Case law
Opinions from 1658 to today.
9,632 results
1.77s
The Hillhaven Corporation v. Wisconsin Department Of Health And Social Services
733 F.2d 1224 · Court of Appeals for the Seventh Circuit · May 8, 1984
Sec. 1396 et seq., establishes a cooperative state and federal medical assistance program known as Medicaid. … In reviewing the district court's grant of a preliminary injunction, we can only reverse the district court's action if it is clearly erroneous or represents a mistake of law.
Cited 5 timesPublished95 F.3d 536 · Court of Appeals for the Seventh Circuit · Oct 1, 1996
In addition, § 1607 creates a special exception for counterclaims brought by those who the foreign state chooses to sue in United States courts, if the counterclaim either qualifies for one of the exceptions to immunity recognized … This act, however, clearly took place in Germany, at the Restitution Office in Saarburg.
Cited 16 timesPublishedAlliance to End Repression v. City of Chicago
820 F.2d 873 · Court of Appeals for the Seventh Circuit · May 26, 1987
Even after an authoritative decision, “[ujntil the constitutional right has been stated so that reasonably competent officers would agree on its application to a given set of facts, it has not been ‘clearly established’.” … Because of the officers’ qualified immunity the plaintiffs were not entitled to damages, and obviously they were not entitled to an injunction; there was no risk of the deceased being shot again.
Cited 68 timesPublished792 F.3d 793 · Court of Appeals for the Seventh Circuit · Jul 7, 2015
Wessel and Lay contend that they are entitled to judg- ment as a matter of law on the basis of qualified immunity. … The doctrine of qualified immunity provides that “[p]ublic officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the time of the
Cited 35 timesPublishedGreen, Michael v. Butler, Marlo
Court of Appeals for the Seventh Circuit · Aug 24, 2005
Poulsen established a Fourth Amend- ment violation, the district court found that they could 8 No. 04-2993 not satisfy the second prong of the qualified immunity analysis … Qualified immunity shields the agents from suit unless Mr. Green and Ms.
Cited 0 timesPublished938 F.2d 84 · Court of Appeals for the Seventh Circuit · Jul 26, 1991
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). … In this case, the panel has used the qualified immunity appeal to hand down a sweeping advisory opinion on the power of sheriffs to fire their deputies.
Cited 0 timesPublishedBethesda Lutheran v. Born, Gerald
Court of Appeals for the Seventh Circuit · Jan 25, 2001
The district court dismissed the new suit primarily on the ground that the defendants were entitled to a qualified (that is, good-faith) immunity from a suit for damages, as no rule of law that was clearly established when … immunity.
Cited 0 timesPublishedBerman, Norman v. Young, Jackie
Court of Appeals for the Seventh Circuit · May 31, 2002
Qualified immunity shields from liability government actors performing discretionary functions so long as they do not violate "clearly established statutory or constitutional rights of which a reasonable person would have … immunity because the alleged constitutional violation will rarely--if ever--be clearly established."). 3.
Cited 0 timesPublishedEric Blackmon v. Gregory Jones
132 F.4th 522 · Court of Appeals for the Seventh Circuit · Mar 20, 2025
Because that legal rule is clearly established— and has been at least since Simmons was decided in 1968—the judge concluded that immunity is unavailable. 2023 U.S. Dist. LEXIS 195021 (N.D. Ill. Oct. 31, 2023). … The absence of a clearly established right entitles the defendants in this case to quali- fied immunity. REVERSED
Cited 2 timesPublishedReynolds, Richard v. Jamison, Dawn
Court of Appeals for the Seventh Circuit · Jun 8, 2007
Darr argued that he was entitled to qualified immunity. … Regardless of these additional arguments, the undis- puted facts clearly demonstrate that Officer Darr had probable cause to arrest Reynolds on July 12, 2004 and thus is entitled to qualified immunity.
Cited 0 timesPublished600 F.2d 600 · Court of Appeals for the Seventh Circuit · Sep 12, 1979
the doctrine of qualified immunity. … If plaintiffs prove their case against the defendants, the doctrine of qualified immunity will not thwart recovery of damages. The rights which plaintiffs contend that defendants have violated are clearly established.
Reversed in part, on other grounds by Hanrahan v. Hampton, 446 U.S. 754 (1980)Cited 5 timesPublishedByron Alston v. H. Christian Debruyn
13 F.3d 1036 · Court of Appeals for the Seventh Circuit · Jan 5, 1994
Examples of legally frivolous claims include “claims against which it is clear that the defendants are immune from suit,” and “claims of infringement of a legal interest which clearly does not exist”; examples of factually … Coonce, 7 F.3d 1359 (8th Cir.1993) (reversing in part and affirming in part denial of summary judgment for prison officials on qualified immunity; Missouri law conferred liberty interest on inmates in remaining in general
Cited 136 timesPublishedCharles E. Egger v. Harlan C. Phillips
710 F.2d 292 · Court of Appeals for the Seventh Circuit · Jun 22, 1983
Since it was this question which properly precluded the original panel from accepting Phillips’ qualified immunity defense, see Egger v. … In Harlow , the Court held that officials should be granted immunity unless their conduct, at the time it was undertaken, violated “clearly established *324 statutory or constitutional rights of which a reasonable person
Overruled on other grounds by Joseph Feit v. John Ward and Eugene Grapa, 886 F.2d 848 (1989)Cited 354 timesPublished745 F.3d 242 · Court of Appeals for the Seventh Circuit · Mar 11, 2014
Monell, 436 U.S. at 690-95 , 98 S.Ct. 2018 (establishing the foundational rule). … It is not as if removal by whiteout might be constitutionally suspect, while removal by delete key clearly is not.
Cited 58 timesPublished922 F.2d 370 · Court of Appeals for the Seventh Circuit · Jan 7, 1991
The alleged violations are neither of such caliber as to rise to the level of constitutional violations nor are they so clearly established as to remove qualified immunity. 10 12 The free exercise clause of the first amendment … As such, the alleged violation has not been so "clearly established" at the time of the conduct as to remove defendants' qualified immunity. See Harlow v.
Cited 1 timesPublishedStephanie J. Bond v. Michael R. Atkinson
728 F.3d 690 · Court of Appeals for the Seventh Circuit · Aug 26, 2013
Defendants asked the district judge to rule in their favor on the ground of qualified immunity. … The rule against sex discrimination in law enforcement is clearly established, just as the district court observed. But does Bond’s complaint adequately allege sex discrimination?
Cited 20 timesPublished39 F. App'x 448 · Court of Appeals for the Seventh Circuit · Jul 18, 2002
The district court granted summary judgment in favor of the defendants, concluding that the defendants were entitled to qualified immunity because Walls failed to establish that the officers’ actions were unreasonable when … Law enforcement officers are sometimes entitled to qualified immunity, however, and in order to decide whether such immunity exists, the court must engage in a two-part analysis.
Cited 0 timesPublishedOmar Grayson v. Harold Schuler
666 F.3d 450 · Court of Appeals for the Seventh Circuit · Jan 13, 2012
Since, however, “[qualified] immunity protects public employees who make reasonable errors in applying even clearly established law,” Vinning-El v. … Evans, supra, 657 F.3d at 594, the defendant is entitled to immunity if he committed a reasonable error in failing to apply clearly established law—that is, if he rea- sonably thought the plaintiff insincere in his religious
Cited 215 timesPublished644 F.3d 563 · Court of Appeals for the Seventh Circuit · Jul 6, 2011
In Jacobs, the district court had dismissed the plaintiff’s complaint on qualified immunity grounds. … On appeal, we noted that “the notice pleading re- quirements of Rule 8 do not require that a plaintiff anticipate the assertion of qualified immunity by the defendant and plead allegations that will defeat that immunity.”
Cited 29 timesPublishedHillhaven Corp. v. Wisconsin Department of Health & Social Services
733 F.2d 1224 · Court of Appeals for the Seventh Circuit · May 8, 1984
. § 1396 et seq., establishes a cooperative state and federal medical assistance program known as Medicaid. … This assertion of waiver of sovereign immunity by the state should also be considered by the district court in further proceedings.
Cited 1 timesPublished
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