Case law

Alinsky v. United States

156 F. Supp. 2d 908 · District Court, N.D. Illinois · Aug 2, 2001

Willie Card’s affidavit (which is essentially unrebutted by plaintiffs) coupled with plaintiffs’ own characterization of Midwest’s contractual relationship with the FAA clearly establishes that the FAA does not control the … Plaintiffs interpret this order to mean that an FAA air traffic controller who does not qualify as a supervisor may not stand watch alone.

Frane v. Kijowski

992 F. Supp. 985 · District Court, N.D. Illinois · Jan 27, 1998

Under the doctrine of qualified immunity, “governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct *990 does not violate clearly established statutory … Once a defendant has asserted a defense of qualified immunity, courts ask: 1) whether the alleged conduct violated a specific constitutional right; and 2) whether constitutional standards were clearly established at the time

Parker v. Banner

479 F. Supp. 2d 827 · District Court, N.D. Illinois · Mar 22, 2007

The individual city employees were protected by qualified immunity rules, 1 so the plaintiffs only available remedy was the suit against the city. … This would be entirely inconsistent with the idea of qualified immunity, which states that governmental actors are shielded from liability so long as "their conduct does not violate clearly established statutory or constitutional

Hill v. Godinez

955 F. Supp. 945 · District Court, N.D. Illinois · Feb 6, 1997

Franklin also contends that he is sheltered from liability by qualified immunity. … Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987)), he cannot succeed on qualified immunity grounds.

Baker v. Runyon

922 F. Supp. 1296 · District Court, N.D. Illinois · May 1, 1996

It *1299 is, in fact, “an independent establishment of the Executive Branch of the government of the United States ...” 39 U.S.C. § 201 . … Beyond these citations, and its own tautologous recitations, the defendant offers little to show that the Postal Service qualifies as “a government, government agency or political subdivision.”

Ramirez v. City of Chicago

82 F. Supp. 2d 836 · District Court, N.D. Illinois · Dec 23, 1999

The paramedics then argue that they are entitled to qualified immunity. … Qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Williams v. Rath

756 F. Supp. 1103 · District Court, N.D. Illinois · Feb 12, 1991

Here the act that underlies Williams’ Complaint — the Judges' dismissal of his claim in 89-2203— was clearly an act of a judicial nature qualifying for absolute immunity protection. … Williams qualifies in financial terms for in forma pauperis status.

Gregory v. Oliver

226 F. Supp. 2d 943 · District Court, N.D. Illinois · Oct 21, 2002

In turn, qualified immunity is again a function of whether a constitutional right has been violated and whether the law regarding that constitutional right is clearly established (id. at 201, 121 S.Ct. 2151 ). … That being so, it is hardly necessary to dwell on Saucier’s second test for qualified immunity: whether the particular violation of that constitutional right in this case is clearly established, as a matter of law, as a constitutional

Kufalk v. Hart

610 F. Supp. 1178 · District Court, N.D. Illinois · Mar 18, 1985

Finally, to the extent the plaintiff’s actions are not absolute *1194 ly barred, the state defendants contend they are barred by their qualified immunity. 1. … Qualified Immunity In their memorandum in support of their motion to dismiss, the state defendants stated that “[fjollowing the reasoning of Harlow v.

Hughes v. City of Chicago

673 F. Supp. 2d 641 · District Court, N.D. Illinois · Nov 25, 2009

that constitutional right was clearly established at the time of the alleged violation.” … Accordingly, Defendants are not entitled to summary judgment on the ground of qualified immunity. C.

Bills Ex Rel. Bills v. Hommer Consolidated School District Number 33-C

959 F. Supp. 507 · District Court, N.D. Illinois · Mar 14, 1997

Qualified Immunity At this point, only Counts I and IV remain. … Defendants move to dismiss Count I against Jolas by asserting a qualified immunity defense. Qualified immunity is a defense available to government officials under certain conditions.

Fairley v. Andrews

300 F. Supp. 2d 660 · District Court, N.D. Illinois · Jan 27, 2004

Qualified Immunity A government official is entitled to qualified immunity, and thereby may avoid liability under section 1983, when his conduct does not violate a clearly established constitutional right of which a reasonable … Defendants assert that they are entitled to qualified immunity because their conduct did not violate a clearly established constitutional right.

Estate of Chlopek Ex Rel. Fahrforth v. Jarmusz

877 F. Supp. 1189 · District Court, N.D. Illinois · Feb 28, 1995

Under the judicially *1197 created doctrine of qualified immunity, public officials performing discretionary functions are shielded “from damages unless their conduct was unreasonable in light of clearly established law.” … See generally Sledd, 864 F.Supp. 819 (discussing the correct parameters of the qualified immunity doctrine).

Montalvo v. Park Ridge Police Department

170 F. Supp. 2d 800 · District Court, N.D. Illinois · Apr 17, 2001

Qualified Immunity Defendants offer a qualified immunity defense which they raise for the first time in their reply brief. Arguments are deemed waived when raised for the first time in a reply brief. … The Eleventh Circuit held that the officer was entitled to qualified immunity since there was no precedent which established that an officer must abandon his attempt to arrest a suspect in order to protect a second suspect

Pirela v. Village of North Aurora

966 F. Supp. 661 · District Court, N.D. Illinois · May 30, 1997

doctrine of qualified immunity. … Qualified immunity shields government officials, acting in their *671 official capacity, from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a

Lindsey v. Orlando

232 F. Supp. 3d 1027 · District Court, N.D. Illinois · Feb 2, 2017

The Defendant Officers have interposed a defense of qualified immunity in their answer. (Chicago Answer 17.) The elements of a claim of false arrest are familiar. … immunity.

Opp v. Devine

621 F. Supp. 2d 635 · District Court, N.D. Illinois · May 15, 2009

She alleges, however, that she was selected for termination over less qualified or equally qualified peers based on 1) her lack of a “political sponsor” with sufficient “clout” to have her name removed from the termination … C.Plaintiffs Shakman claim Plaintiff alleges that “defendants’ actions in terminating Plaintiffs employment,” while less qualified or equally qualified employees with “political sponsorship” were not terminated, violates

Barrientos v. Haritos

836 F. Supp. 2d 670 · District Court, N.D. Illinois · Jul 25, 2011

Probable cause and qualified immunity are often analyzed together in § 1983 cases. Thompson, 319 F.3d at 935 . … This is sufficient to entitle the officers to qualified immunity, even if probable cause was lacking. See Thompson v.

Huffman v. Grinnell

880 F. Supp. 1194 · District Court, N.D. Illinois · Mar 9, 1995

QUALIFIED IMMUNITY The Fourth Amendment to the Constitution guarantees the right to be free from unreasonable searches and seizures. … The issue of whether public employees are entitled to qualified immunity is determined by an objective standard, Harlow v.

Caudle-El v. Peters

727 F. Supp. 1175 · District Court, N.D. Illinois · Oct 15, 1989

The defendants’ claim of qualified immunity as to the remaining claims is rejected. … Neither Burkhart, Ensor nor the warden are entitled to qualified immunity on these claims. It is so ordered. 1 .