Case law

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  • Ward v. Sternes

    209 F. Supp. 2d 950 · District Court, C.D. Illinois · Jun 27, 2002

    as a decision ‘involving] an unreasonable application of ... clearly established Federal law.’ ” Williams, 529 U.S. at 407-08 , 120 S.Ct. 1495 . … However, Ward bases his claim on clearly established federal law as determined by the Supreme Court. Therefore, Respondent’s reliance on Teague’s prohibition of “new rules” is misplaced. Teague v.

    Cited 3 timesPublished
  • McBride v. McLean County

    District Court, C.D. Illinois · Jun 24, 2019

    Accordingly, in order to effectively claim absolute legislative immunity, this Court must look at whether the actions undertaken by Barnes and Wasson qualify as legitimate legislative activity and whether they were acting … The Seventh Circuit has held that an employer who fired an employee after she exposed corrupt practices was not immune from retaliatory discharge under the Tort Immunity Act, because the employer failed to establish that

    Cited 0 timesUnknown
  • Rogers v. Love

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

    are entitled to qualified immunity. … Qualified Immunity The Court has found that Defendants’ conduct did not violate Plaintiff’s Eighth and Fourteenth Amendment rights.

    Cited 0 timesUnknown
  • Lathan v. State of Illinois Department of Public Health

    District Court, C.D. Illinois · Sep 8, 2025

    Lathan was “qualified” for the position as Immunization Section Chief in the Division of Infectious Disease and completed her contract. … Lathan also admits that “[t]he warehouse was primarily medications/immunizations and record documents for the Immunization Section, and the funds used to pay for the warehouse came from the Immunization Section’s budget

    Cited 0 timesUnknown
  • Dykhouse v. Mugge

    735 F. Supp. 1377 · District Court, C.D. Illinois · Apr 24, 1990

    Clearly the allegations contained in Count I do not implicate any of the rights guaranteed by the fifth amendment. … In light of this statute and the explication of the doctrine of qualified immunity in Harlow v.

    Cited 3 timesPublished
  • Redman v. State of Illinois

    District Court, C.D. Illinois · Mar 3, 2023

    Plaintiff believes this delay establishes a constitutional violation. B. … Additionally, officers responsible for an inmate’s continued detention until residential housing can be established are entitled to qualified immunity.

    Cited 0 timesUnknown
  • Chad Feldman and Elizabeth Trost, individually and as parents and next friends of John Doe, a minor v. District 6 Board of Education d/b/a Staunton Community School District 6, Brett Allen, Stephanie Schwappach, and Carrie Griffith

    District Court, C.D. Illinois · Mar 31, 2026

    Defendants also argue they are immune from several state law claims under the Local Governmental and Governmental Tort Immunity Act (“TIA”). 735 ILCS 5/2-619(a)(9). … Finally, Defendants claim immunity under Sections 2-201 and 2-109 of the TIA.

    Cited 0 timesUnknown
  • United States Ex Rel. Perales v. St. Margaret's Hospital

    243 F. Supp. 2d 843 · District Court, C.D. Illinois · Feb 7, 2003

    Perona could not qualify as physician recruitment because Dr. Perona did not start working for SMH until April 1996. … Perona and SMH clearly states that the term of the agreement shall be from September 1, 1994, through August 31, 1998, and was signed by Dr. Perona on September 27, 1994.

    Cited 11 timesPublished
  • United States v. Rhodes

    201 F. Supp. 2d 906 · District Court, C.D. Illinois · May 1, 2002

    . § 1B1.3 provides: Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the … Thus, Rhodes clearly had access or authority over others’ valuable things. See United States v.

    Cited 2 timesPublished
  • In re McClellan

    152 B.R. 252 · District Court, C.D. Illinois · Mar 26, 1993

    (M & S), which established ERISA qualified profit-sharing and pension plans (PLANS). … Furthermore, the Debtor was clearly aware that the Trustee was liquidating all assets of the estate.

    Cited 1 timesPublished
  • Annoreno v. Sheriff of Kankakee County

    823 F. Supp. 2d 860 · District Court, C.D. Illinois · Oct 4, 2011

    On June 17, 2010, Defendants filed an Answer (# 9) and alleged an affirmative defense of qualified immunity to the Plaintiffs Complaint. … Therefore, these undisputed facts clearly indicate that Plaintiff failed to follow the JCDC’s administrative rules for inmate grievances.

    Cited 0 timesPublished
  • Hamlyn v. Rock Island County Metropolitan Mass Transit District

    964 F. Supp. 272 · District Court, C.D. Illinois · Apr 29, 1997

    The application form explicitly states: “WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [] AIDS.” … Plaintiff cites to three cases to support his argument that a stigma which causes psychological injury is sufficient to establish irreparable harm and an inadequate remedy at law.

    Cited 1 timesPublished
  • Illinois Ex Rel. Hartigan v. Panhandle Eastern Pipe Line Co.

    730 F. Supp. 826 · District Court, C.D. Illinois · Jan 16, 1990

    However, all of these established points beg the question. … Panhandle asserts that its conduct was immune under both standards. The courts do not generally favor implied antitrust immunities.

    Cited 9 timesPublished
  • Kauffman v. Petersen Health Care VII, LLC

    996 F. Supp. 2d 693 · District Court, C.D. Illinois · Nov 4, 2013

    To establish that she is a “qualified individual with a disability,” Plaintiff “must establish not only that she *700 has a disability within the meaning of the ADA, but also that she is qualified for the job, i.e., that … “An ADA plaintiff can establish discrimination by showing the employer failed to accommodate the employee, but she first must establish that she is a qualified individual with a disability.” Majors, 714 F.3d at 535 .

    Cited 0 timesPublished
  • Knott v. Frerichs

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

    Vill. of Tinley Park, 2024 IL App (1st) 230139, 68, the Illinois Appellate Court noted that although individuals making reports to the ARDC enjoy absolute immunity from state law tort liability, the same immunity … Likewise, in the instant case, although the Private Detective Act immunizes board members from conduct under state law, it cannot immunize them from allegations of federal civil rights violations.

    Cited 0 timesUnknown
  • Stephens v. United States

    472 F. Supp. 998 · District Court, C.D. Illinois · May 15, 1979

    This decision appears to be clearly within Dalehite’s bounds of discretion which is entitled to immunity. … Having established a duty, and breach, the Court must next turn to the issue of causation.

    Cited 25 timesPublished
  • Bolden v. Donathan

    District Court, C.D. Illinois · Dec 18, 2023

    Plaintiff names the Illinois Department of Human Services (“IDHS”) as the sole Defendant, but the IDHS does not qualify as a “person” within the meaning of the Civil Rights Act and is not subject to a Section 1983 suit. … July 26, 2002) (dismissing § 1983 claim against the IDHS due to the “well-established principle that states and state agencies enjoy immunity from suit in federal courts under the Eleventh Amendment.”).

    Cited 0 timesUnknown
  • Barrett v. Illinois Department of Corrections

    958 F. Supp. 2d 984 · District Court, C.D. Illinois · Jul 26, 2013

    Regarding the Ethics Act claim, IDOC argued that the claim was barred by Eleventh Amendment immunity. (# 5) Plaintiff conceded as much. (# 9). … [ejmployees seeking relief under the entitlement theory must therefore establish that the employer’s violation caused them harm.” Edgar v. JAC Products, Inc., 443 F.3d 501, 507-08 (6th Cir.2006), citing Ragsdale.

    Cited 3 timesPublished
  • Williams v. Haleighs Hope, Inc

    District Court, C.D. Illinois · Mar 11, 2025

    Plaintiff alleges each DCFS Defendant performed several negligent acts and/or omissions that clearly fall within the scope of being a DCFS “Child Welfare Employee.” … This Court is bound by the Seventh Circuit’s decision in T.S. and the Illinois Supreme Court’s decision in Healy, which establish that the DCPS Defendants are entitled to sovereign immunity. Il.

    Cited 0 timesUnknown
  • Moultrie III v. Cheesman

    District Court, C.D. Illinois · Sep 12, 2022

    Fitzsimmons, 509 U.S. 259, 269 (1993) (“In determining whether particular actions of government officials fit within a common-law tradition of absolute immunity, or only the more general standard of qualified immunity, … Qualified immunity, by contrast, covers administrative or investigative functions “that do not relate to an advocate’s preparation for the initiation of a prosecution or for judicial proceedings.”

    Cited 0 timesUnknown

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