Case law

Wonsey v. City Of Chicago

District Court, N.D. Illinois · Nov 26, 2018

rights and that the Officer Defendants are entitled to qualified immunity. … “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.

Gulla v. Chicago State University

District Court, N.D. Illinois · Sep 25, 2025

Due Process Gulla also asserts a due process claim, alleging that he held a “constitutionally protected and clearly established property interest in his continued education … If so, immunity attaches. Id.

MacH Mold Inc. v. Clover Associates, Inc.

383 F. Supp. 2d 1015 · District Court, N.D. Illinois · Aug 17, 2005

The City argued that it was immune under the Tort Immunity Act; the home buyers contended that issuing permits was a ministerial function for which there was no immunity. … Tort Immunity Act.

A.T. v. County of Cook

613 F. Supp. 775 · District Court, N.D. Illinois · Jul 2, 1985

They allege that these detentions have occurred continuously well over a year, thus bolstering their allegation that the custom is well established. … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980) (city does not share qualified immunity defense of its officers); Coleman, supra, 470 F.Supp. at 681 (county does not share immunity enjoyed by defendant

Marsh-Leigh

District Court, N.D. Illinois · Dec 22, 2025

Qualified immunity The individual City defendants argue that they are entitled to qualified immunity because there is no clearly established law holding unlawful a three-month … Qualified immunity rests on two fact-dependent inquiries: whether an official violated a statutory or constitutional right and whether that right was clearly established at the time of the violation. Id.

Gardley v. City of Chicago

District Court, N.D. Illinois · Oct 11, 2022

The doctrine of qualified immunity shields a government official from liability for civil damages to the extent that his conduct does not violate "clearly established statutory or constitutional rights of which a reasonable … right was clearly established at the time of the alleged violation.

Munn v. City of Aurora

District Court, N.D. Illinois · Mar 1, 2018

Qualified Immunity (Count II) Defendants assert that Osberg is entitled to qualified immunity for her actions and thus, the Court should dismiss Count II. … 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.

Northen v. City of Chicago

841 F. Supp. 234 · District Court, N.D. Illinois · Oct 7, 1993

See Doe, 788 F.2d at 422 (because plaintiff may be able to establish that she should be covered under Title VII, district court should not have dismissed case at pleading stage). … Compare 42 U.S.C. §§ 12111-12 (referring to "qualified individual with a disability") and 42 U.S.C. § 2000e (referring to "an individual”).

Clements v. City of Elgin

District Court, N.D. Illinois · Mar 27, 2024

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … Jensen would be entitled to qualified immunity on the excessive force claim asserted against him if the Estate cannot show that his conduct violated a clearly established constitutional right such that he was on notice

Horton v. Marovich

925 F. Supp. 532 · District Court, N.D. Illinois · Jan 19, 1996

is complying with the mandates of Gomez, 811 F.2d at 1039 (complaint should be viewed in light most favorable to plaintiff), and Conley, 355 U.S. at 45-46 , 78 S.Ct. at 102 (court may dismiss complaint only if plaintiff clearly … For Horton to establish the basis for his damages claims, he necessarily would have to demonstrate the invalidity of his conviction and imprisonment. See Heck, — U.S. at-, 114 S.Ct. at 2369 .

White v. Dial Corp.

882 F. Supp. 701 · District Court, N.D. Illinois · May 18, 1994

Even if White’s supervisors were not immune to losing their tempers on occasion, that would scarcely equate to intolerable working conditions. … II 65) successfully qualified as a female A-5 Operator and thereafter received numerous raises after White had left (D. Ex. B at 0000136-39).

Javier v. Immigration & Naturalization Service

335 F. Supp. 1391 · District Court, N.D. Illinois · Dec 3, 1971

We will discuss some of these categories progressing from those instances most clearly within the realm of the third preference to those least likely to qualify. … He clearly stated that: “The petitioner does not have a baccalaureate degree.

Kukla v. Village of Antioch

647 F. Supp. 799 · District Court, N.D. Illinois · Nov 6, 1986

Clark asserts absolute prosecutorial immunity, and Chief Miller a qualified immunity under the rule of Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The threshold question is whether the decision establishes a new principle of law.

Marsden v. Kishwaukee Community College

District Court, N.D. Illinois · Nov 17, 2021

If the rights were not clearly established, then the official is immune from suit and the claim is dismissed.” … Defendants do not argue for dismissal based on qualified immunity because there is no clearly established right, but rather, “because the defendants did not violate plaintiff’s clearly established constitutional right

Romero

District Court, N.D. Illinois · Jun 30, 2026

Plaintiff also argues that Forlenza does not enjoy qualified immunity because his use of excessive force violated a clearly established right. … Qualified Immunity Defendants have also failed to show that Forlenza is entitled to qualified immunity.

Ochana v. Flores

199 F. Supp. 2d 817 · District Court, N.D. Illinois · Apr 11, 2002

immunity grounds). … Also, because the officers had probable cause to arrest Ochana, the court need not decide the qualified immunity question.

Goode

District Court, N.D. Illinois · Nov 21, 2025

Qualified Immunity The defendants claim that they are entitled to qualified immunity under the doctrine of “arguable probable cause.” (R. 31 at 23.) … “An officer is . . . entitled to qualified immunity in a false arrest case when a reasonable officer could have mistakenly believed that probable cause existed.” Schimandle v. Dekalb Cnty.

Martinez v. Dart

District Court, N.D. Illinois · Aug 4, 2021

) whether the constitutional right was clearly established at [that] time.’” … And on those facts, Kulasa is not entitled to qualified immunity.

Ramos v. Harris

District Court, N.D. Illinois · Dec 30, 2021

Qualified Immunity Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or … As explained 2 That right is, of course, clearly established. See Kingsley, 576 U.S. at 396. But the “dispositive question” is “whether the violative nature of particular conduct is clearly established.”

Heyman v. Heyman

548 F. Supp. 1041 · District Court, N.D. Illinois · Sep 29, 1982

Thus it clearly and unambiguously prohibits interception of all wire communications by any person except as specifically provided in the statute. … Comment, Interspousal Electronic Surveillance Immunity, 7 U. of Tol.L.Rev. 185, 205 n.85 (1975).