marc Anastacio

    Court of Appeals for the Seventh Circuit · Aug 25, 2025

    Even if a trial were to establish that Jackson was deprived of a liberty interest, defendants would still be entitled to qualified immunity from any damages rem- edy because the applicable law was not clearly established at … Regardless, the qualified immunity inquiry is not close.

    Cited 0 timesPublished
  • Atterberry, Jeffrey v. Sherman, Leonard

    Court of Appeals for the Seventh Circuit · Jul 7, 2006

    In any event, we need not resolve this issue because qualified immunity, the main focus of the parties’ arguments, more clearly leads us to find in favor of the state actors. … The Supreme Court has advised that, to proceed in the face of a qualified immunity defense, a plaintiff must establish that there was a violation of a constitutional right; only if such a showing is made should the court

    Cited 0 timesPublished

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