Case law

Nelson v. Miller

570 F.3d 868 · Court of Appeals for the Seventh Circuit · Jul 1, 2009

The district court found that it was too early to conclude whether Miller was entitled to qualified immunity. The case was tried before the Magistrate Judge. … Establishment of Religion .

Fiorenzo v. Nolan

965 F.2d 348 · Court of Appeals for the Seventh Circuit · Jun 4, 1992

The court found Chief Nolan was protected individually under the doctrine of qualified immunity. … Thus, an official’s entitlement to qualified immunity “focuses on the objective legal reasonableness” of his acts. Harlow, 457 U.S. at 819 , 102 S.Ct. at 2739 ; Auriemma v.

Anthony Foreman v. Brian Wadsworth

844 F.3d 620 · Court of Appeals for the Seventh Circuit · Dec 20, 2016

Ra- ther, Foreman argues that Imbler was wrongly decided and that prosecutors should be entitled only to qualified immun- ity. … Alternatively, Leisten might have been entitled to only qualified immunity if he swore to an affidavit in support of the Information that he filed against Foreman.

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.

Antoinette Wonsey v. City of Chicago

Court of Appeals for the Seventh Circuit · Oct 15, 2019

“Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” Id. (citations omitted). … Wonsey offers no contrary argument, and she does not point to any violation of statutory or constitu- tional rights, much less clearly established ones. So qualified immunity cloaks defendants’ actions on June 9.

Sornberger, Scott v. City of Knoxville

434 F.3d 1006 · Court of Appeals for the Seventh Circuit · Jan 20, 2006

However, the qualified immunity doctrine does not pro- tect those who act unreasonably or “who knowingly vio- late the law.” Hunter, 502 U.S. at 228. Qualified immunity is, as the term implies, qualified. … Alternatively, the court held that Officers Sheppard and Riley would be protected by qualified immunity because a reasonable officer in their position would not have been on notice that his conduct violated clearly established

Luis Roldan v. Jason Stroud

52 F.4th 335 · Court of Appeals for the Seventh Circuit · Oct 25, 2022

United States and related cases clearly established the officers’ duty to disclose the agreement. We agree that immunity is inappropriate at this early stage but for a different reason. … To receive qualified immunity, officials must show either that they did not violate a constitutional right or that the right was not clearly established at the time of the alleged violation. See District of Columbia v.

Linda Williams v. Allen Jaglowski and Ronald Kelly

269 F.3d 778 · Court of Appeals for the Seventh Circuit · Oct 15, 2001

II Whether police officers had probable cause to arrest a suspect and whether they are entitled to qualified immunity for the arrest are closely related questions, although qualified immunity provides the officers with an … If the officers can establish that they had “arguable probable cause” to arrest the plaintiff, then the officers are entitled to qualified immunity, even if a court later determines that they did not actually have probable

James E. Fuller v. Linda A. Dillon, Patti Wilson, John Zielinski, Doctor Vallabhaneni and Doctor Vidal

236 F.3d 876 · 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

Remet Corp. v. City of Chicago

509 F.3d 816 · Court of Appeals for the Seventh Circuit · Dec 4, 2007

Here, the City established a fire department, qualifying it as “a local public entity that has undertaken to provide fire protection service.” … Village of Divemon, Ill., 17 F.3d 1074 (7th Cir.1994), we held that a village was clearly protected by the Tort Immunity Act where the plaintiffs alleged that it failed to provide an adequate water supply and pressure to

Willie Williams, on Behalf of Himself and All Others Similarly Situated v. Michael P. Lane, Director of the Illinois Department of Corrections

851 F.2d 867 · Court of Appeals for the Seventh Circuit · Aug 29, 1988

Defenses to Liability Qualified Immunity The defense of immunity may prevent an inmate from securing relief for deprivations of constitutional rights. … Because this Court is reviewing a denial of a claim of qualified immunity, it is necessary to decide “whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions

International Insurance Company v. Caja Nacional De Ahorroy Y Seguro

293 F.3d 392 · Court of Appeals for the Seventh Circuit · Jun 7, 2002

If Caja established this prima facie case, the burden going forward "would shift to the plaintiff [i.e., IIC] to produce evidence establishing that the foreign state is not entitled to immunity. … While we are not limiting what constitutes proof under all circumstances, the naked assertions of Caja's attorneys are clearly insufficient to establish that Caja is wholly-owned by Argentina.

Thulen v. Bausman

938 F.2d 84 · Court of Appeals for the Seventh Circuit · Jul 26, 1991

In both cases, sheriffs appealed the denial of qualified immunity on motions for summary judgment. Such appeals are deemed immediately appealable under Mitchell v. … The panel holds that “since the law was not clearly established in 1986 the sheriffs in these cases are protected by qualified immunity.” Upton v. Thompson, 930 F.2d 1209, 1218 (7th Cir.1991).

Ray Hutson Chevrolet v. General Motors Corp

Court of Appeals for the Seventh Circuit · Dec 18, 2000

qualified immunity as to any cause of action for damages arising out of its disapproval of a proposed dealership change. … On the other hand, if, as GM contends, the legislature had intended to provide a broad grant of immunity, it could easily have done so more clearly.

Rixson Merle Perry v. Federal Bureau of Investigation

781 F.2d 1294 · Court of Appeals for the Seventh Circuit · Jan 23, 1986

Obviously a blanket immunity for all official misconduct would not be. Some common lav/ privileges, however, clearly are. … It is by this route that the absolute immunity of some government officials and the qualified immunity of others from damage suits under section 1983 have gotten into constitutional law; the statute does not refer to any

Wheeler, Michelle v. Lawson, Ronald

Court of Appeals for the Seventh Circuit · Aug 21, 2008

Wheeler.9 We shall now turn to the issue of qualified immunity. C. Qualified Immunity The doctrine of qualified immunity shields from liability public officials who perform discretionary duties, Belcher v. … A plaintiff may defeat a qualified immunity defense by “point[ing] to a clearly analogous case establishing a right to be free from the specific conduct at issue” or by 10 The Supreme Court recently granted certiorari

Wanda Goodpaster v. City of Indianapolis

736 F.3d 1060 · Court of Appeals for the Seventh Circuit · Nov 25, 2013

Zollinger’s testimony were clearly erroneous. As noted above, the district court did not clearly err in crediting Dr. … The bar owners have clearly established a negative eco- nomic impact on their respective businesses.

Morrell, Stacey v. Mock, Philip

Court of Appeals for the Seventh Circuit · Nov 1, 2001

No Clearly Established Law We turn next to the second part of the analysis of the defendants’ claim of qualified immunity: whether clearly established law prohibited the defendants’ conduct. … We conclude, therefore, that all defendants are entitled to qualified immunity.

Ira Iglesia de la Biblia Abierta v. Banks

129 F.3d 899 · Court of Appeals for the Seventh Circuit · Nov 7, 1997

Moreover, Tenney firmly established that motive is not an element to be considered when determining absolute legislative immunity. Id. at 377 , 71 S.Ct. at 788-89 . … The Churches contend that the passage of a rezoning ordinance does not qualify as legislation, but rather qualifies as an administrative or executive act. So they say, legislative immunity is not appropriate.

Christopher R. Youker v. Edward E. Schoenenberger and Town of Milton

22 F.3d 163 · Court of Appeals for the Seventh Circuit · Apr 20, 1994

If the district court was correct in finding that Schoenenberger and Milton are immune under the ITIA, then it is unnecessary for us to engage in the Fellhauer analysis as to whether there was a clearly mandated public *168 … Finally, there is a sound argument that the defendant has qualified immunity from suit.