Case law

MSA Realty Corp. v. State of Ill.

794 F. Supp. 267 · District Court, N.D. Illinois · Jul 7, 1992

It sought to accomplish this goal through enabling Illinois municipalities to create tax increment financing districts (“TIF districts”) in statutorily qualified areas within their boundaries. … By contrast, a plaintiff may bring an injunctive or declaratory action grounded on federal law against state officials as defendants and overcome the immunity of the Eleventh Amendment.

Rogers v. Provident Hospital

241 F. Supp. 633 · District Court, N.D. Illinois · May 13, 1965

Air Terminal Services, Inc., 85 F.Supp. 545 (E.D.Va.1949); clearly no violation of the Fourteenth Amendment is presented here. … It is elementary that in order to establish a violation of the Fourteenth Amendment, there must be “state action” which results in a deprivation of a right, *637 privilege or immunity protected by that Amendment.

Kogucki v. Metropolitan Water Reclamation District

698 F. Supp. 2d 1026 · District Court, N.D. Illinois · Mar 17, 2010

That placed her in the “qualified” category with regard to the interviews; the lowest of three categories, below “exceptionally well qualified” and “well qualified.” (Def. St., ¶ 34; PL Res., ¶ 34). … Kogucki was really not as qualified as her competitors, they are hearsay.

Murray v. New Cingular Wireless Services, Inc.

432 F. Supp. 2d 788 · District Court, N.D. Illinois · May 22, 2006

This is clearly not the case here, as the interest rate may never factor into the transaction at all. Thus, this Court finds that Cingu-lar has extended a firm offer of credit. B. … Although Murray has established that Cingular violated the FCRA’s provisions that disclosures be clear and conspicuous, he has not established that he is entitled to statutory damages pursuant to section 1681n.

Allendale Mutual Insurance v. Bull Data Systems, Inc.

152 F.R.D. 132 · District Court, N.D. Illinois · Dec 3, 1993

Sorema’s privilege log establishes that the documents are relevant as well. … Even the cases cited by Sorema in support of their use of the common interest doctrine set out quite clearly its proper scope.

Tucker v. Lally

District Court, N.D. Illinois · Jan 6, 2020

Qualified immunity Defendants’ second argument, that Judgment as a Matter of Law is warranted because the Detectives are entitled to qualified immunity likewise fails … “[Q]ualified immunity shields public officials from civil liability if their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Allin v.

Dumas v. Chicago Housing Authority

930 F. Supp. 1238 · District Court, N.D. Illinois · Jun 11, 1996

Accordingly the Court held that “a municipality is immune from punitive damages under 42 U.S.C. § 1983 .” Id. Similarly, this court in Hammond v. … The CHA argues that Dumas has failed to allege sufficient facts to establish a due process violation.

Telephone News System, Inc. v. Illinois Bell Telephone Co.

220 F. Supp. 621 · District Court, N.D. Illinois · Aug 14, 1963

These expressions of legislative intent clearly establish that the statute was directed at the use of telephone service for professional gambling operations. … But persons are frequently confronted by the limitations of sovereign immunity in their dealings with the government.

Wells v. United States

98 B.R. 806 · District Court, N.D. Illinois · Mar 13, 1989

. § 7421 (a) 1 and by sovereign immunity. … Instead Wells relies on a different but equally well established policy in the area of employment taxes.

World's Finest Chocolate, Inc. v. World Candies, Inc.

409 F. Supp. 840 · District Court, N.D. Illinois · Mar 16, 1976

Once plaintiff has established incontestability under this section, and the defendant here has not disputed this allegation, the mark is immune from challenge in an infringement action except as provided in 15 U.S.C. § 1115 … Such action was clearly done to harass the plaintiff and is, in this court’s opinion, contrary to the terms of the consent judgment.

Rudisill v. Flynn

470 F. Supp. 1269 · District Court, N.D. Illinois · May 31, 1979

Voting in local elections and referenda qualifies for constitutional protection. Phoenix v. Kolodziejski, 399 U.S. 204 , 90 S.Ct. 1990 , 26 L.Ed.2d 523 (1969); Kramer v. … The allegations of the complaint sufficiently establish the first requisite to such suits: state or local officials acting pursuant to their duties are acting “under color of state law” for the purposes of the Civil Rights

Artist M. v. Johnson

726 F. Supp. 690 · District Court, N.D. Illinois · Nov 21, 1989

Both classes of plaintiffs have implied causes of action to enforce their rights as established under AAA. 2. … Without more, than unqualified assertion would render Johnson — wearing his official-capacity hat — immune to plaintiffs’ present action.

Bootz v. Childs

627 F. Supp. 94 · District Court, N.D. Illinois · May 22, 1985

If probable cause does not exist, then plaintiff must show that under clearly established legal standards in effect at the time of the arrest, his arrest was unlawful. Moore v. … The Seventh Circuit in Moore adopted the objective standard for qualified immunity set out by the Supreme Court in Harlow v.

Benedetto v. National Association of Letter Carriers

613 F. Supp. 9 · District Court, N.D. Illinois · May 23, 1984

The power of a federal court to provide remedies for established constitutional violations is far greater than its power to fashion federal common law. See, e.g., United States v. … Given that assumption, we nevertheless believe that doing so would clearly be improper. The reason is simple and, at this point, probably antielimactic.

Lippencott

District Court, N.D. Illinois · Dec 15, 2025

The Court declines to grant qualified immunity at this stage City Defendants argue that qualified immunity is appropriate because it is not clearly established that recording a witness statement in a police report … Plaintiff responds that it is premature to grant qualified immunity at the motion to dismiss stage and it is clearly established that an arrest without probable cause violates the Fourth Amendment. [25] at 7.

Chicago Regional Council of Carpenters v. Thorne Associates, Inc.

893 F. Supp. 2d 952 · District Court, N.D. Illinois · Sep 25, 2012

Discrimination Against Rosas on the Basis of Disability To establish employment discrimination under the ADA, a plaintiff must show (1) that he is disabled within the meaning of the ADA; (2) that he is qualified to perform … Donahoe, 680 F.3d 738 , 745 n. 5 (7th Cir.2012) (Seventh Circuit's preAmendment jurisprudence "clearly indicated that an inability to lift 25 pounds was not a substantial limitation” on a major life activity)-

Garcia v. City Of Chicago

District Court, N.D. Illinois · Sep 17, 2019

Qualified immunity protects an officer from civil liability stemming from discretionary functions so long as his conduct does not violate a clearly established statutory or constitutional right about which a reasonable … And because, to the extent a jury accepts Garcia’s version of events, such an approach, without any suspicion of illegality, clearly violates the Fourth Amendment, qualified immunity would not protect Barber on this aspect

Armstrong v. Chicago Park District

117 F.R.D. 623 · District Court, N.D. Illinois · Nov 13, 1987

Clearly the number of female employees affected by those policies and practices is too numerous to join. Third, data showing a sexually-skewed pattern of promotions is not needed to establish numerosity. … women to promote less qualified males.

Hendricks v. City of Chicago

District Court, N.D. Illinois · May 31, 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 … Evaluating a claim of qualified immunity requires a two-step analysis: “(1) ‘whether the plaintiff[’s] claim states a violation of [his] constitutional rights,’ and then (2) ‘whether those rights were clearly established

Tomasello v. Delta Air Lines, Inc.

8 F. Supp. 2d 1090 · District Court, N.D. Illinois · Jun 24, 1998

Instead, there is no genuine issue of material fact as to whether Tomasello was then a “qualified individual” (she clearly was not), and Delta is therefore entitled to a judgment as a matter of law. … At this stage, of course, Tomasello need not "establish” or "prove” or “show” anything.