Case law

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  • Kreith v. American Airlines, Inc.

    District Court, N.D. Illinois · Mar 1, 2021

    Here, the complaint falls short of establishing that the allegedly defamatory statements fall within a qualified privilege. … In other words, immunity under the ATSA contains the same “actual malice” exception as qualified privilege under Illinois law. Cf. id. at 246–47 (tracing that standard for purposes of ATSA immunity to N.Y.

    Cited 0 timesUnknown
  • Ienco v. Angarone

    291 F. Supp. 2d 755 · District Court, N.D. Illinois · Nov 12, 2003

    . § 1983 , lenco must establish that Defendants were acting under the color of state law when they deprived him of a federal right. Ienco, 286 F.3d at 997-98. … Because we find that the officers’ actions did not violate Ienco’s due-process rights under the Newsome test, we need not decide whether they are also entitled to qualified immunity. 6 The Clerk *764 is instructed to enter

    Cited 4 timesPublished
  • Garcia v. Rix

    District Court, N.D. Illinois · Sep 10, 2025

    “[Q]ualified immunity affords an added layer of protection” to a probable cause defense “by shielding officers from suit for damages if a reasonable officer could have believed [the arrest] to be lawful, in light of clearly … “Because qualified immunity protects all but the plainly incompetent or those who knowingly violate the law, a law enforcement officer will be immune to claims based on an arrest without probable cause unless it is obvious

    Cited 0 timesUnknown
  • Doe v. City of Naperville

    District Court, N.D. Illinois · Jun 5, 2019

    immunity because plaintiff’s Fourteenth Amendment right to due process was not clearly established. … Qualified immunity.

    Cited 0 timesUnknown
  • Gutierrez v. City of Aurora

    District Court, N.D. Illinois · Jul 1, 2024

    These factual disputes also preclude this Court from deciding whether Officers Meyers and McCue are entitled to qualified immunity at this time. … immunity.”

    Cited 0 timesUnknown
  • M. v. Chicago Public School Board of Education

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

    Yarbrough’s Qualified Immunity Claim a. … Qualified Immunity Standard Qualified immunity protects government officials from liability for damages under Section 1983, to the extent that their conduct does not violate “clearly

    Cited 0 timesUnknown
  • Bailey v. Binyon

    583 F. Supp. 923 · District Court, N.D. Illinois · Mar 30, 1984

    That procedure has been adapted to discharge cases, in which a plaintiff may satisfy his initial burden by establishing: “(1) that the plaintiff was a member of a racial minority; (2) that he was qualified for the job he … If Defendants’ position were correct, the employer would be immune from liability under Title VII.

    Cited 41 timesPublished
  • Bader v. United Airlines, Inc.

    113 F. Supp. 3d 981 · District Court, N.D. Illinois · Jul 9, 2015

    Finally, even if the AQP clearly requires I/Es to be line-qualified, United has not explained why the FTEPA preempts plaintiffs’ claim that the line-qualification requirement violated their rights when plaintiffs are I/Es … As explained above, United has not established that it is compelled by law to require its I/Es to be line-qualified.

    Cited 2 timesPublished
  • Taylor v. Huntley

    District Court, N.D. Illinois · Mar 22, 2019

    As a final matter, the defendants contend that they are entitled to qualified immunity. … ‘The Court accordingly rejects the defendants’ arguments concerning qualified immunity.

    Cited 0 timesUnknown
  • Hamrick v. Lewis

    515 F. Supp. 983 · District Court, N.D. Illinois · May 13, 1981

    As this Court and others have clearly stated, “a single instance of individual officers’ misconduct ... however reprehensible if true, does not indicate systematic, city-supported abuses of the nature to which Monell makes … Someone is surely at fault for failing to establish or execute appropriate procedures for preventing such serious malfunctionings in the administration of justice.

    Overruled by City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981)Cited 31 timesPublished
  • Scruggs v. United States of America

    District Court, N.D. Illinois · Mar 27, 2019

    To defeat the qualified immunity defense, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that the right was clearly established at the time so that it would have been … Luna, 136 S.Ct. 305, 308 (2015) (cautioning courts “not to define clearly established law at a high level of generality” but rather to focus on “whether the violative nature of the particular conduct is clearly established

    Cited 0 timesUnknown
  • Sullivan v. United States

    129 F. Supp. 713 · District Court, N.D. Illinois · Apr 18, 1955

    The test to be applied in a case of this sort has been clearly enunciated by Section 1346(b) of Title 28, U.S.C.A. … The establishment of this Plan, delegated to the Field Director’s Office * * * clearly required the exercise of expert judgment.” Dalehite v. United States, 346 U.S. 15 , at page 40, 73 S.Ct. 956 , at page 970.

    Cited 5 timesPublished
  • Benda v. Bowen

    684 F. Supp. 210 · District Court, N.D. Illinois · May 4, 1988

    The record clearly indicates that Benda’s disorder has not seriously disrupted his daily life and social interaction. … To qualify for benefits under § 12.06, Benda would have to establish the existence of two of the same four factors that the AU has already found to be absent. See id. § 12.06(B).

    Cited 1 timesPublished
  • Archie v. City Of Chicago

    District Court, N.D. Illinois · Sep 25, 2020

    Qualified immunity shields government officials against damages suits. Officials are immune from suit unless they violate a constitutional right that was clearly established at the time of the violation. Harlow v. … July 16, 2015) (dismissing claims based on qualified immunity).

    Cited 0 timesUnknown
  • Bradford v. City of Chicago, a municipal corporation

    District Court, N.D. Illinois · Mar 31, 2021

    issue was “clearly established” at the time of the alleged violation. … Plaintiffs have failed to meet their burden to establish a genuine issue for trial concerning qualified immunity, and summary judgment is proper for the Individual Defendants on Count III. II.

    Cited 0 timesUnknown
  • Amati v. City of Woodstock, Ill.

    829 F. Supp. 998 · District Court, N.D. Illinois · Aug 10, 1993

    Pitzman argues he is immune from damage liability by virtue of the Illinois Tort Immunity Act, 745 ILCS 10/2-201 (1993), 18 and by common law public officials’ immunity. … One need only conjure up slightly different factual circumstances to more clearly appreciate this type of privacy invasion.

    Cited 22 timesPublished
  • Blumenthal v. Murray

    995 F. Supp. 831 · District Court, N.D. Illinois · Feb 11, 1998

    The CHA, Murray and Cruse-Boyd seek to dismiss Count I on the basis that plaintiff has not established a prima facie ease because he has not established that his job performance met the CHA’s expectations and because he has … Persons acting under the color of state law who “subject[] or cause[] to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws,

    Cited 3 timesPublished
  • Bacon v. Holzman

    264 F. Supp. 120 · District Court, N.D. Illinois · Feb 17, 1967

    regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States ór other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Cynicism regarding the Chicago political climate has long been an established viewpoint, held by a segment of the public in this area.

    Reversed by Robert Briscoe v. Stanley T. Kusper, Jr., 435 F.2d 1046 (1971)Cited 10 timesPublished
  • Thuet v. Chicago Public Schools

    District Court, N.D. Illinois · Oct 7, 2022

    “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 … “When confronted with a claim for qualified immunity, [the court] must address two questions: whether the plaintiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established

    Cited 0 timesUnknown
  • Lyne v. Arthur Andersen & Co.

    772 F. Supp. 1064 · District Court, N.D. Illinois · Sep 4, 1991

    These services qualify as “merchandise” under the Consumer Fraud Act. … Nor is there any indication that Illinois courts would consider accountants to be immune from the provisions of Consumer Fraud Act.

    Cited 11 timesPublished

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