Case law

Veasey v. Thoms

District Court, C.D. Illinois · Mar 28, 2025

“Brady Violation” refers to the rule established by the Supreme Court in Brady v. … Landi moves for summary judgment on the bases of qualified immunity, Plaintiff’s failure to allege any harassment or discrimination by Landi, unavailability of respondeat superior liability, waiver, and lack of subject-matter

Metcalf f/k/a Heilman v. Burke

District Court, C.D. Illinois · Jun 12, 2023

Heilman “cannot show that [the] facts fall under clearly established law that would overcome Defendants’ qualified immunity.” Defs.’ Mot. Summ. … 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

Evans v. Keystone Consolidated Industries, Inc.

884 F. Supp. 1209 · District Court, C.D. Illinois · May 4, 1995

Delco Remy: The various tort claims by the appellants demonstrate clearly an attempt to create major state court claims out of matters which are all part of a company claim of right under a collective bargaining agreement … Consequently, there is no need to examine or interpret the terms of the CBA to determine Walters’, Schorr’s, or Keystone’s right to investigate and report Plaintiffs alleged misconduct as a basis for establishing qualified

United States v. Gomez-Orozco

28 F. Supp. 2d 1092 · District Court, C.D. Illinois · Nov 12, 1998

It appears that, on the grounds addressed thus far, Defendant cannot qualify as a citizen under the provisions regarding children born out of wedlock. D. … Further, Congress has clearly indicated in other parts of the Act that the term “marriage” would be defined by state law, at least insofar as the marriage conformed to common understandings of the term.

Archer-Daniels-Midland Co. v. United States

798 F. Supp. 505 · District Court, C.D. Illinois · Sep 8, 1992

To the government, the language of the statute clearly demonstrates that 994(a) is not a mathematical formula and is appropriate for regulatory interpretation. … The no-loss rule does not “modify” or “amend” the statutory provision, which clearly does not address the issue of the allowance of loss deduction. Government’s First Memo at 14.

Wallace v. Heartland Community College

48 F. Supp. 3d 1151 · District Court, C.D. Illinois · Jun 20, 2014

Plaintiff May Be A “Qualified Individual” “The term ‘qualified individual’ means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual … In the Charge, Plaintiff clearly alleged that the reaction of her superiors, Mr. Hagberg and Ms.

United States v. Chaparro-Alcantara

37 F. Supp. 2d 1122 · District Court, C.D. Illinois · Mar 5, 1999

The preamble states that the “purpose of the [consular] privileges and immunities is not to benefit individuals but to ensure the efficient per *1125 formance of functions by consular posts on behalf of their respective states … I.N.S., 17 F.3d 511, 518 (2d Cir.1993) (“[a]lthough compliance with our treaty obligations clearly is required, we decline to equate such a provision with fundamental rights ... ”); Esparza-Ponce, 7 F.Supp.2d at 1097 (refusing

Ford v. Blagojevich

260 F. Supp. 2d 700 · District Court, C.D. Illinois · May 8, 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

Dean v. Wexford Health Source

District Court, C.D. Illinois · Nov 22, 2019

Defendant Mincy asserts qualified immunity. … established at the time of the alleged violation.’”

Angel-Tapia v. Westlake

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

Defendants’ removal of G.L. from his parents’ custody thus qualifies as a seizure. See Brokaw v. Mercer County, 235 F.3d 1000, 1010 (7th Cir. 2000). … The plaintiffs argued that even though the social worker’s actions occurred in connection with judicial proceedings, the actions were so clearly unlawful that absolute immunity should not apply. Id.

Cornish v. Papis

962 F. Supp. 1103 · District Court, C.D. Illinois · Apr 30, 1997

LEGAL STANDARD Federal Rule of Civil Procedure 50(a)(1) clearly establishes the standard by which a district court should decide a motion for judgment as a matter of law: If during a trial by jury a party has been fully heard … Clearly, under these facts and circumstances, a prudent man would have probable cause to believe that Anthony Cornish had committed the offense.

Huff v. The Board of Trustees of the University of Illinois

District Court, C.D. Illinois · Mar 31, 2025

While Plaintiff alleges she worked enough hours to qualify under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., she was denied leave which led to the loss of seniority for having unexcused, unpaid time … Regardless of the merits of sovereign immunity as a policy in these circumstances, Congress has not abrogated and the State has not waived its immunity from suit under the IHRA.

Steidl v. Walls

267 F. Supp. 2d 919 · District Court, C.D. Illinois · Jun 17, 2003

as a decision involving an unreasonable application of clearly established federal law.” … “Therefore, a federal court may not grant habeas corpus relief simply because it has independently concluded that the relevant state court decision misapplies clearly established federal law.

Farris v. Kohl

District Court, C.D. Illinois · Feb 13, 2023

The undisputed record establishes that IDOC’s rule is a blanket ban. … In her view, the undisputed facts establish that IDOC “believed—correctly or incorrectly—that [Ms.

Moorhead v. Lane

125 F.R.D. 680 · District Court, C.D. Illinois · Apr 29, 1989

The court went on to hold that this policy supported a “qualified privilege subject to necessity____” Id. at 739 , 112 Ill.Dec. 802 , 514 N.E.2d 465 . … The court’s research has not found a Seventh Circuit precedent that establishes an executive predecisional deliberative process privilege for state agencies.

Morton Community Unit School District No. 709 v. J.M.

986 F. Supp. 1112 · District Court, C.D. Illinois · Oct 23, 1997

Citing Tatro , the Level I Hearing Officer concluded that since the record established that J.M. only required the assistance of a “nurse or another qualified person” and not a physician, J.M. did not require “medical services … The Court of Appeals was clearly correct in holding that CIC is a “supportive servic[e] ... required to assist a handicapped child to benefit from special education.”

Lawler v. Peoria School District No. 150

119 F. Supp. 3d 928 · District Court, C.D. Illinois · Aug 10, 2015

To establish a claim under the ADA for failure to accommodate, Lawler must show “(1) she is a ‘qualified individual with a disability’; (2) the defendant was aware of her disability; and (3) the defendant failed tó reasonably … To establish that she is a “qualified individual with a disability," Lawler must establish not only that ’ she has a disability within the meaning of the ADA, but also that she is able “to perform the essential functions

Richardson v. Koeneman

410 B.R. 820 · District Court, C.D. Illinois · Jul 29, 2009

ANALYSIS A district court must uphold a bankruptcy court’s findings of facts unless they are clearly erroneous, and legal conclusions are reviewed de novo. Matter of Excalibur Auto. … Noting that the evidence before the Committee ‘clearly established a causal connection between harsh garnishment laws and high levels of personal bankruptcies, the House Report concluded: ‘The limitations on the garnishment

Robertson v. Jeffreys

District Court, C.D. Illinois · Apr 4, 2023

A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. §1915A … To establish a violation of Title II of the ADA, a plaintiff must prove: (1) she is a qualified individual with a disability; (2) she was denied the benefits of the services, programs, or activities of a public entity or

Brown v. Vancil, Jr.

District Court, C.D. Illinois · Sep 24, 2024

There are two exceptions to absolute judicial immunity. First, a judge is not entitled to absolute immunity for non-judicial acts. Stump v. Sparkman, 435 U.S. 349, 360 (1978). … But this case is both unpublished and was decided before the Supreme Court in Jacobs clearly limited Younger’s scope.