Case law

Hamlyn v. ROCK ISLAND COUNTY METROPOLITAN

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.

Beathard v. Lyons

District Court, C.D. Illinois · Aug 11, 2022

Qualified Immunity Defendants argue that Lyons and Spack are entitled to qualified immunity because state employees who are sued in their individual capacities “are entitled … to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

United States v. Two Plastic Drums

761 F. Supp. 70 · District Court, C.D. Illinois · Apr 10, 1991

Summary judgment cannot be granted in favor of a party “who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof … Indeed, the court cited a Second Circuit case which held, “We do not believe a substance gains immunity from being a food additive merely because it also qualifies as a food.” Id.

Harris v. Walls

53 F. Supp. 3d 1092 · District Court, C.D. Illinois · Jul 7, 2014

Defendants assert that they are entitled to qualified immunity, but their argument is undeveloped because they do not discuss Shaw or Higgason . … Qualified immunity is beside the point here anyway, because no rational juror could find that Plaintiffs pursuit of his soy case or his attempt to help other inmates file truthful grievances was a motivating factor behind

Armstrong v. Mudd

655 F. Supp. 853 · District Court, C.D. Illinois · Feb 26, 1987

Nevertheless, where the public employer is insured for the misconduct of its employees, the issuing company waives the right to deny liability based upon any defense or immunity established by the legislature. … Apparently, the defendant municipalities had not procurred insurance and hence the immunity and defense waiver of K 9-103(c) was inapplicable. Nevertheless, the Court cited Stanton with approval.

White v. Harris

504 F. Supp. 153 · District Court, C.D. Illinois · Oct 9, 1980

The Secretary determined that plaintiff failed to establish entitlement to benefits under any of the applicable eligibility tests. … The statute clearly is unconstitutional.

Doe v. Macleod

District Court, C.D. Illinois · Mar 7, 2024

Defendants are not entitled to qualified immunity. Defendants also argue that they are entitled to qualified immunity. … the right at issue was clearly established at the time of the violation.”

Merkel

District Court, C.D. Illinois · Sep 2, 2026

Both the deposition testimony and the documentation clearly establish that Mia received two votes in favor and three votes opposed. … In this case, the record clearly establishes that the harassment was subjectively abusive.

Park v. Bruce

District Court, C.D. Illinois · May 6, 2021

establishes a manifest error of law or fact.” … The Ninth Circuit held that exercising physical force in the courtroom was not a judicial act entitled to absolute immunity. Id. at 64–65. It held that the judge could, however, claim qualified immunity.

G.C. by and through her parent and legal guardian A.C. v. Rock Island-Milan School District No. 41

District Court, C.D. Illinois · Sep 27, 2024

Second, it argues that Defendants are immune under specific provisions of the Local Governmental & Governmental Employees Tort Immunity Act (“Tort Immunity Act”) because the First Amended Complaint does not allege that … and response were “clearly unreasonable under the known circumstances.”

White v. Sweeney

District Court, C.D. Illinois · Jul 29, 2021

Qualified immunity provides an additional level of protection to officers. Abbott, 705 F.3d at 714. … She alternatively argues she is entitled to qualified immunity.

Leskovisek v. Ill. Dep't of Transp.

305 F. Supp. 3d 925 · District Court, C.D. Illinois · Apr 10, 2018

"[T[o establish injury in fact when seeking prospective injunctive relief, a plaintiff must allege a 'real and immediate' threat of future violations of their rights." Scherr v. … Illinois has legislatively waived its Eleventh Amendment immunity for claims for damages under the ADA. See 745 ILCS 5/1.5(d) ; Painter v. Ill.

Gregory v. Bustos

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

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 … violate clearly established rights.’”

OSF Healthcare System v. Sullivan

820 F. Supp. 390 · District Court, C.D. Illinois · Apr 27, 1993

At all times relevant hereto, the Plaintiff has operated an acute care hospital and has been qualified and entitled to payment from the federal Medicare Program as a provider of hospital and related health care services. … This settlement allegedly established St. James’s SCH status for 1980 and all subsequent years assuming no change in the hospital’s circumstances affected this status.

Evans v. Lederle Laboratories

904 F. Supp. 857 · District Court, C.D. Illinois · Oct 31, 1995

Moreover, a brief review of the legislative history surrounding the Vaccine Act clearly establishes that Congress did not intend to preempt State statutes of limitations. … In fact, the legislative history clearly indicates that Congress intended plaintiffs to have a choice.

Holland v. Richter

796 F. Supp. 2d 928 · District Court, C.D. Illinois · Jun 17, 2011

Defendants point out that Illinois law is not quite that clear, so they are entitled to qualified immunity. … The second assumption would lead to denial of the *935 Officers’ motion, because the law was sufficiently established that mere argument does not constitute either resistance or obstruction, so no qualified immunity attaches

Martin v. Discount Smoke Shop, Inc.

443 F. Supp. 2d 981 · District Court, C.D. Illinois · Jul 5, 2006

Therefore, this court concludes that an assessment of Plaintiffs level of academic functioning clearly constitutes an “expert opinion.” … Plaintiff has not shown that either Ellington or Lewiekyj was qualified to make this assessment.

Doe v. Macleod

District Court, C.D. Illinois · Mar 29, 2023

To defeat a qualified immunity defense by a state official, a plaintiff must show “(1) that the official violated a statutory or constitutional right; and (2) that the right was ‘clearly established’ at the time of … To defeat the Defendants’ qualified immunity defense, the Plaintiff has the burden of demonstrating that the alleged violation of her Eighth Amendment right was “clearly established.” Id.

Carter v. Rosenbeck

214 F. Supp. 2d 889 · District Court, C.D. Illinois · Aug 12, 2002

Williamson and Borklund maintain that even if their entry was unconstitutional and the arrest was made without probable cause, they are protected by the doctrine of qualified immunity as Plaintiffs have failed to present … a closely analogous case that would indicate the officers’ conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known.

Estate of Davis v. Hazen

582 F. Supp. 938 · District Court, C.D. Illinois · Jul 7, 1983

Moreover, the Court noted that reckless misconduct would dissipate a defendant’s qualified immunity. Id. … The supreme court in Elliott clearly felt that Kaiserman had been erroneously decided.