Case law

Carlson, Phillip D. v. Gorecki, Mary E.

Court of Appeals for the Seventh Circuit · Jun 29, 2004

Finally, based on this record, Gorecki is not entitled to qualified immunity. … The cloak of qualified immunity is re- moved from a government official if the plaintiffs show that the law prohibiting the government official’s conduct was “clearly established.” Gregorich v.

Kirk Chrzanowski v. Louis Bianchi

725 F.3d 734 · Court of Appeals for the Seventh Circuit · Aug 2, 2013

  avail  themselves  of  qualified  immunity.”  …   established  that  defendants  cannot  avail  themselves  of  qualified immunity.” 

Amy Harnishfeger v. United States

943 F.3d 1105 · Court of Appeals for the Seventh Circuit · Dec 3, 2019

Qualified Immunity Defendants also sought summary judgment on the de‐ fense of qualified immunity, arguing that Kopczynski did not violate clearly established constitutional law by demanding No. 18‐1865 … It is “an undeniable fact about balanc‐ ing tests,” such as Pickering’s, “that they produce a wide gray area between the clearly legal and the clearly illegal, and the rules of qualified immunity require giving the benefit

Korf v. Ball State University

726 F.2d 1222 · Court of Appeals for the Seventh Circuit · Feb 8, 1984

The defendants filed a motion to dismiss alleging that: (1) they possessed immunity both under the Eleventh Amendment and the doctrine of qualified immunity; (2) none of Dr. … doctrine of qualified or “good faith” immunity.

David Saxner and Alfred Cain, Jr., Cross-Appellants v. Charles Benson, Cross-Appellees

727 F.2d 669 · Court of Appeals for the Seventh Circuit · Feb 13, 1984

effect of qualified immunity is limited. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (defense of qualified immunity unavailable if actions clearly are at variance with established constitutional right). .

John C. Bleavins v. Joel H. Bartels, Roger Bay, and Vernon McGregor

243 F.3d 393 · 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

Fuller, James E. v. Dillon, Linda A.

Court of Appeals for the Seventh Circuit · Jan 10, 2001

Thus, the record clearly establishes that Dr. … It is also important to understand that when reviewing decisions based on qualified immunity, we must determine whether the defendant’s actions were objectively reasonable in light of the clearly established law at the time

Taajwar K. Rasheed-Bey, Formerly Known as Lorenzo Stone v. Jack R. Duckworth, Warden, Henry Abbott, Jr., Ron Maddox

969 F.2d 357 · Court of Appeals for the Seventh Circuit · Jul 22, 1992

immunity. … Accordingly, we affirm the district court’s judgment on the basis of “no liability” rather than on the basis of qualified immunity. II.

Raul Molina, Jackie Molina, and Chad Molina and Joshua Molina, by and Through Their Parents and Next Friends Raul and Jackie Molina v. Gary Cooper

325 F.3d 963 · Court of Appeals for the Seventh Circuit · Apr 15, 2003

The officers, who are all sued in their individual capacities, assert a qualified immunity defense. … Even if it was not, the officers would be entitled to qualified immunity.

Cannaday v. Sandoval

458 F. App'x 563 · Court of Appeals for the Seventh Circuit · Feb 2, 2012

if Cannaday’s rights were violated, the defendants were entitled to qualified immunity. … It added that qualified immunity also shielded the officers from liability for entering Canna-day’s house before getting the warrant because Cannaday had failed to establish that no reasonable officer would have believed

Carl Woods v. Indiana University-Purdue University at Indianapolis

996 F.2d 880 · Court of Appeals for the Seventh Circuit · Jun 14, 1993

immunity in Section 1983 actions: whether the legal proposition at issue was “clearly established.” … The section 1983 cases cited elsewhere in the majority opinion make no reference to qualified immunity or to whether the legal proposition at issue was clearly established. See Hill v.

McNair, Victor R. v. Coffey, Sean

Court of Appeals for the Seventh Circuit · Jan 29, 2002

If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. 121 S.Ct. 2151, 2156 (2001). … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Zed Daniels v. Richard L. Kieser

586 F.2d 64 · Court of Appeals for the Seventh Circuit · Nov 7, 1978

The district court concluded that defendant had available to him only the good faith defense attendant on the qualified immunity available to public officials. … Absolute immunity would protect the defendant from liability for any official act regardless of whether the wrongdoing was intentional or even malicious, whereas qualified immunity would afford protection only for official

Michael Seiser v. City of Chicago

762 F.3d 647 · Court of Appeals for the Seventh Circuit · Aug 12, 2014

.4 Qualified immunity bars a civil claim for damages against a government official when the official is performing a discretionary function and her conduct does not violate clearly established rights of which a reasonable … Phillips, 664 F.3d 232, 236–37 (8th Cir. 2011) (official who acts outside clearly estab- lished scope of his discretionary authority is not entitled to assert qualified immunity) (collecting cases).

Hosty v. Carter

325 F.3d 945 · Court of Appeals for the Seventh Circuit · Apr 10, 2003

Her claim is that the law was not clearly established that her request to review and approve the Innovator prior to printing might violate the student editors' rights under the First Amendment. 8 Qualified immunity protects … And so we conclude that Dean Carter does not enjoy qualified immunity in this suit. 21 Unrelated, at least directly, to the qualified immunity issue are a few minor matters we can quickly dispatch.

Barbara Payne v. Michael Pauley

337 F.3d 767 · Court of Appeals for the Seventh Circuit · Jul 9, 2003

Officer Pauley is immune from suit, however, if those rights were not clearly established at the time of her arrest such that it would have been clear to a reasonable officer that Pauley’s conduct was unlawful. … Officer Pauley is not entitled to qualified immunity for arresting Payne without probable cause.

VICTOR R. MCNAIR AND TRÉ K. MCNAIR v. SEAN COFFEY

279 F.3d 463 · Court of Appeals for the Seventh Circuit · Jan 29, 2002

According to Saucier, the first question whenever a public official asserts qualified immunity must be whether that official violated the Constitution at all. 533 U.S. 200 -01, 121 S.Ct. at 2155-56 . … established “in light of the specific context of the case”.

Vaughn Neita v. City of Chicago

Court of Appeals for the Seventh Circuit · Aug 26, 2025

Qualified Immunity We now turn to the core of the officers’ defense at sum- mary judgment: qualified immunity. … Clearly Established Law “A right is clearly established when it is ‘sufficiently clear that every reasonable official would have understood that what he is doing violates that right.’” Rivas-Villegas v.

Edward Nekolny, Patrick Dumas, and Maria L. Dahms v. Ann B. Painter, Individually and as Supervisor of Lyons Township, Defendant

653 F.2d 1164 · Court of Appeals for the Seventh Circuit · Aug 14, 1981

We are unpersuaded that the district court should have immunized Painter from individual liability in this action. Painter also contends that the trial judge erroneously failed to grant her qualified immunity. … Qualified immunity was not available to the defendant here.

Khuans v. School District 110

123 F.3d 1010 · Court of Appeals for the Seventh Circuit · Sep 2, 1997

Therefore, qualified immunity will apply unless (1) the conduct alleged in the complaint sets forth a constitutional violation and (2) the constitutional standards were clearly established at the time of the alleged violation … I would resolve that claim by looking to the second part of the test for qualified immunity, namely, whether the constitutional standards applicable to his behavior were clearly established at the time of the alleged violation