Case law

Village of Bloomingdale v. CDG Enterprises, Inc.

Illinois Supreme Court · Jun 21, 2001

CDG’s Counterclaim in Tort This court has already established a significant line of precedent regarding the existence of common law exceptions to immunities granted by the Act. … Clearly, the legislature did not intend to grant an empty immunity to local public entities when they denied “permits” such as zoning petitions. See State Farm Fire & Casualty Co. v.

In re motion of Frank

293 Ill. 263 · Illinois Supreme Court · Jun 3, 1920

affirmatively to the satisfaction of the committee that the petitioner possesses such character and general fitness as would qualify him for admission to the bar and the performance of the duties of an attorney and counselor … Unless a manifest abuse of this discretion is clearly shown its judgment will be accepted as final and no re-examination of its decision will be undertaken.

Kocsis v. Chicago Park District

362 Ill. 24 · Illinois Supreme Court · Nov 21, 1935

Justice Wilson delivered the opinion of the court: The plaintiff, Joseph Kocsis, a qualified tax-payer of the former West Pullman Park District, filed a complaint in the circuit court of Cook county against the Chicago Park … The fourth contention is that the Assumption act is a special act granting irrevocable privileges and immunities.

The PEOPLE v. Haskell

41 Ill. 2d 25 · Illinois Supreme Court · Sep 24, 1968

Accordingly, the consent by a defendant’s wife to a search of an apartment jointly owned or occupied by them has been held sufficient to waive her husband’s constitutional immunity. (People v. … It follows that we are bound to accept the testimony given by the police detectives as true because it cannot be said that it is clearly unreasonable.

The People v. Coolidge

26 Ill. 2d 533 · Illinois Supreme Court · Feb 1, 1963

Measuring by these established doctrines it emerges clearly that the record here presents sufficient and satisfactory evidence to prove all elements of the charge of assault with intent to murder, and that the jury was justified … Furthermore, to warrant a reversal because of the incompetency of counsel, the record must clearly establish not only that counsel performed his trial duties in an incompetent manner, but also that defendant was- substantially

People ex rel. Patterson v. Long

297 Ill. 194 · Illinois Supreme Court · Dec 21, 1920

forming the district so as to readily move from one county to the other, or from one district to another, and have the right to vote on questions within the district without the qualifications required by law, and may be qualified … It clearly creates a special method of conducting an election and designating the place of voting and qualifications of voters.” We think this objection is without merit.

Palmer v. Mt. Vernon Township High School District 201

169 Ill. 2d 551 · Illinois Supreme Court · Jan 18, 1996

To reach this conclusion, the court reasoned that the "public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply … It is well established that teachers stand in loco parentis to their students, and that their supervision of students’ activities is cloaked with immunity if willful and wanton misconduct by the supervising teacher is not

The People v. Sterling

357 Ill. 354 · Illinois Supreme Court · Jun 19, 1934

Curtis and others were his bondsmen, and that he duly qualified and served as such State Treasurer, receiving a salary of $10,000 per annum therefor and not entitled to any other profit or income from said office. … It is clearly established in this State that it cannot. In the case of Mathias v. Mathias, 202 Ill. 125 , the parties were husband and wife.

Frackelton v. Masters

249 Ill. 30 · Illinois Supreme Court · Feb 25, 1911

They, however, failed to qualify and declined to act as executors. … But we are clearly of the opinion that the act of 1909, which purports to confer general original jurisdiction on probate courts, is unconstitutional.

The People v. Exum

382 Ill. 204 · Illinois Supreme Court · Jan 19, 1943

The guaranty of the constitution is not against all search and seizure but against unreasonáble search and seizure, and it does not extend to immunity from search on arrest. … In this case the defendant was clearly proved guilty.

Franklin v. Westfall

273 Ill. 402 · Illinois Supreme Court · Apr 20, 1916

Olson, 245 Ill. 288 , in this language: “There is no substantial or material difference between the terms ‘city court’ and ‘municipal court,’ both of which are courts of the municipality in which they are established.” … The instant case is therefore clearly controlled by the rule laid down in the case of People v. Bnglish, supra.

Country Mutual Insurance Co. v. Teachers Insurance Co.

Illinois Supreme Court · Mar 22, 2001

Teachers, in its motion for summary judgment, argued that: (1) Country Mutual is obligated to indemnify Chapman pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … In the absence of any statutory language qualifying that mandate, the statute must be construed to require primary coverage.” State Farm , 182 Ill. 2d at 246 .

People v. Lewis

88 Ill. 2d 129 · Illinois Supreme Court · Nov 13, 1981

There is no allegation that Judge Scott purposefully appointed counsel whom he believed was not qualified. … The instruction was clearly permissive, rather than mandatory.

Biogenetics, Ltd. v. Department of Public Health

89 Ill. 2d 92 · Illinois Supreme Court · Feb 2, 1982

Moreover, a thorough examination of the record reveals no evidence to establish this contention. … They contend that even the most clearly qualified physicians should not be allowed to practice without a license, because to do so would encourage those less clearly qualified but who believe themselves to be similarly qualified

Kaufman v. Schroeder

Illinois Supreme Court · Feb 25, 2011

The circuit court of Jersey County found that the one-year limitation period found in section 8–101(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/8–101( … In summary, the majority’s holding in this case represents a striking and inexplicable departure from our established precedents in Brucker and Orlak, as well as those of the appellate court.

Douglas v. Union Mutual Life Ins.

127 Ill. 101 · Illinois Supreme Court · Jan 25, 1889

But this has no tendency to prove that language in a deed is not to be construed according to its well established meaning, or that a prior written agreement, not referred to in that deed or in any written instrument made … contemporaneous with or subsequent to its execution, is to be held as qualifying and changing the title it conveys.

People Ex Rel. Coutrakon v. Lohr

9 Ill. 2d 539 · Illinois Supreme Court · Nov 26, 1956

Viewed in the light of these rules, we think it clear that the act embraces but one subject, the establishment of a Metropolitan Pair and Exposition Authority, which is clearly expressed in the title. … They are clearly auxiliary to the main purpose of the act.

The PEOPLE v. West

15 Ill. 2d 171 · Illinois Supreme Court · Nov 26, 1958

The constitutional guaranties against search and seizure are not against all searches and seizures but only against those that are unreasonable and do not extend to immunity from search upon lawful arrest. (P1eople v. … Holt, 398 Ill. 606 ;) and unless it can be said the court’s judgment is found to rest on doubtful, improbable or unsatisfactory evidence, or clearly insufficient evidence, a reviewing court will not substitute its judgment

Hudson v. City of Chicago

Illinois Supreme Court · Jan 25, 2008

The district court granted the defendant summary judgment on the ADA claim, finding that the plaintiff was not a “qualified individual” under the ADA. … Plaintiffs’ negligence claim in Hudson I was involuntarily dismissed based on statutory immunity.

People v. King

2020 IL 123926 · Illinois Supreme Court · Feb 5, 2021

Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.” … We hold that the State did. ¶ 52 The applicable law is well established.