BUNCH
v.
UNITED STATES

U.S. | 1986-01-13
No. 85-5801
474 U.S. 1067 Supreme Court of the United States (1986) Positive Treatment
Cited by 5 cases

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  • Rakovich v. Wade, 850 F.2d 1180 (7th Cir. 1988)
    …ary, case law in a closely analogous area is crucial to permit us to conclude that reasonably diligent government officials would have known of the case law, related it to the situation at hand, and molded their conduct accordingly.”), cert. denied, 474 U.S. 1067, 106 S.Ct. 822, 1588 L.Ed.2d 795 (1986)), cert. denied, — U.S. -, 108 S.Ct. 1057, 98 L.Ed.2d 1019 (1987). However, this does not mean that only binding precedent will clearly establish a right. Therefore, “[i]n the absence of binding precedent, a c…
  • Abel v. Miller, 824 F.2d 1522 (7th Cir. 1987)
    …er such legal norms existed at the pertinent time, we often refer to closely analogous case law, decided before the public official acted or failed to act. Kompare, 801 F. 2d at 887; Lojuk v. Johnson, 770 F. 2d 619, 628 (7th Cir.1985), cert. denied, 474 U.S. 1067, 106 S.Ct. 822, 88 L.Ed.2d 795 (1986). Of course, in analyzing those cases, precise factual congruity is not required. The MPRP and its employees have asserted a first amendment right to speak out publicly about the conditions at Marion and to purs…
  • Lenea v. Lane, 882 F.2d 1171 (7th Cir. 1989)
    …hese problems, we have “ ‘required caselaw which clearly and consistently recognized the constitutional right.’ ” Lojuk v. Johnson, 770 F. 2d 619, 628 (7th Cir.1985) (quoting Coleman v. Frantz, 754 F. 2d 719, 730 n. 15 (7th Cir.1985)), cert. denied, 474 U.S. 1067, 106 S.Ct. 822, 88 L.Ed.2d 795 (1986). Although we do not require cases involving the exact fact pattern at bar, case law in a closely analogous area is essential to permit us to conclude that the constitutional right was clearly established at the…

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