Case law

West, Edwin v. Schwebke, Kurt

Court of Appeals for the Seventh Circuit · Jun 20, 2003

Defendants now pursue an interloc- utory appeal, arguing that qualified immunity entitles them to an immediate end to what is left of the litigation. See Behrens v. Pelletier, 516 U.S. 299 (1996). … No. 02-4298 5 Qualified immunity is available unless the rules of law on which plaintiffs rely are so clearly established that a reasonable state actor is bound to understand

George Rakovich v. Gregory Wade and Darryl Drake, George Rakovich v. Chester Kass

819 F.2d 1393 · Court of Appeals for the Seventh Circuit · May 27, 1987

Qualified immunity was not available to the defendants here. … liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Fozyia Huri v. Office Chief Judge Cook County

Court of Appeals for the Seventh Circuit · Oct 21, 2015

First, the district court’s cursory dismissal of Defendants  Filishio and Lawless on qualified immunity grounds was er‐ ror.5  The  validity  of  a  qualified  immunity  defense  is  re‐ viewed de novo.  … Qualified  immunity  is  improper  where,  as  here, the asserted right is clearly established at the time the  conduct  occurred  (or  constitutes  an  obvious  violation  of  a  constitutional  right). 

Charles Quilico v. Sidney J. Kaplan and Samuel Solomon

749 F.2d 480 · Court of Appeals for the Seventh Circuit · Dec 14, 1984

congressional intent and the statutory scheme of Chapter 73 of Title 38 establishing the Department of Medicine and Surgery. … Since a grant of immunity under section 4116 to physicians and surgeons employed on a temporary basis for a fixed period of time under section 4114 furthers the section 4114 goal of improving the recruitment of the most qualified

Thompson v. Duke

882 F.2d 1180 · Court of Appeals for the Seventh Circuit · Aug 14, 1989

Cross, 635 F.2d 476, 481 (5th Cir.1981) (not addressing an absolute immunity claim, but stating that parole board members enjoy qualified immunity); Thompson v. … The Court did not consider any claims of immunity, either absolute or qualified. We thus cannot import any particular significance to the Court's use of the word "administrative."

Earl Robinson v. John E. Bergstrom

579 F.2d 401 · Court of Appeals for the Seventh Circuit · Jun 13, 1978

The immunity discussed by this Court in John was held to be a qualified immunity, likened to that of state prosecutors.I. 2 Although John possibly could have formed the basis of the district court’s holding, the court ruled … Rather, immunity is an affirmative defense which may defeat the section 1983 claim once that subject matter jurisdiction has been established. See, e. g., Stump v.

Michael Evans v. Anthony Katalinic, Fred Hill, William Mosher

445 F.3d 953 · Court of Appeals for the Seventh Circuit · Apr 26, 2006

The defendants asserted qualified immunity and have appealed from the district court’s decision rejecting that defense. But there’s something odd about the appeal. … The point of permitting interlocutory appeals from the denial of qualified immunity is to allow the appellate court to determine whether the alleged behavior violated clearly established law— a purely legal question.

Lewis v. Downey

581 F.3d 467 · Court of Appeals for the Seventh Circuit · Sep 4, 2009

To defeat a defense of qualified immunity, Lewis must demonstrate (1) that the guard’s conduct violated his constitutional rights, and (2) that the violated right was clearly established at the time of the alleged misconduct … To remove from Shreffler the shield of qualified immunity, the right that he allegedly violated must be clearly established “ ‘in a particularized sense.’ ” Hill, 992 F.2d at 718 (quoting Juriss v.

Brokaw, C.A. v. Mercer County

Court of Appeals for the Seventh Circuit · Dec 19, 2000

child is nebulous at best, social workers and other state actors who cause a child’s removal are entitled to qualified immunity because the alleged constitutional violation will rarely--if ever--be clearly established. … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

Tamayo v. Blagojevich

526 F.3d 1074 · Court of Appeals for the Seventh Circuit · May 27, 2008

allegations that anticipate and overcome a defense of qualified immunity.”). … Tamayo’s complaint as true, the defendants violated a clearly established constitutional right; therefore, a grant of quali *1091 fied immunity is inappropriate at this point in the proceedings. E.

Moss, William H. v. Martin, Timothy

Court of Appeals for the Seventh Circuit · Jan 3, 2007

Qualified Immunity The IDOT defendants raise the defense of qualified immunity as an alternative basis on which to affirm judgment in their favor, arguing that the law on this issue was not clearly established at the time … Judgment on the pleadings in favor of the IDOT defendants on the basis of qualified immunity is therefore inappropriate.

William Tollie Lowrance v. George Pflueger

878 F.2d 1014 · Court of Appeals for the Seventh Circuit · Jul 10, 1989

We therefore affirm the district court’s grant of summary judgment to Sheriff Shannon on qualified immunity grounds. 6 III. … An officer’s subjective beliefs are irrelevant for qualified immunity purposes. Anderson, 107 S.Ct. at 3040 .

Hannon v. Turnage

892 F.2d 653 · Court of Appeals for the Seventh Circuit · Feb 13, 1990

Hannon's clearly established rights and are thereby entitled to qualified immunity. The defendants alternatively argue that they took no personal action that could have exposed them to liability. … Hannon to defeat the defendants' claim of qualified immunity, he must show that he had a clearly established property interest in continued employment with the VA. See Board of Regents v.

Cavalieri, Joann v. Shepard, Donald

Court of Appeals for the Seventh Circuit · Feb 24, 2003

Ryan, 957 F.2d 402, 406 (7th Cir. 1992), was clearly established prior to 1998. … The threshold in- quiry we must undertake in a qualified immunity anal- ysis is whether plaintiff’s allegations, if true, establish a constitutional violation. Saucier v. Katz, 533 U.S. 194, 201 (2001).

Reinee Hildebrandt v. Illinois Department of Natural Resources and Richard Little

347 F.3d 1014 · Court of Appeals for the Seventh Circuit · Oct 30, 2003

Little was entitled to qualified immunity because it was not clearly established that giving a lower raise within a set guideline range, that was presented to Mr. … We have stated that qualified immunity shields a governmental official from § 1983 liability if “either the federal law he is asserted to have breached was not clearly established at the time of the alleged violation or there

Derek Burton v. Michael Downey

Court of Appeals for the Seventh Circuit · Oct 8, 2015

 immunity  because their actions were consistent with clearly established  law.  …  right, and (2) wheth‐ er that constitutional right was clearly established at the time  of the alleged violation.” 

Wagner v. Washington County

493 F.3d 833 · Court of Appeals for the Seventh Circuit · Jul 12, 2007

Although we disagree with the court’s legal determination, we affirm the judgment on the alternative ground that the deputies are immune from suit under the doctrine of qualified immunity. I. … That said, we nonetheless uphold the judgment in favor of the deputies because we conclude that they are immune from suit under the doctrine of qualified immunity.

Kurt Zehner, Jerry Glenn, John Alvarado, Individually and on Behalf of Similarly Situated Inmates v. Clarence Trigg, Bruce Brown, John Schilling

133 F.3d 459 · Court of Appeals for the Seventh Circuit · Dec 31, 1997

In the § 1983 context, qualified and absolute immunities for government officials can mean that a given constitutional violation will not have a remedy in damages. … Moreover, the Court implied that Congress could have granted even the non-traditional immunity the City was seeking, if only it had expressed clearly its intention to do so.

Jimmy Henderson v. Sophia Lopez, Individually and as Assistant State's Attorney of Cook County, Illinois

790 F.2d 44 · Court of Appeals for the Seventh Circuit · May 5, 1986

In section 1983 actions, public prosecutors, such as state’s attorneys, enjoy “a qualified immunity when performing administrative or investigatory duties, but an absolute immunity when performing a quasi-judicial role.” … If a government official’s function was quasi-judicial, the official enjoys absolute immunity. If the function was administrative or investigatory, the official enjoys only qualified immunity.

James Walsh v. Pat Ward and Thomas Oseland

991 F.2d 1344 · Court of Appeals for the Seventh Circuit · Apr 28, 1993

There is, of course, little disagreement concerning the basic principles of qualified immunity analysis. … Qualified immunity entitles government officials performing discretionary functions to immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable