Case law

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.

First Defense Legal Aid v. City of Chicago

209 F. Supp. 2d 935 · District Court, N.D. Illinois · Jul 18, 2002

But it must be remembered that this is not an action for damages that might trigger considerations of qualified immunity, but is rather one seeking injunctive relief to which such immunity does not extend (see, e.g., Pulliam … Allen, 466 U.S. 522 , 104 S.Ct. 1970 , 80 L.Ed.2d 565 (1984), rejecting even the applicability of absolute judicial immunity where only injunctive relief is at issue).

Medina v. Izquierdo

District Court, N.D. Illinois · Mar 28, 2022

Qualified immunity protects government actors from liability for damages under § 1983 to the extent their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would … As discussed above, qualified immunity protects government actors from liability if the conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

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.

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.

Arnold v. County of Cook

220 F. Supp. 2d 893 · District Court, N.D. Illinois · Sep 11, 2002

Every accommodation is in some sense a preference, but the ADA clearly requires accommodation in some circumstances. The question is not whether, but when. … II To establish a reasonable accommodation claim, Arnold must show that he was a “qualified individual with a disability,” which is defined as an “individual with a disability who, with or without reasonable accommodation

Palmer v. Circuit Court of Cook County, Soc. Serv.

905 F. Supp. 499 · District Court, N.D. Illinois · Oct 30, 1995

Qualified Individual Even if plaintiff were able to show that she were disabled under the ADA, plaintiff still could not prevail on this claim because she is unable to establish that she is qualified for the position. … Plaintiffs objectionable behavior clearly began before the April 7th and 8th phone calls.

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.

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....

Warner/Elektra/Atlantic Corp. v. County of DuPage

771 F. Supp. 911 · District Court, N.D. Illinois · Jul 18, 1991

The court reasoned that although the defense of tort immunity was available to the employer, “[t]he potential for tort liability exists until the defense is established.” 77 Ill.Dec. at 764 , 461 N.E.2d at 387 . … and Governmental Employees Tort Immunity Act.

Baum v. Investors Diversified Services, Inc.

286 F. Supp. 914 · District Court, N.D. Illinois · May 17, 1968

Representative Patman clearly emphasized the amendment’s application to tangibles, such as merchandise, in the above remarks. … The statutory language does not in the first instance, delegate to the SEC the right to set the commission rates. 10 This is left to the underwriter, *926 subject to the governing regulation of qualified securities associations

Villars v. Holder

District Court, N.D. Illinois · Mar 12, 2019

The Court may also “grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported right exists at … Therefore, Kubiatowski is entitled to qualified immunity. IV.

Benskin v. Addison Township

635 F. Supp. 1014 · District Court, N.D. Illinois · Mar 6, 1986

The “ ‘allegation of a single incident of unconstitutional conduct by a municipal employee usually does not establish a sufficient basis for suing the municipality.’ ” Strauss v. … Punitive damages may even be recovered from a municipality if it waives its immunity. See Kolar v. County of Sangamon, 756 F.2d 564, 567 (7th Cir.1985). 8 .

Grissette v. City Of Aurora

District Court, N.D. Illinois · Apr 11, 2024

whether Webster is entitled to qualified immunity. … 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 person would

Kelley v. Crosfield Catalysts

962 F. Supp. 1047 · District Court, N.D. Illinois · Feb 20, 1997

One is that his absence was a qualified leave under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. and 5 U.S.C. § 6381 et seq. (FMLA). … The Act clearly does not provide qualified leave for every family emergency.

Warren v. Kendall County Sheriff

District Court, N.D. Illinois · Jul 25, 2018

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 person would have … In addition, Commander Jennings is entitled to qualified immunity because it is not clearly established that where a supervisor recommends termination of a subordinate (even assuming it is based on a discriminatory motive

Underground Solutions, Inc. v. Palermo

41 F. Supp. 3d 720 · District Court, N.D. Illinois · May 15, 2014

If California’s anti-SLAPP statute applies, Palermo argues, the Court must strike UGSI’s state law claims, because Palermo’s speech qualifies for protection under the statute and because UGSI cannot show that it will prevail … UGSI expands on this point in its response memorandum, arguing that it “clearly does allege in the complaint that Palermo posted the slideshow and other defamatory statements on his website,” noting that Palermo lists a Tennessee

Catlett v. Peters

32 F. Supp. 2d 1010 · District Court, N.D. Illinois · Sep 19, 1998

He alleges that he was not permitted to confront and cross-examine the IDHS patients, nor was he given access to other IDHS patients who could establish that he did not commit the offenses alleged. … Defendants also argue that they are immune from suit under the common law doctrine of “public official immunity.”

Hardin v. Harshbarger

814 F. Supp. 703 · District Court, N.D. Illinois · Jan 14, 1993

Class Certification Rule 23 of the Federal Rules of Civil Procedure establishes a two-step procedure to determine if a class action is appropriate. … Additionally, a class action that satisfies all four of the Rule 23(a) requirements must also qualify under one of the three subsections of Rule 23(b).