Case law

David M. Murrell v. Matthew J. Frank, Secretary

332 F.3d 1102 · Court of Appeals for the Seventh Circuit · Jun 23, 2003

Under the AEDPA, a state prisoner who petitions for a writ of habeas corpus must establish that the state court adjudication of his case was “contrary to, or involved an unreasonable application of, clearly-established Federal … That clearly is not the case.

Westefer, Robert v. Snyder, Donald

Court of Appeals for the Seventh Circuit · Sep 6, 2005

Prisoners who were transferred in, and remain in, disciplinary segregation have not yet qualified for a review hearing, and this administrative remedy is unavailable to them. See Lewis v. … The private liberty interest, then, is clearly not as plenary as that of an individual not under the sentence of a court.

Brown, Robert v. Michigan City IN

Court of Appeals for the Seventh Circuit · Sep 5, 2006

Wells, 335 F.3d 668, 674 (7th Cir. 2003) (holding that, to establish a constitutionally protectable property interest, the plaintiff must establish that his interest is “more than de minimis, which typically calls on the … Davis, the Court held, however, that stigma alone does not establish the deprivation of a constitutionally protectable liberty interest; instead, the plaintiff also must establish the alteration of legal status.

Stephanie Patterson v. G.W. Wendel

983 F.2d 1073 · Court of Appeals for the Seventh Circuit · Dec 28, 1992

A district court's findings of fact, whether based on oral or documentary evidence, are entitled to a presumption of correctness unless clearly erroneous. Fed.R.Civ.P. 52(a); Anderson v. … Nor has she established the elements of trespass. A trespass action requires the plaintiff to prove both possession of the land and that the defendant's entrance upon it was without justification. Sigsbee v.

Perry, Thelma v. First National Bank

Court of Appeals for the Seventh Circuit · Aug 25, 2006

“Section” clearly is used to refer to § 1681m as a whole. … The solicitation states, “Your good standing has been found creditworthy by Legacy Visa and that qualifies you for a new Visa account.”

In re Wabash Valley Power Ass'n

72 F.3d 1305 · Court of Appeals for the Seventh Circuit · Dec 28, 1995

Following the principle established in Federal Power Comm’n v. … This determination of the fair market value was not clearly erroneous.

United States v. James R. Hoffa, Benjamin Dranow, Zachary A. Strate, Jr., S. George Burris, Abe I. Weinblatt, Calvin Kovens, and Samuel Hyman

367 F.2d 698 · Court of Appeals for the Seventh Circuit · Nov 28, 1966

WAS THE EVIDENCE SUFFICIENT TO ESTABLISH THE CONSPIRACY AND THE CONNECTION OF EACH DEFENDANT WITH IT? … Dranow’s connection with the scheme is clearly evident. He took an active part in the conspiracy at every step. He was. active in placing all the larger loans.

Nat'l Organization v. Scheidler, Joseph M.

Court of Appeals for the Seventh Circuit · Jan 28, 2005

The plaintiffs have lost their bid to have a nationwide injunction based on the 117 acts that the Supreme Court has now decreed do not qualify as “extortion” for purposes of the Hobbs Act and RICO. … However, the record, as it currently exists, fails to establish that the four acts of violence involved interstate commerce.

Mark G. Weinberg v. City of Chicago

310 F.3d 1029 · Court of Appeals for the Seventh Circuit · Nov 20, 2002

Weinberg points to the admission by the City that whether speech is considered “topical” is one of the criterion for determining whether something qualifies as a newspaper. … In Graff , a plurality of judges found that the maintenance of a newspaper stand qualifies as conduct commonly associated with expression.

Mario Ortiz-Santiago v. William P. Barr

Court of Appeals for the Seventh Circuit · May 20, 2019

(That rule dictates the end-point of the non-citizen’s qualify- ing residence in the United States for certain immigration ben- efits.) … B With that framework established, we turn back to Ortiz- Santiago.

United States v. Michael Samojla

Court of Appeals for the Seventh Circuit · Jan 25, 2013

Although Samojla argues that Volkman was the “one” leader of the scheme, “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.”   … United States, 510 U.S. 135, 149 n.19, 114 S.Ct. 655, 126 L.Ed.2d 615 (1994) (“[W]illfulness ‘is usually established by drawing reasonable inferences from the available facts[.]’”)).  

Slaney, Mary D. v. Int'l Amateur

Court of Appeals for the Seventh Circuit · Mar 27, 2001

A court of appeals reviews a district court’s decision confirming an arbitration award under ordinary standards: accepting findings of fact that are not clearly erroneous and deciding questions of law de novo. … Because the IOC has promulgated a drug testing program, the USOC administers that program in the United States for all qualifying competitions for the Olympic Games.

Donald Snowden v. Jeremy Henning

72 F.4th 237 · Court of Appeals for the Seventh Circuit · Jun 27, 2023

The Court later rejected statutory remedies created through “judicial mandate,” reinforcing that a cause of action must be supported by congressional intent ex- pressed clearly in statutory text. Id. at 133. … The Court has identified some differences that qualify as “meaningful”: the rank of the officers involved; the constitu- tional right at issue; the generality or specificity of the official action; the

James Duncan v. Gregory Schwartz

337 F. App'x 587 · Court of Appeals for the Seventh Circuit · Jul 29, 2009

In reviewing a claim for habeas relief under this subsection, “‘[a] state-court decision is contrary to [the Supreme] Court’s clearly established precedents if it applies a rule that contradicts the governing law set forth … A defendant’s assertion of his right to self-representation must be made “clearly and unequivocally.” Id. at 835.

Reconstruction Finance Corporation v. Teter

117 F.2d 716 · Court of Appeals for the Seventh Circuit · Jan 4, 1941

Albers is now the duly qualified acting receiver of that company. … The distinction between the two is clearly set forth in the revised edition of Williston on Contracts, Vol. 2, section 384.

United States v. Shawn Lee

950 F.3d 439 · Court of Appeals for the Seventh Circuit · Feb 18, 2020

“When a district court determines that a fine is in order, we will only reverse its factual finding if it is clearly errone- ous.” United States v. Artley, 489 F.3d 813, 826 (7th Cir. 2007). … Section 5E1.2 of the Guidelines mandates the imposition of a fine unless “the defendant establishes that he is unable to pay and is not likely to become able to pay any fine.” U.S.S.G. § 5E1.2(a).

Humphries, Hedrick G v. CBOCS West, Inc

Court of Appeals for the Seventh Circuit · Jan 10, 2007

Before its decision in Patterson, 491 U.S. 164 (which we shall address below), the Supreme Court had not clearly determined whether section 1981 applied to retaliatory conduct. … It was enough to show “similar—not identi- cal—conduct” and this surely qualifies under that stan- dard. Id. To find otherwise is to lose sight of the big- picture, common-sense perspective.

A.C. v. Fred Kutruff

Court of Appeals for the Seventh Circuit · Aug 1, 2023

Department of Education, Establishment of Title 34, 45 Fed. Reg. 30802, 30802 (May 9, 1980). … The plaintiffs have established that the harm they face is on- going, debilitating, and cannot be remedied with monetary damages.

A.C. v. Fred Kutruff

Court of Appeals for the Seventh Circuit · Aug 1, 2023

Department of Education, Establishment of Title 34, 45 Fed. Reg. 30802, 30802 (May 9, 1980). … The plaintiffs have established that the harm they face is on- going, debilitating, and cannot be remedied with monetary damages.

B. E. v. Vigo County School Corporation

Court of Appeals for the Seventh Circuit · Aug 1, 2023

Department of Education, Establishment of Title 34, 45 Fed. Reg. 30802, 30802 (May 9, 1980). … The plaintiffs have established that the harm they face is on- going, debilitating, and cannot be remedied with monetary damages.