Case law

Opinions from 1658 to today.

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  • McLaughlin v. Tilendis

    398 F.2d 287 · Court of Appeals for the Seventh Circuit · Jun 12, 1968

    However, other officials, such as present defendants, retain only a qualified immunity, dependent on good faith action. Pierson v. … Thus here a successful defense on the merits merges with a successful defense under the qualified immunity doctrine.

    Cited 146 timesPublished
  • Doe, John v. Heck, Carla

    327 F.3d 492 · Court of Appeals for the Seventh Circuit · Apr 16, 2003

    established, thereby entitling them to qual- ified immunity from the plaintiffs’ suit. … Under the doctrine of qualified immunity, government officials are “ ‘shielded from liabil- ity for civil damages insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable

    Cited 1 timesPublished
  • Donald Olendzki v. Neil Rossi

    765 F.3d 742 · Court of Appeals for the Seventh Circuit · Aug 29, 2014

    a nexus between his alleged protected speech and the defendants’ alleged retaliation; (5) the defendants had sufficient reasons to justify the alleged retaliation; and (6) the defendants are entitled to qualified immunity … Further- more, we need not address JCC management’s qualified immunity defense. III.

    Cited 57 timesPublished
  • Slyvester Harris v. Richard G. Harvey, Jr.

    605 F.2d 330 · Court of Appeals for the Seventh Circuit · Nov 1, 1979

    Outside of judicial immunity, a state officer’s immunity is qualified. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 . … Clearly the Skolnick case is not precedent for extending judicial immunity to non-judicial acts.

    Cited 71 timesPublished
  • T. S. v. County of Cook

    67 F.4th 884 · Court of Appeals for the Seventh Circuit · May 15, 2023

    The district court granted Dixon summary judgment on qualified immunity grounds because the plaintiffs had not shown “a clearly established right to be free of the arguably modest dis‐ ruptions” they experienced. … But the district court reasoned that Dixon’s qualified immunity did not “negate the possible pres‐ ence of an underlying constitutional violation,” meaning the officer suit exception could still apply.

    Cited 13 timesPublished
  • Marshall C. Spiegel v. Daniel M. Rabinovitz

    121 F.3d 251 · Court of Appeals for the Seventh Circuit · Jul 28, 1997

    subject only to the qualified immunity enjoyed by police officers. … Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606, 2615 , 125 L.Ed.2d 209 (1993) (stating that when a prosecutor functions as an investigator or an administrator, he is entitled only to qualified immunity).

    Cited 67 timesPublished
  • Hannemann v. Southern Door County School District

    673 F.3d 746 · Court of Appeals for the Seventh Circuit · Mar 15, 2012

    violation, the law was not clearly established. … Qualified Immunity The district court concluded that qualified immunity provided an alternative basis for granting summary judgment to individual defendants Innis, Mahaffey, and Bousley.

    Cited 106 timesPublished
  • Nathaniel Pryor v. Michael Corrigan

    124 F.4th 475 · Court of Appeals for the Seventh Circuit · Dec 23, 2024

    federal right at issue was clearly established at the time of the alleged violation.” … established case law that the leg sweep and tackle here were impermissible beyond debate, the dis- trict court properly granted Corrigan qualified immunity on this portion of Pryor’s excessive force claim.

    Cited 26 timesPublished
  • Schad, George C. v. Jones, Arthur L.

    Court of Appeals for the Seventh Circuit · Jul 15, 2005

    The district court held that Schad’s speech was protected and denied Chief Jones’s claim of qualified immunity. II. … a constitutional right; and (2) whether the right was “clearly established” such that it would have been clear to a reasonable official “that his conduct was unlawful in the situation he confronted.”

    Cited 0 timesPublished
  • Townsend, Gary v. Vallas, Paul

    256 F.3d 661 · Court of Appeals for the Seventh Circuit · Jul 9, 2001

    Johnson were not entitled to qualified immunity. It held that, prior to April 1998, Illinois law was well established that Mr. … "[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are ’shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

    Cited 3 timesPublished
  • John C. Babcock v. R.L. White and G. McDaniel

    102 F.3d 267 · Court of Appeals for the Seventh Circuit · Dec 9, 1996

    not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In the instant case, moreover, qualified immunity cannot be premised on the rationale that a particular form of retaliation has yet to be condemned by the courts.

    Cited 328 timesPublished
  • Norman Dawson v. Merit Systems Protection Board, Office of Personnel Management, Intervenor

    712 F.2d 264 · Court of Appeals for the Seventh Circuit · Aug 12, 1983

    It is well established that before a prevailing party may recover attorney’s fees from an agency of the United States Government, that party “must first surmount a formidable barrier, the doctrine of sovereign immunity.” … Section 8337, contained in subchapter III, sets forth the circumstances under which an individual might qualify for disability retirement benefits.

    Cited 11 timesPublished
  • Srivastava v. Newman

    12 F. App'x 369 · Court of Appeals for the Seventh Circuit · Apr 5, 2001

    On appeal Srivastava contends that Newman is not a state official entitled to immunity under the Eleventh Amendment, and that Newman is entitled only to qualified prosecutorial immunity which does not shield his conduct in … Srivastava is correct that a prosecutor who acts as a complaining witness or engages in purely investigatory conduct unrelated to the role of advocate is entitled only to qualified immunity. Kalina v.

    Cited 21 timesPublished
  • David Rhein v. John Coffman

    825 F.3d 823 · Court of Appeals for the Seventh Circuit · Jun 17, 2016

    Then  it  held  that  Coffman  is  entitled  to  qualified   immunity  on  the  delay-­‐‑in-­‐‑restoration  theory,  because  courts   have   yet   to   determine   how   quickly   governmental   bodies   must   act   when … This  makes  it  unnecessary  to  consider  whether  it  is  “clearly   established”  (the  central  issue  for  an  immunity  defense)  that   the   Illinois   State   Police   as   a   whole   took   too   long.  

    Cited 8 timesPublished
  • Isby v. Brown

    856 F.3d 508 · Court of Appeals for the Seventh Circuit · May 10, 2017

    Defendants also argued that they were entitled to qualified immunity in light of Isby’s failure to prove that their conduct violated clearly established law. … constitutional right was clearly established at the time of the alleged violation.”

    Cited 289 timesPublished
  • Krueger v. City of Algoma

    1 F.3d 537 · Court of Appeals for the Seventh Circuit · Jul 28, 1993

    If so, the police officer is shielded from liability by the principle of qualified immunity. See Malley v. … The district court proceeds to note: “The subsequent acts flowing from the stop also support Officer Haltaufderheid’s qualified immunity.

    Cited 4 timesPublished
  • Clarence W. Walker v. Prisoner Review Board, James R. Irving, Chairman

    769 F.2d 396 · Court of Appeals for the Seventh Circuit · Jul 26, 1985

    member receives only qualified immunity. 556 F.2d at 240 . … The United States Supreme Court has established a “functional comparability” test to determine whether executive officials who act in an adjudicatory capacity for an administrative agency are entitled to the absolute immunity

    Cited 38 timesPublished
  • Victoria Weiland v. Shawn Loomis

    Court of Appeals for the Seventh Circuit · Sep 18, 2019

    The appeal, however, concerns only Loomis, who moved to dismiss the complaint on the ground of qualified immunity. … A public employee is entitled to immunity in §1983 litigation unless, at the time of the events in question, “clearly established” law would have made apparent to any public employee that his or her acts violated the Constitution

    Cited 0 timesPublished
  • Randall F. Carson and Susan Carson v. John R. Block, Individually and as Former Secretary of Agriculture

    790 F.2d 562 · Court of Appeals for the Seventh Circuit · Jun 24, 1986

    The eight officials moved for summary judgment, to the extent the complaint sought damages from them personally, on the basis of absolute and qualified immunity. … The Carsons insist that the defendants violated the constitution and not just a statute, so that they need only overcome the qualified immunity defined in Harlow and our opinion in Lojuk .

    Cited 39 timesPublished
  • Elizabeth Schulte v. Kenneth Leners

    Court of Appeals for the Seventh Circuit · Aug 7, 2026

    We have jurisdic- tion to review orders denying qualified immunity. Mitchell v. Forsyth, 472 U.S. 511, 524–30 (1985). Our role is limited, how- ever, to deciding the scope of clearly established law. … When a public official invokes qualified immunity, the plaintiff has the burden of showing that the official’s conduct violated a federal right that was clearly established at the time of the alleged violation.

    Cited 0 timesPublished

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