Case law
Opinions from 1658 to today.
6,132 results
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Cooley v. Bd. of Educ. of the City of Chicago
761 F. Supp. 2d 808 · District Court, N.D. Illinois · Jan 25, 2011
Summary Judgment Standard Every Rule 56 movant bears the burden of establishing 2 the absence of any genuine issue of material fact (Celotex Corp. v. … and (2) that Azcoitia is immune from liability in any event (D.
Cited 1 timesPublishedDistrict Court, N.D. Illinois · Sep 30, 2024
“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At most, Sergeant Lill was mistaken in his beliefs, which, nonetheless, affords him qualified immunity. Fleming v.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Oct 28, 2022
Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time. … The claim was not clearly established law in 1994, and Defendants therefore have qualified immunity.
Cited 0 timesUnknown756 F. Supp. 2d 983 · District Court, N.D. Illinois · Dec 21, 2010
Finally, even assuming that Martin and Darling lacked probable cause to arrest Boyle, they would be protected by qualified immunity. … Unlike in the case of the UCPD Officers, there is no doubt that CPD Officers can invoke the doctrine of qualified immunity. E.g., Carmichael v.
Cited 1 timesPublished563 F. Supp. 236 · District Court, N.D. Illinois · May 10, 1983
The ease is now before this Court on the defendants’ motion for summary judgment in which defendants have raised a number of immunity and statutory defenses. … The defendant denies any bad faith conduct on his part and raises as a defense the doctrine of immunity in all its forms — sovereign, absolute, and qualified.
Cited 2 timesPublishedHoward v. Board of Educ. Sycamore Dist.
876 F. Supp. 959 · District Court, N.D. Illinois · Feb 8, 1995
Further, Welcker argues he is protected by qualified immunity because a reasonable person in his position would not have considered the student misconduct to be unconstitutional and because no clearly established law made … Plaintiff also posits that the issue of qualified immunity is premature as it depends on facts outside the complaint and that the law regarding Welcker’s responsibilities was clearly established at the time of his alleged
Cited 16 timesPublishedInstituto Nacional De Comercializacion Agricola v. Continental Illinois National Bank & Trust Co.
576 F. Supp. 991 · District Court, N.D. Illinois · Jan 16, 1984
Indeca has not raised any sovereign immunity or act of state defense to the in pari delicto contention. … Nor does it appear it should be allowed to claim such immunity, see Foreign Sovereign Immunity Act (“FSIA”), 28 U.S.C. §§ 1602-11 , given its use of United States courts to assert its claim and the commercial nature of the
Cited 17 timesPublishedDistrict Court, N.D. Illinois · Aug 26, 2022
Qualified Immunity Lastly, Defendants contend that qualified immunity protects Defendants from liability. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Aug 26, 2022
Whether Mulac is Entitled to Qualified Immunity Defendants also argue that Mulac4 is entitled to qualified immunity. (Individual Defs.’ Mot. to Dismiss at 12–13.) … the right was clearly established at the time of the challenged conduct.”
Cited 0 timesUnknownJones v. Village of Villa Park
815 F. Supp. 249 · District Court, N.D. Illinois · Jan 19, 1993
In the instant case, the uncontradicted facts set forth in defendants’ 12(M) statement establish that -Officer Bernardo had probable cause to arrest Jones. … This use of force, however, was clearly warranted and reasonable under the circumstances confronting Bernardo at the time of the arrest.
Cited 3 timesPublished746 F. Supp. 751 · District Court, N.D. Illinois · Jul 18, 1990
. §§ 621-634 (“ADEA”) 1 by repeatedly failing to hire Lackhouse as a revenue officer despite his being qualified for the position. … At each of those times Lackhouse was unsuccessful in applying for the revenue officer position despite the fact that he was fully qualified.
Cited 3 timesPublishedIllinois Ex Rel. Illinois Department of Public Aid v. Heckler
616 F. Supp. 620 · District Court, N.D. Illinois · Aug 23, 1985
In those terms Illinois might qualify for extensive federal funding, while a second state that provided exactly the same type and extent of services to handicapped children might not qualify for a single penny—and that would … But that contention is clearly wrong.
Cited 6 timesPublishedDistrict Court, N.D. Illinois · Dec 19, 2024
The officers assert qualified immunity for the use of force. … The defendants are entitled to qualified immunity. C.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Sep 30, 2018
right,’” and (2) the right was ‘clearly established at the time of the alleged violation.’” … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, -- U.S. --, 137 S.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jul 31, 2025
The doctrine of qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome qualified immunity, a plaintiff must show that (1) the official violated his constitutional rights, and (2) the right was clearly established at the time of the violation. Id.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jul 24, 2019
qualified immunity affords an added layer of protection by shielding officers from suit for damages if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information … established for qualified immunity purposes.
Cited 0 timesUnknown790 F. Supp. 181 · District Court, N.D. Illinois · Mar 5, 1992
It is settled law that to establish a cause of action for malicious prosecution, a plaintiff must show: “(1) the commencement or continuance of an original criminal or civil judicial proceeding by the defendant; (2) the termination … Clearly, this statute provides certain immunities and defenses for local public entities and public employees.
Cited 1 timesPublishedLopez v. The Sheriff of Cook County
District Court, N.D. Illinois · Mar 31, 2020
Doran, 807 F.3d 178 (7th Cir. 2015) (cleaned up).10 To defeat qualified immunity, a plaintiff must establish both that (1) the defendant violated a constitutional right and (2) the right was “clearly established … What Raines did on that sidewalk—as alarming as it was—did not violate a clearly established constitutional right. Qualified immunity applies.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Sep 29, 2021
Lanier and Taylor are entitled to qualified immunity because Eason has not shown that the undisputed facts show a violation of clearly established law. … In summary, the officers are entitled to qualified immunity because Eason has not shown that the law clearly established that Lanier’s or Taylor’s use of deadly force was unlawful.
Cited 0 timesUnknown29 F. Supp. 2d 480 · District Court, N.D. Illinois · Nov 18, 1998
In an opinion issued earlier this year, the Seventh Circuit again reversed the district court and ruled that Officer Hardin’s actions were clearly within the scope of his employment. … The Illinois Supreme Court has also indicated that the Act was adopted to mitigate the harshness and injustice of the sovereign immunity doctrine and established “the general principle that local governmental units are liable
Cited 1 timesPublished
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