Case law

Bazewick v. Chao

174 F. Supp. 2d 778 · District Court, N.D. Illinois · Apr 30, 2001

We begin by considering Count III, which is clearly sufficient to withstand a motion to dismiss under Rule 12(b)(6). … Plaintiff alleges that, even though he was qualified for a job vacancy in his department, his two female supervisors refused to promote him to that position and instead promoted a similarly situated but *780 less qualified

Builders Ass'n of Greater Chicago v. City of Chicago

170 F.R.D. 435 · District Court, N.D. Illinois · Oct 7, 1996

Illinois Dep’t of Children & Family Services, 892 F.2d 670 , 674 (7th Cir. 1990) (district court did not abuse its discretion by staying discovery pending resolution of qualified immunity claims); Sprague v. … Given this preliminary showing, the Association appears likely to succeed in establishing standing to proceed with this action.

Hights v. International Harvester Co.

675 F. Supp. 418 · District Court, N.D. Illinois · Dec 9, 1987

Hights clearly satisfies the first and fourth elements, but Navistar claims she undisput-edly fails on the second and third. … Both Andrews and Horvath already knew Hights was black, so they clearly were not animated by racial bias when they hired her.

Santos v. Curran, Jr.

District Court, N.D. Illinois · Feb 14, 2018

Qualified Immunity Next, the Lake County Defendants argue that qualified immunity protects them from Santos’ claims. … “Qualified immunity attaches 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, --- U.S. ----, 137 S.

Kozlowski v. Fry

238 F. Supp. 2d 996 · District Court, N.D. Illinois · Dec 30, 2002

are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.” … The record clearly shows that, during Ms.

Bowers v. Radiological Society of North America, Inc.

57 F. Supp. 2d 594 · District Court, N.D. Illinois · Jul 22, 1999

Opposition clearly includes filing a charge with the EEOC, bringing a lawsuit in court, or submitting a complaint to management. Informal methods of opposition can also constitute protected activity. … Davis is protected by a qualified privilege. See Hamros v.

Cruz v. City Of Chicago

District Court, N.D. Illinois · Jun 28, 2021

The officers’ qualified immunity argument fails for the same reasons.2 The facts plausibly allege that the officers violated clearly established law by using excessive force. … App’x 817, 818 (7th Cir. 2019) (reversing district court’s grant of qualified immunity on a motion to dismiss “[b]ecause the officers did not establish that qualified immunity applies based on the facts as [plaintiff]

Shanahan v. City of Chicago

875 F. Supp. 535 · District Court, N.D. Illinois · Feb 14, 1995

Qualified union members possess their own First Amendment and Shakman rights.” (Pl.’s Rsp. to Def.’s Affirmative Defense of Qualified Immunity at p. 3) (emphasis in original). … In essence, he argues that the First Amendment rights of qualified Local 126 members were somehow infringed by the hiring of all members whether qualified or not. See id.

PMC Casualty Corp. v. Virginia Surety Co., Inc.

District Court, N.D. Illinois · Oct 19, 2025

the qualified immunity-based appeal is frivolous. … Besides double jeopardy and qualified immunity, the Seventh Circuit has extended its automatic stay rule to appeals from the denial of other forms of immunity from suit, Goshtasby v.

Dokos v. Miller

517 F. Supp. 1039 · District Court, N.D. Illinois · Jun 17, 1981

Whether that impact results from the state’s desire to stem fraud or to “count resources,” 6 the rule clearly contravenes the federal law directive that only actually available resources be considered for eligibility purposes … Recipients of cash benefits under either program have qualified as categorically needy for Medicaid purposes.

Walter Kidde Portable Equipment, Inc. v. Universal Security Instruments, Inc.

669 F. Supp. 2d 895 · District Court, N.D. Illinois · Oct 22, 2009

Once an antitrust plaintiff gets around the immunity issue, which USI has done here by bringing its claim under both Walker Process and Handgards, it must still meet the antitrust pleading requirements. … Technologies Group, Inc., No. 03-232, 2004 WL 1427136 , at *6-7 (E.D.Pa., June 21, 2004) (noting that the Third Circuit has not held that litigation costs alone qualify as an antitrust injury).

United States v. Black

483 F. Supp. 2d 618 · District Court, N.D. Illinois · Apr 6, 2007

The party alleging the existence of the qualified First Amendment right bears the burden of establishing both parts of this threshold test. … In light of the above-cited authority, the Tribune has failed to establish that “experience” establishes a constitutional right to access juror names during the pendency of trial. 2.

Clay v. Noradin

District Court, N.D. Illinois · Dec 20, 2024

Judicial immunity Judicial immunity "confers complete immunity from suit, not just a mere defense to liability." Dawson v. … For example, the Seventh Circuit and Supreme Court have said, promulgation of "rules of professional conduct, enforcement of those rules, and personnel decisions" qualify as non-judicial acts. Id.

Ludovicus v. Cappelluti

District Court, N.D. Illinois · Mar 26, 2025

Even if the Court were to assume a constitutional right was violated, Defendants would be entitled to qualified immunity on Count IV because the constitutional right was not clearly established. … “The doctrine of 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

Evison-Brown v. The City of Harvey

District Court, N.D. Illinois · Nov 20, 2018

Defendants next argue that, even if excessive force were used, they are 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 have

Doctor's Data, Inc. v. Barrett

170 F. Supp. 3d 1087 · District Court, N.D. Illinois · Mar 21, 2016

qualifying language. … Although it is a question for the jury whether a statement falls within a recognized defamation per se category, many statements clearly qualify or clearly do not qualify as defamation per se, so courts often find that a

Stimac v. DEPT. OF TREASURY, BUR. OF ALCOHOL

586 F. Supp. 34 · District Court, N.D. Illinois · Apr 16, 1984

. § 552a(j)(2), qualifies as a withholding statute within the meaning of Exemption 3 of FOIA. … The record thus indicates that the system of records containing the ATF files sought by Stimac clearly meet the first two requirements necessary to qualify under Privacy Exemption (j)(2).

Goldberg v. RUSH UNIVERSITY MEDICAL CENTER

748 F. Supp. 2d 917 · District Court, N.D. Illinois · Nov 2, 2010

Additionally, Defendants argue that Relators have failed to plead facts showing that they qualify as “original sources.” (Id.) … The final step in the three part “public disclosure” bar inquiry is determining whether Relators qualify as “original sources” under Section 3730(e)(4)(B).

Colon v. Noradin

District Court, N.D. Illinois · Dec 20, 2024

Judicial immunity Judicial immunity "confers complete immunity from suit, not just a mere defense to liability." Dawson v. … For example, the Seventh Circuit and Supreme Court have said, promulgation of "rules of professional conduct, enforcement of those rules, and personnel decisions" qualify as non-judicial acts. Id.

Graves v. Board of Education Plainfield Community Consolidated District 202

District Court, N.D. Illinois · May 16, 2024

Instead, McGrath provided cases that establish that initiating criminal charges and appearing at a probable cause hearing qualify as core prosecutorial functions. … Indiana, 786 F.3d 510, 519–20 (7th Cir. 2015) (“Unless it is certain from the face of the complaint that any 5 McGrath did not raise a qualified immunity argument, so the Court need not address qualified immunity.