Case law

Brooks v. Kim

District Court, N.D. Illinois · May 10, 2023

Qualified immunity "protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which a … Even if it were not forfeited, Kim's qualified immunity defense would fail on the merits. As just discussed, the Fourteenth Amendment right to privacy of highly personal medical information is clearly established.

Rivera v. Guevara

District Court, N.D. Illinois · Aug 31, 2018

Guevara is entitled to qualified immunity for the “recant” “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly … In this case, qualified immunity is appropriate for Guevara on the “recant” claim against him because there was no constitutional violation and the law was not clearly established.

Rakestraw v. United Airlines, Inc.

765 F. Supp. 474 · District Court, N.D. Illinois · May 30, 1991

As a result, United established a new type of training program for the 570. … The new seniority provision would clearly impose irreparable injury on plaintiffs.

Richardson v. Village of Dolton

District Court, N.D. Illinois · Sep 30, 2022

Qualified immunity shields state officials from Section 1983 liability “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time … Qualified immunity provides 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

Williams v. Milne

District Court, N.D. Illinois · Jun 29, 2021

Qualified Immunity Next, Defendant argues that qualified immunity protects him 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.”

Granzow v. Eagle Food Centers, Inc.

27 F. Supp. 2d 1105 · District Court, N.D. Illinois · Dec 11, 1998

Clearly Granzow has demonstrated that they would be. … From the required look at the evidence in the light most favorable to Granzow, a genuine issue of material fact clearly exists as to whether Granzow was qualified.

Woods v. Foster

884 F. Supp. 1169 · District Court, N.D. Illinois · Jan 4, 1995

As Defendants have not' established that Plaintiffs cannot recover on the facts alleged in the First Amended Complaint, the motion to dismiss must be denied. … Third, Plaintiffs argue that employers clearly have a duty to exercise reasonable care in the retention and supervision of their employees.

Jewish War Veterans of US v. American Nazi Party

260 F. Supp. 452 · District Court, N.D. Illinois · Sep 30, 1966

The complaint in this cause (together with the so-called “Emergency Complaint” clearly sets forth a conspiracy between defendants for the purpose of depriving plaintiffs in this cause and others, — people of the Jewish faith … — of equal privileges and immunities which have been granted to them under the Constitution and the statutes of this country.

Torres v. City of Chicago

194 F. Supp. 2d 790 · District Court, N.D. Illinois · Mar 29, 2002

City of Chicago, 40 F.Supp.2d 1009 (N.D.Ill.1999) (Shadur, J.), for the proposition that “[o]fficers who fail to seek medical care for a man who clearly cannot seek it for himself are subject to liability under Section 1983 … The plaintiff cannot prevail against Sergeant Keller under any of the theories presented, so I need not consider whether he is entitled to qualified immunity. See Lanigan v. Village of E.

Milford v. Commercial Carriers, Inc.

210 F. Supp. 2d 987 · District Court, N.D. Illinois · Mar 12, 2002

To the extent that plaintiff can establish tortious conduct by Delavan prior to the merger, however, the dual personality exception would apply. II. … It was clearly foreseeable that CCI would manufacture the carriers and that, once assembled, drivers would be loading and unloading cars from them.

Henson v. Thezan

698 F. Supp. 150 · District Court, N.D. Illinois · Nov 2, 1988

; and second, that even if plaintiff has established such a genuine issue on this score, he has not established one on the injury element. … Defendants do maintain, however, that the pictures and medical report so clearly contradict plaintiffs testimony that the testimony does not suffice to take the ease to trial.

Lektro-Vend Corp. v. Vendo Company

403 F. Supp. 527 · District Court, N.D. Illinois · Jun 27, 1975

To prove violation of section 2, plaintiffs must establish three elements of proof: (1) a dangerous probability of actual monopolization in a relevant market; (2) specific intent to establish a monopoly power; and (3) overt … When Congress passed the various antitrust laws it clearly created federal rights and remedies enforceable in a federal equity court.

Burlet v. Baldwin

District Court, N.D. Illinois · Apr 3, 2020

Qualified immunity applies 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, 137 S. … Whether Taylor and Baldwin violated this clearly established right depends on the existence of an alternative motivation—a disputed factual question.

Adler v. Northern Hotel Co.

80 F. Supp. 776 · District Court, N.D. Illinois · Oct 28, 1948

However, if the Winshire Arms Apartment Hotel fails to qualify as one of the types of establishments embraced in the scope of the term, it becomes unnecessary for the Court to determine whether the Expediter’s interpretation … Clearly, it should have available continuously some accommodations for guests.

Employers Insurance of Wausau a Mutual Co. v. Bush

791 F. Supp. 1314 · District Court, N.D. Illinois · Apr 16, 1992

Absolute Immunity to State-Law Claims Defendants argue that they are absolutely immune to the state-law claims (i.e., state-tort claims and state-constitutional claims) asserted against them in their individual capacities … Finally, the individual defendants are shielded from the constitutional claims described above under the doctrine of qualified immunity.

In Re Ocean Bank

481 F. Supp. 2d 892 · District Court, N.D. Illinois · Mar 16, 2007

Further, despite the lack of any credential or experience that would qualify him to say so, Mr. … Connelly refers to here as “we,” but Ocean Bank has not established that he is qualified to offer testimony on the meaning of the law.

C.G.

District Court, N.D. Illinois · Sep 9, 2026

Finally, Ford and Van Treese invoke the defense of qualified immunity, arguing that the rights implicated in C.G.’s First Amendment retaliation claim were not clearly established. … Because Plaintiffs points to no cases that show C.G.’s First Amendment rights were clearly established under these circumstances, the court finds Ford and Van Treese are entitled to qualified immunity.

Fullilove v. City Of Chicago

District Court, N.D. Illinois · Dec 5, 2024

immunity. … If there was even “arguable probable cause,” the Officers would be entitled to qualified immunity. Abbott v.

Jackson v. Joliet Police Department, The

District Court, N.D. Illinois · Sep 29, 2020

Qualified Immunity To establish qualified immunity, a defendant must show that his conduct did not violate a clearly established constitutional right. See Lovett v. … Rosado and Perona argue that there is no clearly established constitutional right to be free from a retaliatory or improper investigation.

Northland Insurance v. Truckstops Corp. of America

914 F. Supp. 216 · District Court, N.D. Illinois · Nov 21, 1995

A subsequent decision has clearly held “that defendants should be allowed ... to assert plaintiffs employer’s negligence as an affirmative defense.” Ridings v. Ralph M. … Further, such consideration *220 does not eliminate an employer’s immunity from tort liability for this same reason....