Case law

Jenny Rubin v. Islamic Republic of

637 F.3d 783 · Court of Appeals for the Seventh Circuit · Mar 29, 2011

This is consistent with the Supreme Court’s treatment of other immunities—for example, the qualified immunity of governmental officials. See, e.g., Ashcroft v. Iqbal, 129 S. … The court either deferred to the State Department’s suggestion of immunity or made the immunity determination itself, by reference to the State Department’s established policy regarding foreign-sover- eign immunity.

Joseph L. Davis v. Terry Delaney

16 F.3d 1225 · Court of Appeals for the Seventh Circuit · Jan 10, 1994

Whatever assistance the state and federal agents provided is not protected by absolute immunity, but the existence of qualified immunity is clear under Rakovich v. … Wade, 850 F.2d 1180, 1200, 1214 (7th Cir.1988) (en banc), because Davis has not established that the defendants violated any of his "clearly established" rights. See Harlow v.

Tolliver v. City of Chicago

820 F.3d 237 · Court of Appeals for the Seventh Circuit · Apr 12, 2016

“The doctrine of qualified immunity protects government officials" ‘from liability *245 for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which.a reasonable … In the totality of these circumstances, qualified immunity therefore applies to all of the officers’ actions once the car began to move towards the officers.

Mother Goose Nursery Schools, Inc. v. Sendak

770 F.2d 668 · Court of Appeals for the Seventh Circuit · Aug 14, 1985

There are two kinds of immunity: qualified and absolute. … Qualified immunity, while also an immunity from suit, arises from the facts of the particular case and is granted to government officials performing discretionary functions and whose "conduct does not violate clearly established

Dodie Junkert v. Roger Massey

Court of Appeals for the Seventh Circuit · Jun 21, 2010

Massey is entitled to qualified immunity for his conduct in applying for a search warrant. See Hinnen v. Kelly, 992 F.2d 140, 144 (7th Cir. 1993). In this context, the test for qualified immunity comes from Malley v. … We have never clearly held that an affidavit materially similar to Massey’s failed to establish probable cause.

Rex Frederickson v. Tizoc Landeros

Court of Appeals for the Seventh Circuit · Nov 26, 2019

We therefore agree with the district court that Frederickson has presented sufficient evidence to defeat qualified immunity at this stage. *** The district court’s denial of qualified immunity … A view that lost in 2012 cannot have been clearly established in 2011.

Korf v. Ball State University

726 F.2d 1222 · Court of Appeals for the Seventh Circuit · Feb 15, 1984

Korf argues that the entry of summary judgment was an improper denial of his due process and equal protection claims, and his challenge to the defendants' qualified immunity. Dr. … 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.

Krysta Sutterfield v. City of Milwaukee

751 F.3d 542 · Court of Appeals for the Seventh Circuit · May 9, 2014

After examining many of the problems, the court reaches the correct conclusion that the actions of the police officers were well within the shelter of qualified immunity provided by state and federal judicial opinions interpreting … -By providing the police with the ability to obtain a civil warrant prior to entering the home of such a person, they will have a more clearly established method that is safely within the confínes of the law and which -protects

Kenneth Jaworski v. Wilbur Schmidt

684 F.2d 498 · Court of Appeals for the Seventh Circuit · Jul 19, 1982

I Public officials who enjoy qualified immunity may assert their good faith as a complete defense to damages liability under 42 U.S.C. § 1983 . See, e.g., Gomez v. … Therefore, the Court concluded that municipalities do not enjoy qualified immunity. The Court, however, indicated that it was not retreating from its well-established rule that public officials enjoy qualified immunity.

Marshall, Jeffrey v. Teske, Daniel

Court of Appeals for the Seventh Circuit · Mar 27, 2002

The officers also argue that they were entitled to qualified immunity. … Saucier established a two-part qualified immunity inquiry.

Rex Frederickson v. Tizoc Landeros

Court of Appeals for the Seventh Circuit · Nov 26, 2019

We therefore agree with the district court that Frederickson has presented sufficient evidence to defeat qualified immunity at this stage. *** The district court’s denial of qualified immunity … A view that lost in 2012 cannot have been clearly established in 2011.

Miller, James E. v. Jones, Arthur L.

Court of Appeals for the Seventh Circuit · Apr 17, 2006

He argued there were no material facts in dispute and that he was entitled to qualified immunity as a matter of law. … To determine whether an official is entitled to qualified immunity we look to two issues.

Jose Gonzalez v. City of Elgin

Court of Appeals for the Seventh Circuit · Aug 20, 2009

Qualified Immunity Last, we address the officers’ assertion that they are entitled to qualified immunity, even if they cannot prevail outright on the merits. … it would not violate clearly established rights.”

R. Anthony Marrese, M.D., and Bone & Joint Surgeons, Inc. v. Interqual, Inc.

748 F.2d 373 · Court of Appeals for the Seventh Circuit · Nov 7, 1984

The Court added, however, that the plan “does not meet the second requirement for Parker immunity. The State simply authorizes price setting and enforces the prices established by private parties. … Based upon the foregoing analysis it is apparent that the State of Indiana has established a thorough peer review process to assure the citizens of Indiana that only competent and qualified physicians, who practice only approved

Laron McKinley v. Lt. Gary Trattles

732 F.2d 1320 · Court of Appeals for the Seventh Circuit · Apr 23, 1984

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) eliminated, for most purposes, the subjective element of the qualified immunity defense. … The district court instructed the jury that it should find good faith unless the defendant’s conduct “violated clearly-established statutory or constitutional rights of which a reasonable person would have known.”

Demetrius McCann Plaintiff-Appellee/cross-Appellant v. Sam A. Mangialardi, Defendant-Appellant/cross-Appellee

337 F.3d 782 · Court of Appeals for the Seventh Circuit · Sep 18, 2003

immunity. … We must resolve a qualified immunity issue as early as possible in the proceedings because it is an “immunity from suit rather than a mere defense to liability.’ ” Saucier v. *786 Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151

Steven Leroy v. Illinois Racing Board

39 F.3d 711 · Court of Appeals for the Seventh Circuit · Dec 28, 1994

Respectfully, I cannot agree and, therefore, dissent to the qualified immunity issue with regard to the search at issue. … In testing defendants’ claim of qualified immunity, we look to see if “constitutional standards [were] clearly established at the time in question.” Rakovich v.

Elmon Mims v. Board of Education of the City of Chicago

523 F.2d 711 · Court of Appeals for the Seventh Circuit · Sep 24, 1975

In addition, in any event, even if the Commission had violated plaintiffs’ rights, its members would be entitled to qualified immunity, as, we hold infra, are the individual officers of the Board of Education who are named … Although these defendants did not clearly articulate an immunity argument here, they pleaded immunity in their answer, and if we were to remand, they would presumably rely upon that defense.

Marcus Torry v. City of Chicago

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

In any event, the court said, the officers were entitled to qualified immunity because the stop did not violate clearly established law. … Qualified immunity protects government officials from li- ability for civil damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known

ESTATE OF

5 F.3d 230 · Court of Appeals for the Seventh Circuit · Sep 14, 1993

Id. at 716, 717-18 . 6 Under the doctrine of qualified immunity, police officers are shielded from suit for damages if "a reasonable officer could have believed [the action taken was] lawful, in light of clearly established … An officer's actions are considered objectively unreasonable " 'only if the right allegedly violated is clearly established in a sufficiently particularized sense at the time of the actions at issue.' " Knox, 998 F.2d at