Case law

Mong v. McKenzie

District Court, N.D. Illinois · Nov 14, 2023

Finally, the defendants argue that they are entitled to qualified immunity. … Although it is prudent to address qualified immunity promptly, dismissing on such grounds at the motion to dismiss stage is inappropriate where ‘the existence of qualified immunity . . . depend[s] on the particular

Smith v. Allstate Ins. Corp.

24 F. Supp. 2d 870 · District Court, N.D. Illinois · Oct 23, 1998

Smith was not qualified to be promoted to the position of CCM because she lacked leadership skills. (Id. ¶ 91). Ms. … Smith has not alleged nor has she presented any evidence that Allstate had an explicit, clearly conveyed policy of discriminating against African Americans or *875 older persons in promotion decisions.

Tate v. The City of Chicago

District Court, N.D. Illinois · Sep 27, 2024

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. Kisela v. … We decline to find the Defendant Officers are entitled to qualified immunity for this claim because precedent clearly establishes that “gun pointing when an individual presents no danger is unreasonable and violates the

DeVore v. McCombie

District Court, N.D. Illinois · Sep 22, 2025

Id. 4 Defendant argues in the alternative that qualified immunity shields her from suit for damages under Section 1983. … “Qualified immunity is an individual defense available to each individual defendant in his individual capacity.” Bakalis v. Golembeski, 35 F.3d 318, 326-27 (7th Cir. 1994).

Wisconsin Central Ltd. v. United States

194 F. Supp. 3d 728 · District Court, N.D. Illinois · Jul 8, 2016

These taxes [are] established by the Railroad Retirement Tax Act”). Other circuits have reached the same conclusion. … To be clear, the in pari materia canon does not establish that the term “any form of money remuneration” unambiguously encompasses the non-qualified stock options at issue here.

Gatlin v. Village of Summit

150 F. Supp. 3d 984 · District Court, N.D. Illinois · Dec 15, 2015

But the Court cannot say - that her contentions in the present case are clearly inconsistent with her testimony before the Pension Board. … To establish a claim under section- 1981, a plaintiff may proceed under either, the direct or indirect method of proof.

Doe I v. Kane County

District Court, N.D. Illinois · Apr 11, 2018

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … When assessing the clearly established prong of qualified immunity “the inquiry is aimed at determining whether a reasonable person in the officer’s position would have understood his actions to be against the law at the

Grimson v. Immigration & Naturalization Service

934 F. Supp. 965 · District Court, N.D. Illinois · Jul 1, 1996

The Director determined that plaintiff had failed to present evidence that four years in the NHL as an enforcer qualified as a sustained career. … He clearly states that he is familiar with plaintiff and the other enforcers in the league, and gives a basis for his opinions.

Stevens v. Navistar International Transportation Corp.

244 F. Supp. 2d 906 · District Court, N.D. Illinois · Oct 23, 2002

Plaintiffs lifting restrictions clearly do not qualify as a substantial limitation on working. See Contreras v. … Without a disability, Stevens fails to establish the first element of an ADA claim.

Batistic v. Pilliod

188 F. Supp. 344 · District Court, N.D. Illinois · Mar 22, 1960

“His testimony establishes that he has never at any time been physically persecuted in Yugoslavia although he always attended religious services, and it was well known that both he and his family were anti-Communist. … Discretion is clearly vested in the Attorney General by the statute. In United States of America ex rel. Cantisani v.

Zych v. Unidentified, Wrecked, and Abandoned Vessel, Believed to Be the SB "Seabird"

811 F. Supp. 1300 · District Court, N.D. Illinois · Dec 21, 1992

clearly without.’” … within them or including a thing falling clearly without.

Dockter v. Rudolf Wolff Futures, Inc.

684 F. Supp. 532 · District Court, N.D. Illinois · Apr 25, 1988

If an employer subjects a female employee to unwelcome sexual advances, and then, after those advances are rejected, imposes some tangible detriment on the employee, the latter need not establish that she was “qualified for … The evidence presented at trial clearly established that Plaintiff was terminated from her position with Wolff, not because she refused James’ sexual overtures in the first few weeks of her employment, but instead because

United States Ex Rel. Weston v. Clark

101 F. Supp. 2d 685 · District Court, N.D. Illinois · Jun 5, 2000

As the post-conviction petition was not timely, it does not qualify as a “properly filed application.” Therefore, this court will not toll the limitations period. … Under Schlup , Weston must establish that it would be impossible for any reasonable juror to find him guilty.

Undergraduate Student Association v. Peltason

359 F. Supp. 320 · District Court, N.D. Illinois · Jan 10, 1973

This is clearly untrue as to the purported class composed of other organizations similarly situated. … Defendant State Scholarship Commission moves that it be dismissed on the grounds that, as an agency of the State of Illinois, it is immune from suit.

Henderson v. Rangel

District Court, N.D. Illinois · Aug 26, 2022

When challenged in a civil case, an officer’s probable cause determination is entitled to an additional layer of deference via qualified immunity. … But even short of that, their determination was undoubtedly reasonable, such that both are entitled to qualified immunity. Indeed, courts have granted qualified immunity on weaker facts than these.

Chiplease, Inc. v. Illinois (In Re Resource Technology Corp.)

444 B.R. 401 · District Court, N.D. Illinois · Feb 10, 2011

As with subsection (d) above, the legislature could have been relying on section 4 to establish that new requirements would only apply going forward. … Section 8-403.1, as amended, contains no language clearly demonstrating that the legislature intended it to apply retroactively.

Nwoke v. The Consulate of Nigeria, NY

District Court, N.D. Illinois · Feb 27, 2018

Under FSIA’s burden-shifting framework, the party asserting immunity bears the initial burden of establishing that it satisfies FSIA’s definition of a foreign state. See Enahoro v. … claim, those claims do qualify as torts.

Woods v. SOUTHWEST AIRLINES, CO.

523 F. Supp. 2d 812 · District Court, N.D. Illinois · Oct 18, 2007

The holding of Thompson clearly bars the Stearneys’ claim that the January 2006 agreement is enforceable. … qualified in a particular matter.

Tucker v. Hughes

District Court, N.D. Illinois · Jul 22, 2024

Qualified Immunity Dixon argues that he is protected by qualified immunity against all plaintiffs’ claims based on the internet access policy. … To overcome immunity, plaintiffs must show that (1) the official’s conduct violated a constitutional right; and (2) the right was “clearly established” at the time of the alleged violation. Reed v.

Rand McNally & Co. v. Fleet Management Systems, Inc.

591 F. Supp. 726 · District Court, N.D. Illinois · Dec 31, 1983

More than one may be referred to provide the rate tariff clearly specifies the circumstances under which each guide will apply. … Use may be clearly outside of the subject matter of copyright.