Case law

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  • Ira Iglesia De La Biblia Abierta v. William Banks, C.L.U.B. (Civil Liberties for Urban Believers), Christ Center, Christian Covenant Outreach Church, His Word Ministries to All Nations, Christian Bible Church, Church on the Way Praise Center, Monte De Sion (Mount Zion) Church, and Living Word Ministries v. Patrick Huels

    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.

    Cited 1 timesPublished
  • Janay Garrick v. Moody Bible Institute

    95 F.4th 1104 · Court of Appeals for the Seventh Circuit · Mar 18, 2024

    No. 21-2683 claim—whether the law was clearly established when the de- fendant acted); see also 15A WRIGHT & MILLER at § 3911.2. … Church autonomy cases implicating immunity are even better candidates for interlocutory appeal than qualified im- munity cases.

    Cited 3 timesPublished
  • Lawshe v. Simpson

    16 F.3d 1475 · Court of Appeals for the Seventh Circuit · Feb 18, 1994

    We recently re-stated the conditions of qualified immunity: [P]ublic officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional … To determine the applicability of qualified immunity, the defendant’s actions must be compared to what a reasonable official would believe was required in light of the clearly established legal rules_■ Casteel v.

    Cited 58 timesPublished
  • Michael B. Smith v. Douglas Lamz and the Village of Algonquin, a Municipal Corporation

    321 F.3d 680 · Court of Appeals for the Seventh Circuit · Mar 5, 2003

    immunity. … Under the doctrine of qualified immunity, probable cause to arrest will defeat an unlawful-arrest claim. See Jenkins v.

    Cited 639 timesPublished
  • Delores Henry v. Melody Hulett

    Court of Appeals for the Seventh Circuit · Aug 11, 2020

    Qualified immunity is an affirmative defense that “pro‐ tects government officials ‘from liability for civil damages in‐ sofar as their conduct does not violate clearly established stat‐ utory or constitutional rights of … Whether a right is clearly established hinges on the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

    Cited 0 timesPublished
  • Mark Petersen v. Stefanie Pedersen

    Court of Appeals for the Seventh Circuit · Jun 10, 2025

    The district court granted Deputy Pedersen’s mo- tion for summary judgment on both claims and also granted her qualified immunity. … With respect to false arrest claims, the central question for qualified immunity is whether the officer had “arguable probable cause.” Id.

    Cited 0 timesPublished
  • Ryan Moderson v. City of Neenah

    137 F.4th 611 · Court of Appeals for the Seventh Circuit · May 9, 2025

    Because we con- clude that Plaintiffs’ claims are without merit, we do not reach the question of qualified immunity. See Hicks v. Ill. … This also means we need not reach the qualified immunity question.”). III Accordingly, we AFFIRM the district court’s decision.

    Cited 28 timesPublished
  • Mark Petersen v. Stefanie Pedersen

    Court of Appeals for the Seventh Circuit · Jun 10, 2025

    The district court granted Deputy Pedersen’s mo- tion for summary judgment on both claims and also granted her qualified immunity. … With respect to false arrest claims, the central question for qualified immunity is whether the officer had “arguable probable cause.” Id.

    Cited 0 timesPublished
  • Michael Thompson v. William Holm

    Court of Appeals for the Seventh Circuit · Jan 4, 2016

      is  unavailable  because  accommodation  of  a  prisoner’s religious diet is a clearly established right.  … Other  circuits  also  observe  that  a  prisoner  has  a  “clearly  established  …  right  to  a  diet  con‐ sistent with his … religious scruples,” including proper food  during  Ramadan.  Ford  v. 

    Cited 0 timesPublished
  • Willie D. White, Jr. v. Rick Olig, James M. Gilmore, and Fond Du Lac County, a Municipal Corporation

    56 F.3d 817 · Court of Appeals for the Seventh Circuit · Jun 6, 1995

    . § 818.07 or any other clearly established rights, and were entitled to qualified immunity. … Because there is no violation of Section 1983, it is unnecessary to consider whether Olig and Gilmore are entitled to qualified immunity. See Kraushaar, 45 F.3d at 1049 n. 4 (citing Cornfield v. Consolidated High Sch.

    Cited 56 timesPublished
  • John R. Tambone, M.D. v. Memorial Hospital for McHenry County, Inc., an Illinois Corporation

    825 F.2d 1132 · Court of Appeals for the Seventh Circuit · Jul 14, 1987

    For antitrust immunity to apply to a private actor under Parker v. … As previously noted, the principles established in Marrese control this case.

    Cited 5 timesPublished
  • Delores Henry v. Melody Hulett

    Court of Appeals for the Seventh Circuit · Aug 11, 2020

    Qualified immunity is an affirmative defense that “pro‐ tects government officials ‘from liability for civil damages in‐ sofar as their conduct does not violate clearly established stat‐ utory or constitutional rights of … Whether a right is clearly established hinges on the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

    Cited 0 timesPublished
  • Eddie Gill v. City of Milwaukee

    Court of Appeals for the Seventh Circuit · Mar 7, 2017

    Defendants  argue  that  they  are entitled to qualified immunity on these claims.  … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established  statutory  or  constitutional  rights  of  which  a reasonable  person  would  have

    Cited 0 timesPublished
  • Patrick Werner v. Edward F. Wall

    Court of Appeals for the Seventh Circuit · Sep 1, 2016

    Werner’s Eighth Amendment and due process claims for  damages  against  the  individual  defendants  were  barred  by  qualified immunity because it was not clearly established at  the  time  that  AD  02‐10  violated  the … Qualified immunity shields government  officials from civil “liability ‘insofar as their conduct does not  violate clearly established statutory or constitutional rights of  which  a  reasonable  person  would  have  known

    Cited 0 timesPublished
  • William H. Brookins v. Darrell A. Kolb, Kenneth Sondalle, and Glen Link

    990 F.2d 308 · Court of Appeals for the Seventh Circuit · May 11, 1993

    Entitlement to Qualified Immunity? … Because we have determined from our de novo review that the district court properly granted the prison officials’ motion for summary judgment, we decline to consider the qualified immunity question. E.

    Cited 32 timesPublished
  • Evans, Michael v. Katalinic, Anthony

    Court of Appeals for the Seventh Circuit · Apr 26, 2006

    The police officer defendants moved for summary judgment, based in part on a defense of qualified immunity. … 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.

    Cited 0 timesPublished
  • Linda Florek v. Village of Mundelei

    649 F.3d 594 · Court of Appeals for the Seventh Circuit · Aug 16, 2011

    On the aspirin- based claim, the magistrate judge granted summary judgment on qualified immunity grounds, reasoning that there was no clearly established right to over-the- counter drugs during an arrest. … Qualified immunity will shield an officer from money damages unless a plaintiff establishes that the officer violated a right that was clearly established. Pearson v.

    Cited 88 timesPublished
  • Stephen Buckley, Plaintiff-Appellee-Cross-Appellant v. J. Michael Fitzsimmons, Defendants-Appellants-Cross-Appellees

    919 F.2d 1230 · Court of Appeals for the Seventh Circuit · Jan 14, 1991

    If not, criminal defendants can evade the immunity established by Imbler *1234 by asserting that, before the trial began, the prosecutors prepared to do precisely what they did. … Most of the defendants moved to dismiss the complaint on grounds of immunity, absolute or qualified.

    Overruled on other grounds by Nationsbank of North Carolina, N. A. v. Variable Annuity Life Insurance, 513 U.S. 251 (1995)Cited 68 timesPublished
  • Timothy Harney v. City of Chicago

    702 F.3d 916 · Court of Appeals for the Seventh Circuit · Dec 10, 2012

    The court found that qualified immunity shielded Midona as to plaintiffs’ false arrest claims. … Lawson, 539 F.3d 629, 640 (7th Cir. 2008) (describing policy underlying qualified immunity).

    Cited 65 timesPublished
  • Addis v. Holy Cross Health System Corp.

    88 F.3d 482 · Court of Appeals for the Seventh Circuit · Jul 8, 1996

    Nothing in § 11112 confers immunity; that section only describes the criteria for a qualifying review action. … The district court was correct that it might have awarded the defendants partial summary judgment on their immunity defense, but Congress clearly did not envision that as the end of the game.

    Cited 5 timesPublished

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