Case law
Opinions from 1658 to today.
9,632 results
1.05s
Estate of James Franklin Perry v. Cheryl Wenzel
872 F.3d 439 · Court of Appeals for the Seventh Circuit · Sep 18, 2017
As a result, qualified immunity is not a bar to Perry’s suit. … If the right was clearly established, then qualified immunity is not a bar to suit. Washington v. Haupert, 481 F.3d 543, 547 (7th Cir. 2007).
Cited 167 timesPublishedJason Findlay v. Jon Lendermon
722 F.3d 895 · Court of Appeals for the Seventh Circuit · Jun 14, 2013
Because Findlay has not carried his burden of showing the violation of a clearly established right, Lendermon is entitled to qualified immunity. I. Background A. … But qualified immunity requires the plaintiff to produce a case “clearly establish[ing] [the right] in a particularized sense, rather than in an abstract or general sense.” Abbott v.
Cited 74 timesPublishedShontay Humphries v. Milwaukee Coun
702 F.3d 1003 · Court of Appeals for the Seventh Circuit · Dec 26, 2012
The Supreme Court held in Pearson that a court may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law without first resolving whether the purported right exists. … As the plaintiff, Humphries has the burden of defeating the qualified immunity defense that the defen- dants raised, so she must show that the due process right she asserts was clearly established by prior case law.
Cited 25 timesPublished967 F.3d 584 · Court of Appeals for the Seventh Circuit · Jul 21, 2020
Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well‐ pleaded allegations, taken as true, do not “state a claim of vi‐ olation of clearly established law.” … that the plaintiffs stated a claim for a violation of a clearly established right, barring qualified immunity at this point in the litigation.
Cited 102 timesPublished123 F.3d 1005 · Court of Appeals for the Seventh Circuit · Sep 29, 1997
It held that he was *1008 entitled to qualified immunity because, at the time of Officer Chan’s transfer, it was not clearly established that the transfer constituted a burden sufficiently grave to constitute an infringement … The official is entitled to this immunity if, at the time he acted, he reasonably could have determined that his actions did not violate clearly established law. See Anderson v.
Cited 70 timesPublishedRegina Warlick, Cross-Appellant v. Herman Cross, Cross-Appellee
969 F.2d 303 · Court of Appeals for the Seventh Circuit · Sep 2, 1992
the court can base its legal determination of qualified immunity. *306 Rakovich v. … to qualified immunity.
Cited 61 timesPublishedLelah Jerger v. Shannon Blaize
41 F.4th 910 · Court of Appeals for the Seventh Circuit · Jul 26, 2022
If the facts, as represented by the Jergers, portray a clearly established constitutional viola- tion, the district court’s decision cannot stand. See Taylor v. … Of course, “specificity is im- portant” in defining clearly established law, but there need not be “a case presenting the exact same facts” for defendants to be on notice that their behavior violates constitutional rights.
Cited 11 timesPublishedBecky Chasensky v. Scott Walker
740 F.3d 1088 · Court of Appeals for the Seventh Circuit · Jan 22, 2014
Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which … Defendants are, therefore, entitled to qualified immunity because they have violated no clearly established privacy right. iii.
Cited 67 timesPublishedJulian Nettles-Bey v. Philip Williams
819 F.3d 959 · Court of Appeals for the Seventh Circuit · Apr 14, 2016
The district judge thought that this suit presents a triable issue not because of any doubt about the law—the judge deemed it clearly established that an officer may not arrest … That’s the qualified-‐‑immunity issue: Whether it is clearly estab-‐‑ lished that federal law (statutory or constitutional) forbade the public employees to act as they did.
Cited 6 timesPublished992 F.2d 140 · Court of Appeals for the Seventh Circuit · Jun 18, 1993
But the court found the law on probable cause was in a state of flux at the time of the magistrate’s issuance of the warrant, and therefore, Kelly was entitled to qualified immunity since plaintiffs’ rights were not clearly … We affirm the district court’s dismissal of plaintiffs’ suit because of Kelly’s qualified immunity.
Cited 32 timesPublished614 F.3d 707 · Court of Appeals for the Seventh Circuit · Aug 2, 2010
Defendants’ motion relied on qualified immunity, and so that is what the district court focused on. … It recognized that there are two elements of a qualified immunity claim—first, that the defendants violated Moss’s constitutional rights, and second, that those rights were clearly established at the time the defendants acted—and
Cited 16 timesPublishedRonnie Rice v. James Burks and Mark Harvey
999 F.2d 1172 · Court of Appeals for the Seventh Circuit · Jul 26, 1993
Police officers who use force in making an arrest are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional … “It is the plaintiff who bears the burden of establishing the existence of the allegedly clearly established constitutional right.” Rakovich v.
Cited 48 timesPublished169 F.3d 428 · Court of Appeals for the Seventh Circuit · Feb 17, 1999
immunity, because the Harrells faded to allege a violation of a clearly established federal right. … The court further found that this constitutional right was clearly established at the time of the alleged violation, and hence the defendants were not protected by qualified immunity.
Cited 52 timesPublishedLandstrom v. Illinois Department of Children & Family Services
892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990
Contrary to plaintiffs’ contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.
Cited 19 timesPublishedShearl Danenberger v. J. Thomas Johnson, Mark Frech and Bill Fleischli
821 F.2d 361 · Court of Appeals for the Seventh Circuit · May 4, 1987
Supreme Court stated that “whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of his conduct as measured by reference to clearly established law.’ ” Id. at 3018 (quoting … prior to Hermes , and, thus, the defendants in this case would still be entitled to qualified immunity since any such right enunciated in Hermes was not previously clearly recognized.
Cited 15 timesPublishedJerry Smith, Jr. v. Melvin Finkley
10 F.4th 725 · Court of Appeals for the Seventh Circuit · Aug 18, 2021
vi- olated was not clearly established. … rules that were clearly established at the time it was taken.”
Cited 139 timesPublishedGloria Taylor v. City of Milford
10 F.4th 800 · Court of Appeals for the Seventh Circuit · Aug 19, 2021
Qualified immunity “protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When assessing a defendant’s assertion of qualified immunity, we ask: “whether the plain‐ tiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established at the time of defendant
Cited 75 timesPublishedMichael W. Alvarado v. Ronald D. Picur, Special Administrator of the Estate of Robert Curry, 1
859 F.2d 448 · Court of Appeals for the Seventh Circuit · Oct 27, 1988
We reverse because Curry had qualified immunity. … Thus whether Curry is protected by qualified immunity turns on the objective reasonableness of his actions in those thirty minutes, as assessed in light of the legal rules that were “clearly established” on November 22, 1985
Cited 55 timesPublishedDaniel P. And Eunice A. Leclair v. Lawrence R. Hart and Thomas Larson
800 F.2d 692 · Court of Appeals for the Seventh Circuit · Sep 8, 1986
We further note that defendants Hart and Larson are covered by qualified immunity unless their alleged actions on November 10, 1982, violated clearly established law at the time that Hart and Larson acted. … Nuclear Regulatory Commissioners, 747 F.2d 139, 148 (3d Cir.1984) (no qualified immunity if the defendant violates “a clearly established and well litigated general proposition in which the case at hand merely presents a
Cited 24 timesPublished987 F.2d 397 · Court of Appeals for the Seventh Circuit · Feb 19, 1993
We believe these facts establish that Boyles is entitled to qualified immunity. … He also argues that even if Four County is entitled to qualified immunity, it violated his clearly established right to refuse anti-psychotic medication.
Cited 85 timesPublished
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