Case law

Opinions from 1658 to today.

Filtersilcd

892 results

0.99s

  • 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
  • Ochoa

    District Court, C.D. Illinois · Feb 24, 2026

    Thus, the district judge and prosecutors were entitled to absolute immunity. See Polzin v. … and will require Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 12) The Court directs the Clerk to enter the standard qualified

    Cited 0 timesUnknown
  • United States Equal Employment Opportunity Commission v. Autozone, Inc.

    822 F. Supp. 2d 824 · District Court, C.D. Illinois · Nov 8, 2011

    Although other awards provide a “reference point” for assessing reasonableness, they do not establish a range or a point at which awards are necessarily unreasonably excessive. Deloughery v. … AutoZone does not clearly state which essential function is pertinent to this argument.

    Cited 2 timesPublished
  • Reid ex rel. Reid v. Norfolk & Western Railway Co.

    964 F. Supp. 1249 · District Court, C.D. Illinois · Jun 13, 1997

    In the case sub judice, the first exception clearly does not apply because Defendant never discovered Plaintiff. … Thus, he hardly qualifies as a small or a young child.

    Cited 1 timesPublished
  • Hamlyn v. ROCK ISLAND CTY. METRO. MASS TRANSIT

    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 0 timesPublished
  • Brookhart v. Illinois State Board of Education

    534 F. Supp. 725 · District Court, C.D. Illinois · Mar 23, 1982

    While Superintendent Gill found that “the record does clearly establish how well these efforts succeeded,” there is neither evidence nor contention that any plaintiff here did not know of the graduation requirement of passing … School District # 150 argues that the State Board lacks authority to issue diplomas, which is clearly true.

    Cited 2 timesPublished
  • Harris

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

    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.” Id. … Plaintiff states that an Adjustment Committee found Plaintiff violated the rule against assault, which Plaintiff claims clearly establishes that he was assaulted. (Pl. Compl., Doc. 1 at 5, 7.) C.

    Cited 0 timesUnknown
  • Gaul v. Truth Now LLC

    District Court, C.D. Illinois · Aug 24, 2022

    The Court does not find that Plaintiff’s pleading unambiguously establishes Defendant’s claim to CDA immunity. Accordingly, Defendant’s motion to dismiss premised on the CDA is DENIED. … This clearly distinguishes this case from those Defendant cites.

    Cited 0 timesUnknown
  • Hartfield v. Lozar

    District Court, C.D. Illinois · Jun 5, 2025

    Malicious Prosecution “To establish a claim for malicious prosecution under Illinois law, plaintiffs must establish five elements: (1) commencement or continuation of an original … Ct. 594, 597-98 (2018) (“When district courts dismiss all claims independently qualifying for the exercise of federal jurisdiction, they ordinarily dismiss as well all related state claims.”)

    Cited 0 timesUnknown
  • United States v. Davis

    870 F. Supp. 255 · District Court, C.D. Illinois · Nov 23, 1994

    Thus, clearly this is the type of firearm described in § 5845(a). … Clearly, the first element is present, and the Government does not appear to argue otherwise.

    Cited 0 timesPublished
  • White

    District Court, C.D. Illinois · May 11, 2026

    However, because Plaintiff is not required to plead around an affirmative defense such as qualified immunity, the Court will permit Plaintiff’s First Amendment retaliation claim to proceed against Defendant Brown. … Despite Plaintiff including Defendants Alford, Hughes, Does I, II, and III, and Wexford, Plaintiff does not include facts that establish or permit the inference that they violated his constitutional rights.

    Cited 0 timesUnknown
  • Henry's On Main LLC v. Village of Rochester

    District Court, C.D. Illinois · Oct 16, 2024

    Id. at 267-68 (“As Reed established, Tebben’s actions as liquor commissioner in deciding upon liquor applications (irrespective of the fact that he was also mayor) were judicial, and thus entitled to absolute immunity regardless … The court in Brunson appeared to suggest that a mayor-liquor commissioner qualifies as a final policymaker.

    Cited 0 timesUnknown
  • Johnson v. City of Kewanee

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

    J. 3. 5 In addition to its “gross misconduct” defense, the City asserted the affirmative defense of qualified immunity. Answer 9. … The Court declines to address this defense because (1) the City did not raise the issue in its motion for summary judgment, and (2) it is well established that municipalities do not enjoy qualified immunity, Owen v.

    Cited 0 timesUnknown
  • Christianson v. Colt Industries Operating Corp.

    766 F. Supp. 670 · District Court, C.D. Illinois · Mar 28, 1991

    Colt contends that its invocation of the protection of its trade secrets is immunized by the Noerr-Pennington doctrine, which holds that the First Amendment to the United States Constitution immunizes from antitrust liability … In fact, the United States qualified eight firms to bid for the most recent five year M16 contract, and the contract was awarded to FN Manufacturing, Inc. and not to Colt.

    Cited 1 timesPublished
  • K'S MERCHANDISE MART, INC. v. Kmart Corp.

    81 F. Supp. 2d 923 · District Court, C.D. Illinois · Jan 25, 2000

    Based on that review, the court concludes that Plaintiff has not established a likelihood of success on the merits because it has not established that the slogan is a protectable mark. … However, Plaintiff bears the burden of establishing that its unregistered slogan qualifies for that protection. Platinum Home Mortgage Corp. v. Platinum Fin.

    Cited 1 timesPublished
  • Butt v. Board of Trustees of Eastern Illinois University

    83 F. Supp. 2d 962 · District Court, C.D. Illinois · Jun 15, 1999

    In this case, Defendants state that they decided not to interview Plaintiff because he was not as qualified as the other candidates. … Here, the phrase in the subcommittee report clearly has no probative value with regard to Defendants Johnson and Nichols because neither of them helped produce that report.

    Cited 1 timesPublished
  • Southerland v. Escapa

    176 F. Supp. 3d 786 · District Court, C.D. Illinois · Mar 31, 2016

    The Court dismissed the seizure claim because the seizure of Plaintiffs weapons “was supported by probable cause, and, regardless, the Defendant is entitled to qualified immunity.” See Opinion (d/e 14). … (“[I]f the government can establish that a challenged firearms law regulates activity falling outside the scope of the Second Amendment right as it was understood at the relevant historic moment. . .then the analysis can

    Cited 1 timesPublished
  • Federal Deposit Insurance Corp. v. Nihiser

    799 F. Supp. 904 · District Court, C.D. Illinois · Feb 27, 1992

    The defendants argued that section 1821(k) established a federal standard of gross negligence or a higher degree of culpability for directors' and officers’ liability. Id. at 535 . … public policy supporting their position by balancing “the government’s need to recover money damages for conduct amounting to aggravated fault on the part of directors and officers with the need to insure that competent and qualified

    Cited 13 timesPublished
  • Thompson v. Archer Daniels Midland Co.

    174 F. Supp. 2d 833 · District Court, C.D. Illinois · Dec 5, 2001

    DISABILITY UNDER THE ADA To establish disability discrimination in violation of the ADA, Plaintiff must show: (1) he is disabled within the meaning of the ADA; (2) he is qualified to perform the essential functions of the … Plaintiffs reliance on the holding in Thompson is clearly misplaced based upon the recent contrary holding by the Seventh Circuit in Contreras .

    Cited 2 timesPublished
  • Runkel v. City of Springfield

    District Court, C.D. Illinois · Jul 14, 2021

    immunity at the pleading stage. … Plaintiff also asserts that Defendants’ reliance on Wilkin’s qualifications is suspicious because Wilkin was clearly less well- qualified than Plaintiff.

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.