Case law

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.

Samuel Colaizzi and Samuel Indovina v. Daniel Walker, (Former) Governor of Illinois

812 F.2d 304 · Court of Appeals for the Seventh Circuit · Apr 8, 1987

I do not differ with Judge Posner’s articulation of the appropriate criterion for invoking qualified immunity; rather, I read the relevant case law as clearly establishing the plaintiff’s right to due process under that standard … In order to establish the defense of qualified immunity, an official must show that his conduct did not violate clearly established constitutional rights of which a reasonable person would have known. Harlow v.

Belcher, Ryan L. v. Norton, Vaughn

Court of Appeals for the Seventh Circuit · Aug 15, 2007

“If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id. at 202; see also Malley v. Briggs, 475 U.S. 335, 341 (1986). … If such a constitutional violation is established, it then becomes necessary to address whether the constitutional right clearly was established at the time in question. Id.

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”.

Miller v. Turner

26 F. App'x 560 · Court of Appeals for the Seventh Circuit · Dec 18, 2001

For the same reason, the district court correctly granted summary judgment to Wardens Turner and Clark based on qualified immunity. … Thus, an official is personally liable for his or her unlawful actions if, “assessed in light of the legal rules that were clearly established at the time it was taken,” those actions were legally and objectively unreasonable

Springer v. Durflinger

518 F.3d 479 · Court of Appeals for the Seventh Circuit · Feb 29, 2008

The defendants raised numerous defenses in response, including qualified immunity, and moved for summary judgment. … would violate a person’s clearly established constitutional rights.

Myers, Cynthia v. Hasara, Karen

Court of Appeals for the Seventh Circuit · Sep 5, 2000

qualified immunity was not justified. … to the injury were clearly established at the time.

Day v. Sorci

45 F. App'x 536 · Court of Appeals for the Seventh Circuit · Sep 3, 2002

In November 2000, Sorci moved to dismiss Day’s complaint for failure to state a claim, see Fed.R.Civ.P. 12(b)(6), and in the alternative asserted an affirmative defense of qualified immunity. … The district court concluded that, although Day’s right to walk into the Daley Center was constitutionally protected, there was no clearly established right that could prevent court officials from ejecting him from the premises

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.

Alice Foster and William Allen v. J. Zeeko and Guy Dibello

540 F.2d 1310 · Court of Appeals for the Seventh Circuit · Sep 16, 1976

We are not persuaded that it was a clearly established constitutional right, either in 1971 or at the present time, that one could attend a party at which marijuana smoking took place with complete immunity from the possibility … “The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.”

Marion v. City of Corydon, Indiana

559 F.3d 700 · Court of Appeals for the Seventh Circuit · Mar 23, 2009

He claimed that defendants violated his Fourth Amendment rights and that the officials were not entitled to qualified immunity. … An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated constitutional rights. Pearson v.

Levenstein, Joseph H v. Salafsky, Bernard

Court of Appeals for the Seventh Circuit · Jul 11, 2005

The qualified immunity ruling spelled the end of his personal capacity claims for damages. … If and only if so, then the court must determine whether the right was clearly established in the light of the specific context of the case. Id.

Ienco, Joseph P. v. City of Chicago

Court of Appeals for the Seventh Circuit · Apr 12, 2002

Qualified Immunity Finally, there is the familiar matter of qualified immunity. … Second, we ask whether that right was clearly established at the time that the disputed conduct took place.

Priscilla Conners v. Robert Wilkie

984 F.3d 1255 · Court of Appeals for the Seventh Circuit · Jan 14, 2021

In addition, the undisputed evidence shows that prior to her accident, Conners’s job duties also included administer- ing immunizations, supervising corpsmen who helped with immunizations, and managing the front desk. … Undue hardship is a defense and does not come into play until Conners establishes her prima facie case.

Charles Thomas v. Warden Frank J. Pate, Luther W. Miller v. Illinois Department of Correction

516 F.2d 889 · Court of Appeals for the Seventh Circuit · Mar 31, 1975

Strickland, 420 U.S. 308, 322 , 95 S.Ct. 992, 1001 , 43 L.Ed.2d 214 (1975), while expressly limited to “the specific context of school discipline,” represents the Supreme Court’s most recent consideration of qualified immunity … We believe that applying either the “qualified immunity” standards of Wood or those formulated as a “good faith defense” for prison officials in our decisions of Haines v.

Baird v. Board of Education for Warren Community Unit School District No. 205

389 F.3d 685 · Court of Appeals for the Seventh Circuit · Nov 12, 2004

for absolute or qualified immunity. … However, public officials are entitled to qualified immunity if their actions violate “clearly established statutory or constitutional rights then known to a reason- able officer.” Id. at 16.

Zych v. Unidentified, Wrecked & Abandoned Vessel

19 F.3d 1136 · Court of Appeals for the Seventh Circuit · Mar 21, 1994

Congress can alter, qualify, or supplement admiralty law as it sees fit in the exercise of its wide discretion. O’Donnell v. … The exception to the common law doctrine of federal sovereign immunity alluded to in The Davis does not apply to the state sovereign immunity established by the Eleventh Amendment. III.

Sonnleitner, Harold v. York, Stanley

Court of Appeals for the Seventh Circuit · Sep 12, 2002

How- ever, under the second prong of the qualified immunity analysis, Sonnleitner has failed to establish that this right was clearly established at the time of the alleged violation. … The individual defendants are entitled to qualified immunity because Sonnleitner has failed to carry his burden of establishing the exis- tence of a clearly established constitutional right to a pre-demotion hearing as to

Fernando Lopez v. Sheriff of Cook County

993 F.3d 981 · Court of Appeals for the Seventh Circuit · Apr 9, 2021

The prong-two clearly-established-law assessment does not require a case with identical factual circumstances, lest qualified immunity become absolute immunity. See Kisela, 138 S. Ct. at 1152. … Given the lack of clearly established law, Officer Raines is entitled to qualified immunity as to the first shot. From here the case gets much harder.

Comsys Incorporated v. Frank Pacetti

Court of Appeals for the Seventh Circuit · Jun 20, 2018

Qualified immunity protects public employees who do not violate clearly established law. … should not be enti- tled to qualified immunity on that claim.