Case law

Mehta v. Village of Bolingbrook

196 F. Supp. 3d 855 · District Court, N.D. Illinois · Jul 25, 2016

Qualified immunity Defendants next contend that summary judgment must be entered in their favor on all claims against the named individual defendants based on qualified immunity. … Defendants further contend that the Mehtas “have failed part two of the test” for qualified immunity, that the right they claim was violated was “clearly established” at the time.

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.

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.

Golbeck v. City of Chicago

782 F. Supp. 381 · District Court, N.D. Illinois · Jan 8, 1992

Martin is being sued in his individual capacity, defendants assert that he is entitled to qualified immunity. … This is so, they claim, because plaintiff had no clearly-established right to Police Board review prior to his suspension. Should this be the case, however, Supt.

Dertz v. City of Chicago

912 F. Supp. 319 · District Court, N.D. Illinois · Sep 29, 1995

We agree with the defendants that the claims in Count V are in fact official capacity claims, so we need not address the defendants’ qualified immunity claim and other arguments made as to the plaintiffs’ individual capacity … Such allegations clearly establish that it is the defendants’ actions in their official capacity that form the basis for the constitutional deprivation which is alleged in the complaint. Hill v.

Flores v. Lackage

938 F. Supp. 2d 759 · District Court, N.D. Illinois · Mar 31, 2013

Qualified Immunity Finally, Lackage and Fleming claim qualified immunity because of the unsettled law regarding doorway arrests. Defs.’ Resp. at 8-9. … 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 known

Domaracki v. Loyola Univ. Med. Ctr. Federal Credit Union

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

Moreover, Domaracki acknowledges that each employee was qualified for their new position. (Dkt. 69, ¶ 9). … Eisenhauer, 679 F.3d 957, 967 (7th Cir. 2012) (“an employee’s complaint [. ..] does not immunize [him] from being subsequently disciplined or terminated for inappropriate workplace behavior.”).

Lewis v. Tully

660 F. Supp. 293 · District Court, N.D. Illinois · May 13, 1987

QUALIFIED IMMUNITY As public officials, Elrod (individually) and Jones “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Accordingly, Elrod in his individual capacity and Jones are entitled to summary judgment on the basis of their qualified immunity. II.

Grand Boulevard Improvement Ass'n v. City of Chicago

553 F. Supp. 1154 · District Court, N.D. Illinois · Sep 7, 1982

The government’s first line of defense is that an award of fees in both of these cases is barred by the doctrine of sovereign immunity. There is no dispute that Congress waived sovereign immunity in enacting the EAJA. … No. 1418, supra 14, U.S.Code Cong. & Admin.News at 4993. 8 Moreover, while the burden of establishing a substantial justification is clearly on the government where the private party has prevailed, see id. at 10-11, U.S.Code

Threlkeld v. White Castle Systems, Inc.

201 F. Supp. 2d 834 · District Court, N.D. Illinois · Apr 24, 2002

Threlkeld can make out a claim for excessive force, they are entitled to qualified immunity. See Saucier v. … The Officers are entitled to qualified immunity if a reasonable officer could have believed that his conduct was constitutional in fight of the clearly established law and the information that the officer possessed at the

Mohr v. Chicago School Reform Board of Trustees

99 F. Supp. 2d 934 · District Court, N.D. Illinois · Jun 12, 2000

The individual defendants claim 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.

Manning v. Buchan

357 F. Supp. 2d 1036 · District Court, N.D. Illinois · Dec 3, 2004

Qualified immunity issues Defendants Buchan and Miller seek - to preclude evidence of various matters on which they say they are entitled to qualified immunity and which, they say, the Court “refrained from resolving” on … Third, the Court did not, in fact, refrain from ruling on the defendants’ request for summary judgment on qualified immunity as to the Brady claims.

Chawla v. Klapper

743 F. Supp. 1284 · District Court, N.D. Illinois · Jul 2, 1990

However, the Dental Practice Act only provides a qualified immunity which may be overcome by proving that there was “wanton or wilful misconduct.” Dr. … Dental Practice Act, and its provision of only a qualified immunity, a nullity.

Smithkline Beecham Corp. v. Apotex Corp.

193 F.R.D. 530 · District Court, N.D. Illinois · May 26, 2000

As with the attorney-client privilege, the burden is on the discovery opponent to establish that the work product doctrine immunizes the documents at issue from discovery. U.S. v. … All other materials for which plaintiffs claim work product immunity and to which no other privilege has been established or is claimed must be produced: 81, 90, 140, 146, 258, 267, 274, 286, 292, 293, 294, 295, 301, 305,

DeBoer v. Martin

537 F. Supp. 1159 · District Court, N.D. Illinois · Apr 30, 1982

There are two types of immunity which the courts have applied to section 1983 claims: absolute (judicial and quasi-judicial) and qualified immunity. … The other type of immunity granted by the courts in a section 1983 claim is qualified immunity.

Dean v. City of Chicago

896 F. Supp. 2d 699 · District Court, N.D. Illinois · Aug 5, 2012

It has been clearly established for a good half-century that the authorities cannot direct a person to engage in activity and then prosecute him for doing so. In Cox v. … Qualified immunity Defendants argue that even if there was no probable cause for Dean’s arrest, Fiorito would nonetheless be entitled to qualified immunity.

LaSalle National Bank v. County of Lake

579 F. Supp. 8 · District Court, N.D. Illinois · Feb 6, 1984

To the extent that the county board members and village trustees were acting in an administrative rather than legislative capacity, they have only qualified immunity, see, e.g., Scheuer v. … Qualified immunity is an affirmative defense which must be pleaded by the particular defendant and thus is not an appropriate ground to support a motion to dismiss. Gomez v.

Mnyofu v. Board of Education

832 F. Supp. 2d 940 · District Court, N.D. Illinois · Jun 2, 2011

A two-part test is used to resolve the issue of qualified immunity. … At this juncture, therefore, it would be premature to grant the Individual’s Defendants’ Motion to Dismiss Count I on the grounds of qualified immunity.

Jimenez v. City of Chicago

830 F. Supp. 2d 432 · District Court, N.D. Illinois · Nov 10, 2011

Qualified immunity Defendants argue that they are entitled to qualified immunity with regard to using loud voices during the interview of Larry Tueffel on the early morning on February 4 and seating Tina Elder in a room that … In a Brady case, the qualified immunity question is not “whether a law enforcement officer would clearly know that he had to disclose impeaching or exculpatory information.” Carvajal, 542 F.3d at 569 .

Schmidt v. City of Lockport, Ill.

67 F. Supp. 2d 938 · District Court, N.D. Illinois · Oct 14, 1999

Qualified immunity shields state actors from suits alleging liability for constitutional violations if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person should … The Seventh Circuit has established a two-part test for a ruling on qualified immunity: (1) whether the conduct sets out a constitutional violation; and (2) whether the constitutional standards were clearly established at