Case law

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.

Construction Equipment Federal Credit Union v. Roberts (In Re Roberts)

149 B.R. 547 · District Court, C.D. Illinois · Jan 21, 1993

In 1984, the qualifying statutory language was eliminated. … The court addressed the question of whether the credit union qualified as a nonprofit institution under § 523(a)(8).

Volk v. Coler

638 F. Supp. 1555 · District Court, C.D. Illinois · Jul 8, 1986

(B) Evidence of Harassment The evidence in this case does not establish, by a preponderance, that Plaintiff was in fact subject to a continuous pattern of harassment. Clearly, Ms. … Msseemmaa was also less qualified due to his inability to speak English clearly and communicate with his co-workers and clients.

Kuhn v. Johnson

684 F. Supp. 548 · District Court, C.D. Illinois · May 13, 1988

Clearly, Plaintiff’s continuous service was not broken by his resignation from Rehabilitation because he began work at Revenue the very next day. … We further note that the issue Plaintiff does press in his motion for summary judgment would likely have resulted in a favorable outcome for Defendants based on the affirmative defense of qualified immunity. .

United States Ex Rel. Taylor v. Gilmore

770 F. Supp. 445 · District Court, C.D. Illinois · Dec 19, 1990

However, the Illinois Appellate Court cited no cases substantiating its position that Reddick was “clearly” based upon existing law. … 58 S.Ct. at 151 ) firmly establish that this category is reserved for overwhelmingly fundamental constitutional doctrines.

Coffey v. Cox

218 F. Supp. 2d 997 · District Court, C.D. Illinois · Aug 20, 2002

Because Short was not qualified for the position and because Short was certainly not as qualified as he was, Coffey contends that a reasonable jury could conclude that political considerations affected the hiring process. … The fact that Short may not have been qualified or as qualified for the stationary engineer position as Coffey was, without more, is insufficient to create a genuine issue of material fact precluding summary judgment.

Maxwell

District Court, C.D. Illinois · Sep 1, 2026

Therefore, the claims against the Missouri Defendants are hereby dismissed as Plaintiff has not met her burden to establish their minimum contacts with Illinois. … Qualified immunity is applied when the claims against the prosecutors arise from administrative or investigative conduct. Buckley v. Fitzsimmons, 509 U.S. 259, 272-74 (1993).

Baumann v. American National Red Cross

262 F. Supp. 2d 965 · District Court, C.D. Illinois · May 21, 2003

The standard of care governing this type of decision clearly involves medical learning or principles, and is not within the knowledge of most lay people. … Therefore, although Baumann was not a “patient” receiving “medical treatment” in the traditional sense from the Red Cross, Woodard establishes that this case is one for medical malpractice rather than simple negligence, and

Gray v. Pfister

6 F. Supp. 3d 871 · District Court, C.D. Illinois · Dec 5, 2013

Federal circuit precedent does not constitute clearly established federal law as determined by the Supreme Court, . and therefore cannot form the basis for habeas relief under AEDPA. Parker v. … Therefore, Petitioner cannot meet his threshold showing that clearly established federal law, as embodied in Su *884 preme Court precedent, was unreasonably applied by the state court.

United States v. Fifer

188 F. Supp. 3d 810 · District Court, C.D. Illinois · May 18, 2016

Further, the Court adopts the facts and findings of its previous opinion denying the Defendant’s motion and holds that the Defendant did not satisfy his burden of establishing that he could not “obtain a fair trial” without … The Court Did Not Err By Qualifying the Government’s Expert Witnesses. The Defendant next argues that the Court erred by qualifying Ellen Price and Michael Mitchell as experts.

Hamrick v. General Services Administration

107 F. Supp. 3d 910 · District Court, C.D. Illinois · May 22, 2015

On April 28, 2015, this Court entered an Order establishing the documents that are appropriately included in the Administrative Record for review in this case. (See ECF No. 52). … “That is, clearly specify what GSA is trying to accomplish, and why.

Lovelace v. Gibson

District Court, C.D. Illinois · Oct 13, 2020

“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.” … Lovelace’s trial team was not clearly established.

Jano Justice Systems, Inc. v. Burton

636 F. Supp. 2d 763 · District Court, C.D. Illinois · Jun 10, 2009

Next, the Clericus Magnus software qualifies as a “trade secret.” … Therefore, Jano has adequately established irreparable harm. Similarly, Jano has shown the inadequacy of legal remedies.

DeBacker v. City of Moline

78 F. Supp. 3d 916 · District Court, C.D. Illinois · Jan 27, 2015

Titus was clearly aware of De-Backer’s mental distress. … IX.Immunity Titus asserts the affirmative defense of immunity under the Tort Immunity Act.

Griffin v. Poynter

District Court, C.D. Illinois · Sep 30, 2021

’s clearly established constitutional rights. … “Qualified immunity shields a government official from liability for damages when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Farris v. Kohl

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

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 would have known.” … clearly established at the time of defendant's alleged misconduct.”

Western Illinois Service Coordination v. Illinois Department of Human Services

District Court, C.D. Illinois · Sep 29, 2020

“Ex parte Young recognized what has become one of several well-established exceptions to the Eleventh Amendment bar on suing states in federal court, permitting private citizens to sue state officials in their … The exception recognized by Illinois courts “distinguishes Illinois’s sovereign immunity rule from federal law immunity doctrines, which usually apply to bar claims regardless of their potential merit.” Id.

Ford v. Blagojevich

282 F. Supp. 2d 898 · District Court, C.D. Illinois · Sep 15, 2003

In Abitbol , the Oklahoma Governor appointed an acting district attorney, until a permanent one was “appointed and qualified or elected and qualified, whichever occurs earlier.” Id. at 336 . … The Oklahoma Supreme Court noted that Oklahoma law clearly mandated that upon resignation of a district attorney, the Governor, “ ‘shall appoint a qualified person to serve the balance of the unexpired term’ of the office

United States v. Oliver

468 F. Supp. 2d 980 · District Court, C.D. Illinois · Jan 8, 2007

Following this careful review, this court concludes that the Government clearly proved, beyond a reasonable doubt, that the cocaine base possessed by Defendant was in the form of “crack.” … Edwards, 397 F.3d 570, 574 (7th Cir.2005), did not change any of this well established law.

Novick v. Village of Bourbonnais

District Court, C.D. Illinois · May 1, 2024

The remaining Defendants asserted the following affirmative defenses: (1) qualified immunity; (2) comparative fault; (3) reduction of liability under a contributory negligence theory pursuant to 735 ILCS 5/2-1116; and ( … have generally held that granting bifurcation in excessive force cases is usually appropriate as the probability of finding the individual not liable under qualified immunity is low.