Case law

DeBord v. United States

870 F. Supp. 250 · District Court, C.D. Illinois · Nov 9, 1994

Illinois law. 8 In addition, because the United States is the insured at issue under these facts, the possibility that an employee would be without coverage under this policy, because the FTCA would not apply, does not establish … The Court finds this argument to be irrelevant because the exclusion, in this case, clearly precludes the United States from coverage under the policy.

Estate of James Iler, by Joseph Jones, Administrator, et al. v. Macoupin County, et al.

District Court, C.D. Illinois · Nov 14, 2025

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 … The Right was Clearly Established The clearly established prong of the qualified immunity analysis ensures that a government official is held liable only when the contours of the right allegedly violated

Donaldson v. Illinois State Board of Education

730 F. Supp. 1456 · District Court, C.D. Illinois · Feb 15, 1990

The Illinois State Board of Education is an agency of the state and is therefore absolutely immune from liability under 42 U.S.C. § 1983 . Gleason v. … Therefore, Governors State University does not qualify as a common public school. Nor does Plaintiffs service as a school board member qualify as supervising within the meaning of the statute.

Brigham v. Coles County Illinois

District Court, C.D. Illinois · Nov 25, 2020

Under the doctrine of qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “Officers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.

Andrews v. Rauner

District Court, C.D. Illinois · Sep 30, 2025

Qualified immunity insulates public employees from liability for money damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … at issue was clearly established at the time of defendant's alleged misconduct.”

Stewart v. United States

486 F. Supp. 178 · District Court, C.D. Illinois · Mar 12, 1980

It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operation. … Clearly the decision to sell asbestos involved policy considerations at the highest levels and that decision cannot result in tort liability for the Government.

Hurtado-Meza v. Cannataro

District Court, C.D. Illinois · Sep 21, 2023

Even if Plaintiff had established a constitutional violation, the Court finds that Defendants are entitled to qualified immunity. … Qualified immunity shields a public official unless the plaintiff can demonstrate that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged

Nickum v. Village of Saybrook

972 F. Supp. 1160 · District Court, C.D. Illinois · Jul 28, 1997

However, a common thread running through the case law on Noerr-Pennington is that in order to qualify for immunity, one must utilize legitimate means to get to the desired end. … Fact Concerts, Inc., 453 U.S. 247, 267, 101 S.Ct. 2748, 2760 , 69 L.Ed.2d 616 (1981) (establishing immunity for municipalities, as opposed to individuals, from punitive damages under § 1983); Smith v.

Bertschy v. Janssen

District Court, C.D. Illinois · Aug 7, 2020

IV Turning finally to the whether Officer Janssen is entitled to qualified immunity, “Qualified immunity attaches when an official’s conduct does not violate clearly established … It is the Plaintiff’s burden to overcome an officer’s claim of qualified immunity.

Caterpillar, Inc. v. International Union

897 F. Supp. 1150 · District Court, C.D. Illinois · Aug 31, 1995

Thus, Congress clearly and unambiguously intended that ERISA’s requirements apply to both unions and employers. … The Department of Labor has indicated that such a multiple-employer trust is not an ERISA plan, but is instead the funding vehicle for plans that may qualify as ERISA plans established at the individual level.

Jenkins v. Jeffries

District Court, C.D. Illinois · Jul 19, 2022

Qualified immunity insulates public officials from liability for money damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … at issue was clearly established at the time of defendant's alleged misconduct.”

McMahon v. Dunlap Community Unit School District No. 323

274 F. Supp. 3d 836 · District Court, C.D. Illinois · Apr 6, 2017

(ii) Whether McMahon applied for and was qualified for the position Next, Plaintiff must establish that he applied for and was qualified for the *846 position' sought. … Here, McMahon has not shown that he was clearly better qualified than Rieke-na or Skinner.

Doe Child, a minor by his parents and next friends, John and Jane Doe v. Stark County Community Unit School District 100

District Court, C.D. Illinois · Dec 9, 2019

“A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … “A school official searching a student is ‘entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.’

Campbell v. Swanson

District Court, C.D. Illinois · Mar 31, 2023

“When attempting to defeat an assertion of qualified immunity, the burden is on the plaintiffs to show that a particular right is ‘clearly established.’” Hardeman v. … It is Plaintiff’s burden to refute a claim of qualified immunity by showing that the right was clearly established, see Hardeman, 933 F.3d at 820, and nowhere in her complaint, response, or other filings does she do so.

Little v. United States

489 F. Supp. 1012 · District Court, C.D. Illinois · May 29, 1980

The moving party has the burden of clearly establishing both of these conditions. … F & F Investment Company, 489 F.2d 829 (7th Cir. 1973), plaintiff’s § 1981 claim seeking monetary damages is not barred by sovereign immunity.

Hamlyn v. Rock Island County Metropolitan Mass Transit District

960 F. Supp. 160 · District Court, C.D. Illinois · Mar 21, 1997

The application form explicitly states: “WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [ ] AIDS.” … Cuomo, 743 F.Supp. 977, 996-97 (N.D.N.Y.1990), monetary compensation would most likely not have been available because of the defendants’ claims of qualified immunity.

Griffin

District Court, C.D. Illinois · Nov 13, 2025

“The doctrine of qualified immunity ‘protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … As to the issue of qualified immunity, DeShaney and its progeny place the constitutional question as to the clearly established law “beyond debate”, but in the Defendants’ favor. Doxtator, 39 F.4th at 863.

Reese v. Doe

District Court, C.D. Illinois · Mar 7, 2023

right, and (2) the asserted right was clearly established at the time of the violation. … Further, Plaintiff has made no showing that his right to be free from the force used by Defendant in this case was clearly established at the time of the incident.

Hildebrandt v. Illinois Department of Natural Resources

132 F. Supp. 2d 674 · District Court, C.D. Illinois · Feb 20, 2001

They further claim that they are entitled to qualified immunity on the § 1983 claims and that the undisputed facts do not support her other claims. … The Defendants are entitled to qualified immunity if no precedent had been established that denying staff support, inequitable treatment by management of the type shown here, or slow reimbursement constituted gender determination

Simpson v. Tri Valley Community Unit School District No. 3 an Illinois Local Governmental Entity

District Court, C.D. Illinois · Sep 24, 2020

rights were violated by the search, Plaintiff had not established that the constitutional right was clearly established at the time of the search. … immunity analysis.