Case law

Sato v. Tabor

579 F. Supp. 1170 · District Court, N.D. Illinois · Nov 18, 1983

This qualified good faith immunity has both an objective and subjective element. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The doctrine of qualified, good faith immunity protects the defendant United States since the actions of IRS officials in filing the Notice of Federal Tax Lien do not violate clearly established statutory or constitutional

Harms v. Godinez

829 F. Supp. 259 · District Court, N.D. Illinois · Jul 29, 1993

Qualified Immunity Even if we were to hold otherwise, however, the Defendants would not be liable for money damages in the present case. … The Seventh Circuit has developed a two-step analysis in qualified immunity cases.

Villars v. Kubiatowski

45 F. Supp. 3d 791 · District Court, N.D. Illinois · May 5, 2014

Bender, 600 F.3d 770, 779 (7th Cir.2010) (noting that a constitutional right is clearly established, and thus qualified immunity is unavailable, when its contours are “sufficiently clear that a reasonable official would understand … immunity.

Knight v. Kerstein

836 F. Supp. 2d 719 · District Court, N.D. Illinois · Oct 18, 2011

In the alternative, defendants argue that they are entitled to qualified immunity. … the constitutional right was clearly established at the time of the alleged violation.

Harasim v. Kuchar

702 F. Supp. 178 · District Court, N.D. Illinois · Dec 2, 1988

Plaintiffs have moved to bar evidence regarding qualified immunity. The question of qualified immunity is for the court, not the jury. Rakovich v. Wade, 850 F.2d 1180, 1202-03 (7th Cir.1988) (en banc); Jones v. … As discussed above, the law necessary for holding defendants liable on Count II was clearly established by the relevant date.

Davenport v. DeRobertis

653 F. Supp. 649 · District Court, N.D. Illinois · Jan 30, 1987

IL Qualified. Immunity from Damages and the Application of the Eleventh Amendment Defendants contend that they are individually immune from monetary damages through the application of qualified immunity. … the law cannot be said to be clearly established.

Creekside Associates, Inc. v. City of Wood Dale

684 F. Supp. 201 · District Court, N.D. Illinois · Apr 29, 1988

Accordingly, absolute immunity is unwarranted. Nor are the individual defendants entitled to qualified immunity. … Qualified immunity shields public officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Novick v. Staggers

913 F. Supp. 2d 606 · District Court, N.D. Illinois · Dec 20, 2012

Qualified Immunity The Court does not find much new ground trod by Plaintiff in his Motion in regards to the Court’s finding on qualified immunity. . … Analysis of qualified immunity involves two questions: (1) whether a constitutional right was violated using plaintiffs version of the facts, and (2) whether that right was clearly established at the time. Surita v.

Rusinowski v. Village of Hillside

835 F. Supp. 2d 641 · District Court, N.D. Illinois · Dec 29, 2011

Qualified Immunity State officials with discretionary or policymaking authority are protected from some constitutional claims by the doctrine of qualified immunity. Jacobs v. … Thus, a court must determine whether the facts actually alleged clearly establish a qualified immunity defense. Id.

Kinslow v. Duckins

244 F. Supp. 3d 771 · District Court, N.D. Illinois · Jul 20, 2016

Qualified Immunity Finally, even assuming the officers lacked probable cause for Kinslow’s arrest, they are entitled to qualified immunity with respect to his his false arrest claim. … right was clearly established at the time of the alleged violation.”

Rojicek v. Community Consolidated School District 15

888 F. Supp. 878 · District Court, N.D. Illinois · Jul 10, 1995

F.Qualified Immunity In their motion, defendants argue that Counts I through IV should be dismissed as to the individual defendants based on qualified immunity. … “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of

Neal v. City of Harvey, Ill.

1 F. Supp. 2d 849 · District Court, N.D. Illinois · Mar 30, 1998

Section 1983 & Qualified Immunity 1 Mr. … Qualified immunity protects government *854 employees from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Antia v. Thurman

914 F. Supp. 256 · District Court, N.D. Illinois · Jan 11, 1996

immunity because Antia cannot prove that he violated a clearly established constitutional right. … She cites no authority for this proposition, however, and cannot show that this right was “clearly established.”

Daniels v. Kieser

446 F. Supp. 1160 · District Court, N.D. Illinois · Mar 22, 1978

In balancing the policies between a qualified and an absolute immunity, the Court was concerned with the prosecutor’s duty to exercise his best judgment both in deciding which suits to bring and in conducting them in court … Kieser defenseless, as he still has available to him the good faith defense of the qualified immunity available to public officials. See Wood v.

Markowski v. Edgar

726 F. Supp. 1128 · District Court, N.D. Illinois · Dec 15, 1989

QUALIFIED IMMUNITY The Magistrate’s analysis of the immunity issue is as follows: The Secretary contends that he is entitled to qualified immunity from damages here because there is no “clearly established” case law that … The Harlow test was created to permit resolution of the issue of qualified immunity on summary judgment, recognizing that officials who do not violate clearly established law are entitled to immunity from a suit for damages

Max v. Paladino

656 F. Supp. 937 · District Court, N.D. Illinois · Mar 13, 1987

Second, a rule that government officials are immune from suit under § 1983 whenever they do not intend to violate a person’s civil rights would conflict with the doctrine of qualified immunity established in Harlow v. … ’ ” for which federal officials may only claim qualified immunity.

Ray v. Village of Woodridge

221 F. Supp. 2d 906 · District Court, N.D. Illinois · Sep 16, 2002

If the plaintiff presents a constitutional injury, the second step is to determine whether the right was clearly established at the time. See id. … The law on such matters is not clearly established as to the serious and dynamic situation the Officers faced. Again, qualified immunity protects officers from civil liability for reasonable, if mistaken, actions.

Chicago Miracle Temple Church, Inc. v. Fox

901 F. Supp. 1333 · District Court, N.D. Illinois · Sep 26, 1995

Qualified Immunity Absent the availability of absolute immunity, defendants contend that they are entitled to qualified immunity. … Government officials sued in their individual capacities are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Suarez v. Illinois Valley Community College

688 F. Supp. 376 · District Court, N.D. Illinois · Jun 9, 1988

Yet, that case, which made subjective good faith an element of qualified immunity, no longer governs the qualified immunity defense. In Harlow v. … Thus, the only question this court need answer in resolving defendants’ qualified immunity argument is whether it was clearly established at the time plaintiff was fired that discriminating against pregnant women violates

Martinez v. Sun

896 F. Supp. 2d 710 · District Court, N.D. Illinois · Sep 13, 2012

They argue that the undisputed facts establish that they did not participate in a constitutional violation and, in the alternative, they assert qualified immunity for their actions. A. … The Court went on to reject the guards’ claims of qualified immunity because “Coleman clearly established a right to a prompt appearance after arrest pursuant to a warrant.” Id. at 582 .