Case law

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.

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

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.

Navarro v. Fuji Heavy Industries, Ltd.

925 F. Supp. 1323 · District Court, N.D. Illinois · Apr 22, 1996

[the car] ..., Fuji ... failed to apply the knowledge and skill that was ordinarily used by reasonably well qualified engineers.” (Hales Aff. at 3.) … Fuji was not required to design and manufacture a car that was wholly immune to corrosion. Korando v. Uniroyal Goodrich Tire Co., 159 Ill.2d 335 , 202 Ill.Dec. 284 , 637 N.E.2d 1020 (1994).

Horsell Graphic Industries, Ltd. v. Valuation Counselors, Inc.

639 F. Supp. 1117 · District Court, N.D. Illinois · Jul 15, 1986

uphold immunity for arbitrators. … Therefore, the court cannot give defendants arbitral immunity. II.

Ludlow v. Northwestern University

79 F. Supp. 3d 824 · District Court, N.D. Illinois · Feb 5, 2015

Because the Complaint does not clearly warrant a finding of preemption, the Court *835 will not dismiss with prejudice at this stage. B. … Qualified privilege is an affirmative defense that a plaintiff need not anticipate in his pleading; however, once qualified immunity has been identified, a plaintiff may overcome this challenge at the pleading stage by alleging

The Alpena

8 F. 280 · District Court, N.D. Illinois · Jul 15, 1881

, on Lake Michigan, and that the collision between the steamer and the schooner Stockbridge occurred on a trip over a month prior to the commencement of the .trip in which the steamer foundered and sunk. , , , *283 I am clearly … the facts which secure immunity to the owner is available.

Progress Development Corporation v. Mitchell

182 F. Supp. 681 · District Court, N.D. Illinois · Mar 4, 1960

A qualified park planner was hired by the Park Board in May, 1959. He made a study and viewed the properties now known as Floral Park Subdivision and Pear Tree Subdivision. … That was clearly brought out by the testimony of the Park Board officials, by plaintiffs’ own witness Whitney, and by the park-planning expert, witness Roy Layman.

Jones

District Court, N.D. Illinois · Mar 31, 2026

Qualified Immunity Keehma moves to dismiss based on qualified immunity. That argument runs into a now-familiar problem. … Here, Keehma does not argue that the complaint itself establishes qualified immunity. Instead, Keehma argues that he had qualified immunity because he was enforcing a court order. See Brf., at 10 (Dckt. No. 24).

Mayes v. Elrod

470 F. Supp. 1188 · District Court, N.D. Illinois · May 18, 1979

to establish, “whenever feasible,” separate detention and commitment facilities. … This language creates alternative methods for establishing the requisite causation for § 1983 liability.

Benjamin v. Illinois Department of Financial & Professional Regulation

837 F. Supp. 2d 840 · District Court, N.D. Illinois · Aug 8, 2011

Specifically, plaintiff stated that Espinoza was “not qualified,” was “never around” and had no knowledge of the mortgage industry. PI. Ex. at 25. … Amendment immunity.

Clark v. Runyon

27 F. Supp. 2d 1040 · District Court, N.D. Illinois · Apr 14, 1998

Again the United States’ (and hence Runyon’s) sovereign immunity requires the rejection of that claim. 6. … Finally, this Court is contemporaneously issuing the type of order that it typically promulgates in every newly-filed or newly-assigned case, establishing an initial status hearing.

Foggey v. City of Chicago

District Court, N.D. Illinois · Feb 5, 2018

Qualified Immunity “Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established … To decide whether the defense of qualified immunity applies, courts consider (1) whether the plaintiff has alleged a deprivation of a constitutional right; and (2) whether that constitutional right was clearly established

Bullock v. Dart

599 F. Supp. 2d 947 · District Court, N.D. Illinois · Feb 27, 2009

Eleventh Amendment Immunity Defendants’ motion for reconsideration also asserts that I erred in declining to grant summary judgment for defendants on the basis of Eleventh Amendment immunity. … References in the July 30 Order to “qualified” immunity should be amended accordingly.

Hampe v. Hamos

917 F. Supp. 2d 805 · District Court, N.D. Illinois · Jan 8, 2013

Thus, because Plaintiffs have failed to definitively establish that they are qualified individuals with disabilities entitled to bring this suit under the ADA, the Court must also deny Plaintiffs’ motion for summary judgment … Additionally, the evidence both parties rely on for these assertions clearly states that Plaintiffs’ medical conditions did not improve when they turned twenty-one.

Brodsky

District Court, N.D. Illinois · Sep 4, 2026

According to Brodsky, this language “clearly modified and limited the scope of the May 19, 2022 gag order,” freeing him to speak publicly about “any aspect of his representation of Peterson” not protected by the attorney-client … Brodsky argues that this action was “clearly outside of [Elward’s] role as a prosecutor, and therefore neither absolute nor qualified immunity apply.” Id. ¶ 6.

Whitlock v. Johnson

982 F. Supp. 615 · District Court, N.D. Illinois · Nov 24, 1997

Summary Judgment Standards Familiar Rule 56 principles impose on a party seeking summary judgment the burden of establishing the lack of a genuine issue of material fact (Celotex Corp. v. … It does not merely qualify an inmate’s right to call witnesses — it eviscerates that right. Two decades ago Hayes v.

Federal Deposit Insurance v. Hartford Insurance

692 F. Supp. 866 · District Court, N.D. Illinois · Jul 27, 1988

It is well-established that the United States is immune from money damages suits except where it has statutorily consented to be sued. United States v. … FDIC, 506 F.2d 1213, 1215 (9th Cir.1974) (“[t]he FDIC is clearly a federal agency and within the coverage of the FTCA”); FDIC v.

Holmes v. Curren

District Court, N.D. Illinois · Jun 12, 2018

Qualified Immunity Defense (Counts I and II) The Defendants also argue Counts I and II should be dismissed on qualified immunity grounds. … “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