Case law

Ray Hutson Chevrolet, Incorporated v. General Motors Corporation

235 F.3d 348 · 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 *351 immunity, it could easily have done so more clearly.

Herx v. Diocese of Fort Wayne-South Bend, Inc.

772 F.3d 1085 · Court of Appeals for the Seventh Circuit · Dec 1, 2014

The recognized categories of collaterally appealable orders include orders rejecting a public official’s claim of absolute or qualified immunity, Nixon v. … Fitzgerald, 457 U.S. 731, 742 (1982) (absolute immunity); Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) (qualified immunity), as well as orders rejecting a State’s claim of Eleventh Amendment immunity, P.R.

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.

In Re Coralynn F. Nelson, Debtor-Appellant v. La Crosse County District Attorney (State of Wisconsin) and Tim Gruenke

301 F.3d 820 · Court of Appeals for the Seventh Circuit · Aug 23, 2002

There is no dispute that the text of Section 106(a) clearly and unequivocally expresses a clear legislative intent to abrogate state sovereign immunity. 8 See, e.g., Kimel v. … Nelson’s “plan of convention” argument because it is clearly untenable under Seminole Tribe and its progeny.

United States v. Lynard Joiner and James E. Collins, Also Known as Duke

183 F.3d 635 · Court of Appeals for the Seventh Circuit · Jul 1, 1999

Under this“section, a defendant receives immunity for his self-incriminating statements if the government agrees to grant immunity. … Thus, Joiner has fallen far short of establishing that he was entitled to immunity for any statements made after he signed the plea agreement.

Julian J. Miller v. Albert Gonzalez

Court of Appeals for the Seventh Circuit · Aug 5, 2014

As will be clear from the discussion that follows, Miller’s right to be free from the type of force Gonzalez applied was “clearly established,” such that Gonzalez is not entitled to qualified immunity. See Abbott v. … And as the cases cited above demonstrate, this was clearly established at the time of Miller’s arrest.

Wallace Weicherding v. David Riegel, Kenneth P. Dobucki and Howard A. Peters, III

160 F.3d 1139 · Court of Appeals for the Seventh Circuit · Nov 6, 1998

After discovery, the district court granted the defendants summary judgment, holding that the defendants did not violate clearly established law when they terminated Weich-erding for his association with white supremacist … The district court initially decided this case on the grounds of qualified immunity, but we choose to bypass the qualified immunity inquiry and proceed to the merits. Cf. Griffin v.

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.

Koger, Gregory v. Bryan, Walter

Court of Appeals for the Seventh Circuit · Apr 24, 2008

Lovelace, 472 F.3d at 198 (reversing a grant of qualified immunity where the district court found that RLUIPA’s constitutionality was not clearly established because its constitutionality was presumed when it took effect) … Those rights being clearly established at the relevant time, we conclude that the prison officials are not entitled to qualified immunity. F.

Andree v. Ashland County

818 F.2d 1306 · Court of Appeals for the Seventh Circuit · May 5, 1987

We note, however, that officials such as Wilmot are ordinarily entitled to qualified immunity. Compare Malley v. … As the cited cases indicate, it may well be that Wilmot is entitled to absolute immunity for some of his actions, but only qualified immunity for others. We need not decide the issue.

Irwin Harris, M.D. v. Bellin Memorial Hospital and Confidential Peer Review, Ltd.

13 F.3d 1082 · Court of Appeals for the Seventh Circuit · Jan 7, 1994

immunity. .Both the Wisconsin peer review statute and federal law immunize from civil liability all participants in medical peer reviews that meet certain threshold conditions. … Fergus was uniquely qualified, as the referring physician for most of Dr.

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.

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.

Pearson, Alex v. Ramos, Anthony

Court of Appeals for the Seventh Circuit · Jan 22, 2001

Ramos was entitled to qualified immunity at the time of Mr. Pearson’s prolonged incarceration. … Ramos is entitled to qualified immunity and, on that basis, join in reversing the judgment of the district court.

Satkar Hospitality, Incorporat v. Fox Television Stations, Incor

767 F.3d 701 · Court of Appeals for the Seventh Circuit · Sep 10, 2014

Claims to which the Act applies must be dismissed unless the plaintiff produces “clear and convincing evidence that the acts of the moving party are not immunized from, or are not in furtherance of acts immunized from, liability … The media defendants responded that Satkar had not established excusable neglect for missing the October 21 deadline to appeal.

Callahan Ware v. Robert P. Heyne, George W. Phend, Albert Calhoun, Joe Riggs, and Edward Richards

575 F.2d 593 · Court of Appeals for the Seventh Circuit · Apr 5, 1978

There is no doubt that correctional officials are entitled to a qualified immunity from damage claims brought under § 1983 if they reasonably believed in good faith that their conduct was lawful, even though it was not. … This good faith defense, however, is *596 unavailable when the constitutional right in question was “clearly established” at the time of the challenged conduct and the defendants knew or should have known of the existence

Brown v. Hertz

437 F. App'x 496 · Court of Appeals for the Seventh Circuit · Aug 23, 2011

The state employees, for their part, submitted documents justifying their decisions not to respond to Brown’s grievances, and they asserted the defense of qualified immunity. … The magistrate judge also granted summary judgment for the state employees, finding them shielded by qualified immunity in the absence of any evidence that they clearly violated Brown’s constitutional rights.

White v. City of Chicago

829 F.3d 837 · Court of Appeals for the Seventh Circuit · Jul 21, 2016

The district court granted summary judgment for Officer O’Donnell on the federal claim for false arrest, finding that he was entitled to qualified immunity, and the court declined to exercise supplemental jurisdiction over … While the district court granted summary judgment for Officer O’Donnell on the basis of qualified' immunity, we conclude that he is entitled to summary judgment on the merits of the Fourth Amendment claim against him.

Allison, Charles P. v. Snyder, Donald

Court of Appeals for the Seventh Circuit · Jun 19, 2003

Katz, 533 U.S. 194, 201 (2001), so we discuss the merits along with the question whether the legal principles on which plaintiffs rely were so clearly established that persons in defendants’ posi- tion had to understand that … The three appellants prevail on the merits, without any need for qualified immunity.

Eric D. Holmes v. Marion County Sheriff's Office

Court of Appeals for the Seventh Circuit · Jul 21, 2025

Harris, 935 F.3d 670, 676 (9th Cir. 2019) (“[T]here are rare cases where an affirmative defense, such as immunity, may be so clear on the face of the complaint that dismissal may qualify as a strike for failure to state a … Immunity—particularly prosecutorial and qualified immun- ity—is often a contestable issue that requires the court to con- duct involved legal analysis.