Case law

O'Hara v. Illinois Department of Mental Health

120 F. Supp. 2d 704 · District Court, N.D. Illinois · Jun 27, 2000

A plaintiff may establish a violation of Title VII by proving that discrimination based on race, sex, or some protected characteristic has created a hostile or abusive work environment. Meritor Sav. Bank, FSB v. … A prima facie case of discrimination requires that the plaintiff show that: (1) he in a protected group, (2) he was qualified for the job and performed satisfactorily, (3) he was subject to adverse action, and (4) employees

Friendship Medical Center, Ltd. v. Chicago Board of Health

367 F. Supp. 594 · District Court, N.D. Illinois · Nov 16, 1973

Clearly, they are not those of the individual plaintiff. Rather, they are the rights of his patients who are not parties to this suit. … (b) The Abortion Service shall be supervised by a physician in charge who shall be a qualified obstetrician or, in a service which does not have a qualified obstetrician, by a qualified surgeon.

Yasuda Fire & Marine Insurance v. Continental Casualty Co.

840 F. Supp. 578 · District Court, N.D. Illinois · Dec 27, 1993

B and D Art. 22): The rules and procedures for pre-hearing investigations shall be established by the board of arbitrators. … Those matters combine to qualify for federal jurisdiction under 28 U.S.C. § 1332 (a)(2). 4 .

Teague v. Armstead

82 F. Supp. 3d 817 · District Court, N.D. Illinois · Mar 10, 2015

Defendants also maintain that Officer Armstead is entitled to qualified immunity because the undisputed facts show no constitutional violation occurred. … Teague also argues that qualified immunity is unavailable to Officer Armstead, that the negligent spoliation claim should be allowed to proceed, and that the destruction of evidence creates an adverse inference against Defendants

Schimandle v. DeKalb County Sheriff's Office

District Court, N.D. Illinois · May 16, 2023

Qualified Immunity Det. Duehning is also entitled to qualified immunity. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … A court not only can address qualified immunity based on the pleadings, but sometimes must grant qualified immunity at this stage. Doe v. Vill. Arlington Heights, 782 F.2d 911, 916 (7th Cir. 2015).

Cichocki v. Foxx

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

The Complaint does not clearly describe the events that followed this October 13, 2017 hearing. … Cichocki responds to this well-established doctrine by asserting that that Judge Greenblatt is not entitled to absolute judicial immunity because he did not have subject matter jurisdiction.

Schussler v. Employment Consultants, Inc.

333 F. Supp. 1387 · District Court, N.D. Illinois · Nov 22, 1971

That it was the intent of Congress to exclude such businesses from the term “retail or service establishment” is clearly demonstrated by the legislative history of the 1949 amendments and by judicial construction given said … Such establishments not having been traditionally regarded as retail or service establishments cannot under any circumstances qualify as a “retail or service establishment” within the statutory definition.

Justice v. TOWN OF CICERO, ILL.

827 F. Supp. 2d 835 · District Court, N.D. Illinois · Oct 25, 2011

immunity shields Dominick from liability for damages; and (6) the Illinois Local Governmental and Governmental Employees Tort Immunity Act bars all claims for monetary relief. … City of Chicago, 651 F.3d 684 (7th Cir.2011), clearly implicates important constitutional rights. The Seventh Circuit, however, issued its decision in Justice’s previously case after the Supreme Court decided Heller.

Price v. Northern Illinois University

District Court, N.D. Illinois · Dec 14, 2017

While Price is correct with regard to her assertions about qualified immunity, she appears to have conflated defendants’ Eleventh Amendment immunity defense with a defense of qualified immunity. … Defendants have not raised a qualified-immunity defense in their motion for dismiss. 1992 WL 101625, at *2 (7th Cir.

Blank v. Swan

487 F. Supp. 452 · District Court, N.D. Illinois · Mar 25, 1980

First, he claims that he is absolutely immune from liability arising out of any defamatory statements made by him. … While Swan’s position would seem to entitle him to invoke the immunity defense established by Blair v. Walker, 64 Ill.2d 1 , 349 N.E.2d 385 (1976), and its progeny, see, e. g., Ware v.

T.S v. Twentieth Century Fox Television, Inc.

District Court, N.D. Illinois · Oct 26, 2021

This is so even though the court determined that qualified immunity shielded Defendant Dixon from Plaintiffs’ constitutional claims. T.S., 2021 WL 2376017, at *17. … Dixon was entitled to qualified immunity only because Plaintiffs had identified no cases suggesting that the right to be free of the kinds of conditions imposed during filming was clearly established.

Cage v. Harper

District Court, N.D. Illinois · Dec 19, 2019

However, Defendants have not stated that its good faith or qualified immunity defense is based in any way on communications with counsel. … Finally, Plaintiff claims that the law in the Seventh Circuit is that the simple assertion of a good faith defense or a qualified immunity defense is sufficient to waive the attorney-client privilege.

Valle v. City of Chicago

982 F. Supp. 560 · District Court, N.D. Illinois · Sep 30, 1997

Accordingly, Valle must allege facts sufficient to establish that: (1) he is disabled within the meaning of the ADA, (2) he is qualified to perform the essential functions of the job with or without a reasonable accommodation … The defendant attacks Valle’s Complaint on the grounds that “the alleged facts do not establish that plaintiff is ‘disabled’ within the meaning of the ADA, and ... they do not establish [that] he is ‘otherwise qualified’

Traharne v. Wayne Scott Fetzer Co.

156 F. Supp. 2d 717 · District Court, N.D. Illinois · Jun 11, 2001

Pretrial motions are considered non-dispositive of litigation and are reviewed by the district court under the more lenient clearly erroneous standard. United States v. … Morse has qualified and testified as an expert witness in several federal and state courts.

Wade v. Ramos

District Court, N.D. Illinois · Aug 7, 2018

Defendants have answered the complaint denying all material allegations of wrongdoing and have raised certain affirmative defenses, including that of Qualified Immunity. … there were a violation of a constitutional right, the right was not clearly established by law at the time of the execution of the search warrant.

Marsili v. Arlington Heights Fire Department

990 F. Supp. 576 · District Court, N.D. Illinois · Jan 13, 1998

Once a plaintiff establishes this prima facie case, a presumption of discrimination is established and the burden then shifts to the employer to provide a legitimate nondiscriminatory reason for its actions. … Thus, plaintiff has established three of the four elements of a prima facie case.

Johnson v. Kurut, Star No. 6064

District Court, N.D. Illinois · Mar 8, 2023

The district court agreed but entered summary judgment for the officer because it determined that the officer was entitled to qualified immunity. Id. at 688‒89. … The doctrine of qualified immunity protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Mack v. City of Chicago

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

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 … To defeat qualified immunity, Mack must demonstrate that the right which the defendants allegedly violated was clearly established at the time of their conduct. See Finkley, 10 F.4th at 737 (quoting Jewett v.

Adorno v. Nitzkin

828 F. Supp. 42 · District Court, N.D. Illinois · Aug 3, 1993

The Supreme Court has recognized that Congress adopted such a broad preemption provision in order to establish a comprehensive and exclusive scheme of federal regulation of employee benefit plans. Pilot Life Ins. Co. v. … The Fifth Circuit held in Perkins: While ERISA clearly preempts claims of bad faith as against insurance companies for improper processing of a claim for benefits under an employee benefit plan, Pilot Life, and while ERISA

Pryor v. Cajda

662 F. Supp. 1114 · District Court, N.D. Illinois · Mar 23, 1987

The defendants confuse the doctrine of “exhaustion of state remedies” with the rule that where the defendants are not acting pursuant to an established state procedure, a procedural due process claim does not lie if the plaintiff … It is true as a general proposition that a claim for malicious prosecution is insufficient to state a § 1983 claim unless the corresponding factual circumstances clearly implicate the deprivation of a constitutionally-protected