Case law

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.

Albarran v. Dart

District Court, N.D. Illinois · May 17, 2022

To the extent Defendants seek dismissal of the individual capacity claim against Defendant Dart on qualified immunity grounds, (see Dkt. 27 at pgs. 5-8), consideration of this defense is premature. … a defense of qualified immunity.

Tyner v. Nowakoski

District Court, N.D. Illinois · Sep 23, 2021

Qualified Immunity7 Finally, Defendants argue that the doctrine of qualified immunity entitles them to dismissal. … a constitutional right; and (2) whether that right was clearly established at the time of the alleged violation.

Smith v. Groover

468 F. Supp. 105 · District Court, N.D. Illinois · Feb 22, 1979

The amended Act established a scheme for regulating trading in agricultural commodities futures based chiefly on the concept of self-regulation. … The court acknowledged that the related claims of cornering and price manipulation clearly fell within the jurisdiction of the Commission. The second Ricci condition, therefore, had been satisfied.

Langford v. County of Cook

965 F. Supp. 1091 · District Court, N.D. Illinois · May 8, 1997

Langford and Rutherford allege that they both had a known disability and were qualified to perform their positions with reasonable accommodations. … To prevail on a claim for disability discrimination, the plaintiff must establish “(1) that she is a disabled person within the meaning of the ADA; (2) that she is qualified, that is with or without reasonable accommodation

United States v. Railway Employees' Department of American Federation of Labor

283 F. 479 · District Court, N.D. Illinois · Sep 23, 1922

R. 196): “As to section 6, it seems to us its principal importance in this discussion' is for what it does not authorize, and tor the limit it sets to the immunity conferred. … During the hearing, which has lasted almost two weeks, the defendants have neither offered nor suggested a scintilla of proof tending to establish this averment in the motion to dismiss.

Allen v. Chicago Police Department

District Court, N.D. Illinois · Jul 10, 2019

Defendants are entitled to qualified immunity.” … Given that the constitutional right at issue was not and is still not “clearly established,” the officers are entitled to qualified immunity for their response to Allen’s medical needs.

Rivera v. Farrell

538 F. Supp. 291 · District Court, N.D. Illinois · Apr 28, 1982

regulation, custom, or usage of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Court can envision several examples of such a clearly articulated, though unwritten, policy affirmatively undertaken by a municipality.

Maas v. United States

897 F. Supp. 1098 · District Court, N.D. Illinois · Aug 23, 1995

FERES DOCTRINE The FTCA acts as a broad waiver of sovereign immunity. … Courts cannot be considered qualified to evaluate such a decision and any attempt to do so is likely to interfere with important governmental activities.

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.

Lopez v. Board of Trustees of University of Illinois

344 F. Supp. 2d 611 · District Court, N.D. Illinois · Nov 12, 2004

He has clearly read widely and is thus able to bring relevant comparative literatures to bear on these issues. … Because the Court concludes that the facts do not establish a First Amendment violation and that Professor Lopez cannot bring a due process claim, the Court need not consider the individual defendants’ qualified immunity

Reese v. Delitz

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

Qualified Immunity Defendants also argue that they are entitled to qualified immunity. … In § 1983 actions, “[q]ualified 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

Pellack v. Thorek Hospital & Medical Center

9 F. Supp. 2d 984 · District Court, N.D. Illinois · Jul 10, 1998

The court finds that enough genuine issues of material fact exist to establish a triable issue on plaintiffs perceived disability claim. … Hospital, by considering plaintiffs request for reinstatement on April 6, 1998, and ultimately reassigning plaintiff into the vacant receptionist position, reasonably accommodated her. 3 This accommodation by the Hospital was clearly

Cosmetique, Inc. v. Valueclick, Inc.

753 F. Supp. 2d 716 · District Court, N.D. Illinois · Nov 4, 2010

In actuality, consumers were allegedly required to purchase certain goods offered by Cosmetique in order to qualify for the Gift. … The FTC further alleged that ValueClick’s websites "group[ed] the tiers of offers that qualify the consumer for the promised free merchandise into three categories: Silver, Gold, and Platinum," and that the website indicated

Sherwin-Williams Co. v. Regional Manpower Administrator of the United States Department of Labor

439 F. Supp. 272 · District Court, N.D. Illinois · May 4, 1976

Since it is clearly not feasible for an employer to affirmatively and conclusively show that acceptable alternative American workers do not exist, the denial of certification must rest on some meaningful evidence. … Finally, the RMA’s decision effectively establishes consultation with and use of the state employment service as a condition precedent for job certification.

Simovits v. Chanticleer Condominium Ass'n

933 F. Supp. 1394 · District Court, N.D. Illinois · Jul 26, 1996

Clearly, only the provisions relating to the “significant facilities and services requirement” were deleted. … In order to establish the requisite intent, the Association’s age verification procedures must be reliable.

Gudlis v. Califano

452 F. Supp. 401 · District Court, N.D. Illinois · May 26, 1978

In addition, the plaintiff may establish a claim to benefits by showing that he or she is unable to perform his or her former job due to the disability. … There had been no dispute, however, that plaintiff could see clearly through her right eye for short periods of time.

Lawhead v. Ceridian Corp.

463 F. Supp. 2d 856 · District Court, N.D. Illinois · Nov 28, 2006

First, a failure-to-hire plaintiff must establish the following elements of the prima facie case: (1) he was a member of a the protected age group (forty or older); (2) he applied for and was qualified for the position; ( … To establish the second element of the prima facie case under the indirect method, a plaintiff must prove that he was qualified for the position.

Pritchard v. MacNeal Hospital

960 F. Supp. 1321 · District Court, N.D. Illinois · Apr 21, 1997

Therefore, Pritchard’s sprained knee does not qualify as a disability. … Accordingly, Pritchard has not established that she was “otherwise qualified” for the job of housekeeper because she has not shown that regardless of her disability, and with or without accommodations, she was able to meet

Bracey v. Helene Curtis, Inc.

780 F. Supp. 568 · District Court, N.D. Illinois · Jan 13, 1992

Bracey disputes Archibald’s view that Bracey was nervous at her interview with him, or that her interview was otherwise deficient, but Bracey offers only her own *572 deposition testimony, which is both self-serving and clearly … Although “by” can also mean “before," the court finds that "not later than” is a well established meaning upon which Bracey could reasonably rely.