Qualified Immunity

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7^th Circuit Court of Appeals

Case Name: Keli Calderone v. City of Chicago, et al.,

Case No.: 19-2858

Officials: FLAUM, ROVNER, and WOOD, Circuit Judges.

Focus: Qualified Immunity

Caught in a fit of road rage, Keli Calderone shot another driver with her handgun. An Illinois grand jury subsequently indicted her for attempted murder. Calderone’s employer—the City of Chicago (“the City”)—administratively charged her for violating its personnel rules. At her later criminal bench trial, Calderone argued self-defense; an Illinois judge agreed and acquitted her. Soon thereafter, the City reinstated Calderone.

Calderone then sued the City and her supervisors in federal court, claiming, among other things, that the City fired her in retaliation for her exercise of her Second Amendment rights. The City moved to dismiss the claims, arguing that Calderone’s conduct was not within the scope of activity protected by the Second Amendment. The district court granted the motion, reasoning that even if Calderone does have a constitutional right to discharge her firearm in self-defense, qualified immunity shielded her supervisors from suit because caselaw has not clearly established that right. We affirm the district court on the sole ground that Calderone’s supervisors are entitled to qualified immunity.

Affirmed

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.