Case law

Stephanie 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?  

Bogan v. City of Chicago

644 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.”

United States v. Harju, Matthew S.

466 F.3d 602 · Court of Appeals for the Seventh Circuit · Oct 20, 2006

Whether a defendant has rebutted this presumption of good faith is evaluated according to a framework similar to that em- ployed in the qualified immunity context. … right is clearly established.

Hillhaven 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.

Gabriella Siler v. City of Kenosha, Wisconsin

Court of Appeals for the Seventh Circuit · Apr 29, 2020

Addressing first the claim against Officer Torres, the dis- trict court granted Officer Torres’s motion for summary judgment on the ground of qualified immunity. … Siler cannot establish that Officer Torres violated a clearly established right, he is entitled to qualified immunity even if he em- ployed unreasonable force. See Mullenix v. Luna, 136 S.

Gerald Dix v. Edelman Financial Services

Court of Appeals for the Seventh Circuit · Oct 19, 2020

The Officers Are Entitled to Qualified Immunity. And so we come to the final issue of qualified immunity. … “Public 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 challenged con- duct.’”

Brian Herron v. Douglas Meyer

820 F.3d 860 · Court of Appeals for the Seventh Circuit · Apr 25, 2016

The   district   court   dismissed   the   First   Amendment   theory   and   held   that   the   guard   is   entitled   to   qualified   immunity   on   the   Eighth   Amendment   theory.   2014   U.S.   Dist.   …  immunity.  

Lehn v. Hartwig

13 F. App'x 389 · Court of Appeals for the Seventh Circuit · Jun 27, 2001

A magistrate judge presiding by consent granted summary judgment for the defendants on the latter claim, *391 reasoning that they were entitled to qualified immunity. … Specifically, Lehn maintains that qualified immunity does not apply in this case because he is seeking only declaratory and injunctive relief, and not monetary damages.

7 Fair empl.prac.cas. 643, 7 Empl. Prac. Dec. P 9292 Phyllis Schlafly v. John A. Volpe, Secretary of Transportation

495 F.2d 273 · Court of Appeals for the Seventh Circuit · Feb 28, 1974

(A) MOOTNESS Defendants’ claim that the issues presented are moot may ultimately be established, but it cannot be sustained upon a motion to dismiss. … Smith, 437 F.2d 1024 (5th Cir. 1971), or “qualify” the exceptions, Knight v.

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: 46 [P]ublic officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or … 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.... 47 Casteel v.

James Lewis v. Angela McLean

864 F.3d 556 · Court of Appeals for the Seventh Circuit · Jul 21, 2017

Finally, we reject the defendants’ claim that they are entitled to qualified immunity from Lewis’s suit. … Qualified immunity protects government employees from liability for civil damages for actions taken within the scope of their employment unless their conduct violates “clearly established ... constitutional rights of which

Darryl H. v. Gregory Coler, Director, Illinois Department of Children and Family Services, B.D. By C.D. v. Gregory Coler, Director, Illinois Department of Children and Family Services

801 F.2d 893 · Court of Appeals for the Seventh Circuit · Sep 9, 1986

Qualified Immunity 77 The individual defendants submit that the doctrine of qualified immunity protects them from personal liability. … Qualified immunity means more than relief from liability; it means immunity from suit. A defendant entitled to qualified immunity should not be required to proceed to trial. Mitchell v.

Anthony J. Sestric v. William G. Clark

765 F.2d 655 · Court of Appeals for the Seventh Circuit · Aug 1, 1985

(His additional claim, that the refusal to admit him violated Illinois law, clearly has no merit, for the reasons stated by the district judge.) … But as we noted, the act of pulling up stakes in one state and relocating to another establishes a commitment to the new state — a commitment to learning its law and practicing that law competently — that is missing when

David Gevas v. Christopher McLaughlin

798 F.3d 475 · Court of Appeals for the Seventh Circuit · Aug 20, 2015

In the alternative, they asked for qualified immunity because ? … Hyde, 665 F.3d 860, 868 (7th Cir. 2011) (plaintiff is not invariably required to point to case with similar facts in order to demon- strate that right at issue was clearly established for purposes of qualified immunity; ?

Chelios, James v. Heavener, Lindsey

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

Qualified Immunity The doctrine of qualified immunity shields from liability public officials who perform discretionary duties. Belcher v. Norton, 497 F.3d 742, 749 (7th Cir. 2007). … A plaintiff may discharge the burden of showing that the constitutional right was clearly established by showing that there is “a clearly 22 No. 06-4125 analogous case establishing

Waukegan Potawatomi Casino, LLC v. City of Waukegan

128 F.4th 871 · Court of Appeals for the Seventh Circuit · Feb 14, 2025

immunity. … ”); Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (explaining that, to defeat qualified immunity, “existing precedent must have placed the statutory or consti- tutional question beyond debate”); Kisela v.

Juana Vargas-Harrison v. Racine Unified School District, Dennis McGoldrick John Pelej

272 F.3d 964 · Court of Appeals for the Seventh Circuit · Nov 30, 2001

In the alternative, the Administrators sought to be dismissed from the case on qualified immunity grounds. … She also submitted that the Administrators were not entitled to qualified immunity because they had violated her clearly established right to speak on matters of public concern.

Richman v. Sheahan

512 F.3d 876 · Court of Appeals for the Seventh Circuit · Jan 7, 2008

If so, they violated the Eighth Amendment, and because the unlawfulness of such conduct under the Eighth Amendment was clearly established when they acted, they had, as we held in Hill v. … City of Laramie, 239 F.3d 1183, 1187-90 (10th Cir.2001), and clearly applicable to a situation in which officers suffocate an obviously vulnerable person, scotches the immunity defense.

Covell v. Menkis

595 F.3d 673 · Court of Appeals for the Seventh Circuit · Feb 8, 2010

to qualified immunity. … As we conclude that Covell was an at-will employee, it is unnecessary to discuss whether the Defendants would be covered under qualified immunity. B.

Edward John v. Albert Hurt

489 F.2d 786 · Court of Appeals for the Seventh Circuit · Nov 16, 1973

same factors which lead us to think that state subsidized and appointed public defenders can act under color of state law, we conclude that public defenders, like state prosecutors, and state and city attorneys, enjoy a qualified … immunity for acts performed in the discharge of their official duties.