Case law

Aleman v. Village of Hanover Park

748 F. Supp. 2d 869 · District Court, N.D. Illinois · Sep 29, 2010

“Deciding a claim of qualified immunity generally involves two inquiries: (1) has the plaintiff alleged facts that, if proved, would establish a constitutional violation; and (2) would a reasonable officer have known his … actions were unconstitutional in light of clearly established law?”

Maysonet, Jr. v. Guevara

District Court, N.D. Illinois · Jun 11, 2020

because the constitutional violations alleged by Maysonet are clearly established. … Indeed, the assertion of qualified immunity, unless brought in bad faith, reflects an expectation that the evidence may reveal ambiguities such that the court or a jury could find that the officers did not violate clearly

Muni v. Immigration & Naturalization Service

891 F. Supp. 440 · District Court, N.D. Illinois · May 19, 1995

Under the INS’ view, membership on a major league team does not by itself qualify an athlete as one having extraordinary ability, though it may help to establish that the athlete meets several of the criteria listed. … Yet the INS did not explain why the articles did not qualify as proof of Muni’s ability.

Baltz v. Shelley

661 F. Supp. 169 · District Court, N.D. Illinois · Mar 3, 1987

The defendants have not raised the possibility that they are immune from such a claim; consequently, the court holds that they have waived any immunity defenses to the false-imprisonment claim. … Qualified Immunity As government officials performing discretionary functions, the defendants correctly state that they are shielded from liability for civil damages insofar as their conduct did not violate clearly established

Engel v. Buchan

981 F. Supp. 2d 781 · District Court, N.D. Illinois · Nov 12, 2013

Instead he urges that this case presents for the first time the question whether an investigator has a clearly established duty to disclose Brady evidence when the prosecutor is already in possession of that evidence (B.R … Even Engel concedes that “everyone agrees that Buchan would enjoy qualified immunity ... if nothing was withheld from the prosecutor” (E. R. Mem. 63).

Rosas v. Board of Education of the City of Chicago

District Court, N.D. Illinois · Jan 25, 2023

Qualified immunity shields public 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 … established law such that she is entitled to qualified immunity from suit under 42 U.S.C. §1983

Davis v. Lake County Jail

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

Having found questions of fact concerning the reasonableness of Abdeljaber’s use of the taser, the Court must determine whether he is nonetheless protected by qualified immunity. … Qualified immunity protects public officials from being monetarily liable unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at

Robinson v. Cook County, a municipal corporation

District Court, N.D. Illinois · Feb 3, 2021

Further, even if Plaintiff were right on this point, the Defendant officers likely would be entitled to qualified immunity. … That is, even if Plaintiff’s tan card alone permitted him to carry his firearm in his car, such right is likely not clearly established.

Lanahan v. County of Cook

District Court, N.D. Illinois · Apr 13, 2018

Qualified immunity arises 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. … To overcome a 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

International Korwin Corp. v. Kowalczyk

665 F. Supp. 652 · District Court, N.D. Illinois · Jul 1, 1987

Small Commercial Establishment Defendant also fails to qualify under § 110(5) because the Orbit is not the type of small commercial establishment protected by the exemption. … With 2,640 square feet of space, the Orbit is more than four times the size of the small fastfood store in Aiken and hence too large an establishment to qualify under § 110(5). See Gap Stores, 516 F.Supp. at 925 .

Smith v. Stewart

District Court, N.D. Illinois · Mar 10, 2020

right was clearly established at the time of the alleged violation.’” … 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

Bueno v. Immigration & Naturalization Service

578 F. Supp. 22 · District Court, N.D. Illinois · Apr 13, 1983

Plaintiff Bueno clearly lacks standing to make the third request. … established at INS.

Estate of Cassara v. Illinois

843 F. Supp. 411 · District Court, N.D. Illinois · Feb 2, 1994

Personal knowledge and involvement of the superior are essential for establishing individual liability under § 1983. See Gibson v. … immunity.

Magnus Electronics, Inc. v. Argentine Republic

637 F. Supp. 487 · District Court, N.D. Illinois · May 7, 1986

They clearly were. Despite that, Magnus Mem. 15 n. 8 suggests the dismissal of Magnus I for lack of subject matter jurisdiction has no res judicata effect on Magnus’ present action. … After Magnus files the Rule 11 statement described at the end of the preceding section, this Court will establish the procedures appropriate to carry on from that point.

Associates in Adolescent Psychiatry v. Home Life Insurance

729 F. Supp. 1162 · District Court, N.D. Illinois · Dec 19, 1989

In 1977, AAP established a defined benefit plan to complement its previously established defined contribution plan. … As will be seen below, Home Life’s FA does not clearly fall into either category of instrument.

Anderson v. Bowen

647 F. Supp. 1453 · District Court, N.D. Illinois · Nov 18, 1986

However, § 4.04 clearly states that the results of an acceptable treadmill test are to be given priority in ascertaining the severity of a cardiac disorder. … As established earlier, such a treadmill test was taken by the plaintiff and showed her impairments were not severe enough to qualify under the listing.

Rosario v. Retirement Board of the Policemen's Annuity & Benefit Fund

803 F. Supp. 2d 871 · District Court, N.D. Illinois · Mar 22, 2011

or qualified immunity; (3) the claims are barred as res judicata or by the Rooker-Feldman doctrine; and (4) plaintiffs have failed to state a claim under § 1983. … Assuming that plaintiffs could establish the first two elements, there is no way to satisfy the third element.

Cunningham v. EQUICKEDIT CORP. OF ILLINOIS

256 F. Supp. 2d 785 · District Court, N.D. Illinois · Apr 10, 2003

Moore told Elizabeth that she had to show that she had a job in order to qualify for the loan. (Id. ¶ 30.) … Under Illinois law, it is well-established that where a lender has complied with TILA, the lender is immune from state law claims for fraud or misrepresentation arising from the same loan documents and associated disclosures

Boim v. Quranic Literacy Institute

127 F. Supp. 2d 1002 · District Court, N.D. Illinois · Jan 10, 2001

The court rejected Wells’ contention that his actions did not qualify as “terrorism” because he committed no violent acts. Id. … Although applying a statute to conduct that occurred before its enactment is traditionally disfavored, the exception to foreign-state immunity established in § 1605(a)(7) explicitly had retroactive effect.

In Re Amino Acid Lysine Antitrust Litigation

918 F. Supp. 1190 · District Court, N.D. Illinois · Jan 18, 1996

As to any notion that “The Auction May Not Adequately Reflect Ex Ante Risks,” knowledgeable law firms are well qualified to make that sort of decision every day in establishing fee arrangements with their own clients. … That latter aspect needs no comment at this point, but the Milberg bid is clearly inferior to others.