Case law

Padilla v. City of Chicago

932 F. Supp. 2d 907 · District Court, N.D. Illinois · Mar 26, 2013

Unnamed Officers also claim immunity from all of Plaintiffs’ claims under the doctrine. of qualified immunity. … But by admitting that the law applicable to this case was clearly established, Unnamed Officers have effectively conceded the second prong in the qualified immunity calculus.

Spiegel v. Rabinowitz

924 F. Supp. 883 · District Court, N.D. Illinois · Apr 9, 1996

If they step over the line into, say, police work, they lose absolute immunity and are left with qualified immunity. … same thing are protected only by qualified immunity.

In Re Potash Antitrust Litigation

686 F. Supp. 2d 816 · District Court, N.D. Illinois · Feb 23, 2010

Therefore, this Court finds that Belaruskali qualifies as a “foreign state” under the FSIA. See 28 U.S.C. § 1603 . … The FSIA clearly states that the commercial activity must be that “of the foreign state.” 28 U.S.C. § 1605 (a)(2).

Harrell v. City of Chicago Heights, Ill.

945 F. Supp. 1112 · District Court, N.D. Illinois · Nov 1, 1996

immunity to local public entities in regard to their failure to establish an agency that provides such services. … Both phrases must be read in light of § 5-101’s title: “Establishment of fire department—fire protection—Rescue or other emergency services.” Tort Immunity Act, § 5-101 (section title).

Haynes v. Village of Lansing

656 F. Supp. 2d 783 · District Court, N.D. Illinois · Aug 26, 2009

Qualified Immunity Defendant contends that the doctrine of qualified immunity shields all De *791 fendant Officers from liability for damages in their individual capacities. … “Police officers who use force in making an arrest are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional

Vergara v. City of Waukegan

590 F. Supp. 2d 1024 · District Court, N.D. Illinois · Dec 22, 2008

Whether those rights were clearly established is the next question. … Biang is not entitled to qualified immunity here either with respect to Blanks’ claim.

Patrick v. City of Chicago

213 F. Supp. 3d 1033 · District Court, N.D. Illinois · Oct 4, 2016

Qualified immunity presents a trickier issue. … Qualified immunity protects “government officials performing discretionary functions.. .from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Caremark, Inc. v. Affiliated Computer Services, Inc.

195 F.R.D. 610 · District Court, N.D. Illinois · Aug 10, 2000

resistible claim is not sufficient to immunize an investigative report developed in the ordinary course of business. … This was clearly the case, as evidenced by ACS’s reaction.

Rateree v. Rockett

630 F. Supp. 763 · District Court, N.D. Illinois · Mar 10, 1986

Johnson is entitled to qualified good-faith immunity for his ministerial acts. 2. City is immune under Monell. 3. Plaintiffs’ claim is now moot because they have cashed their checks. Count I 1. … That is the difference between “absolute” legislative immunity and the “qualified good-faith immunity” available to legislators acting in an administrative capacity (Wood v.

Martinez v. Gonzalez

983 F. Supp. 768 · District Court, N.D. Illinois · Nov 5, 1997

Qualified Immunity Mr. Hooper argues that he is protected from individual liability based on the doctrine of qualified immunity. … Qualified immunity shields government officials from liability as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person .would have known.” Harlow v.

White v. Cooper

55 F. Supp. 2d 848 · District Court, N.D. Illinois · May 20, 1999

The doctrine of qualified immunity provides that, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Deliberate indifference to an inmates safety, which places an inmate in an extremely harmful and life threatening situation, certainly qualifies as a “clearly established” violation of the of the law.

Rivera v. Lake County

974 F. Supp. 2d 1179 · District Court, N.D. Illinois · Sep 26, 2013

In Ware, the immunity issue was *1197 resolved on summary judgment, after a factual record was established. Ware, 31 Ill.Dec. 488 , 394 N.E.2d at 702 . … “The doctrine of 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

Martin v. Lane

766 F. Supp. 641 · District Court, N.D. Illinois · Jun 12, 1991

legal rules that were ‘clearly established’ at the time it was taken.” … At this time, the court cannot determine whether O’Leary and Lane are protected by qualified immunity.

Wells v. City of Chicago

896 F. Supp. 2d 725 · District Court, N.D. Illinois · Sep 16, 2012

Qualified immunity shields government actors from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have been aware. … The Court also holds that those rights and the standard for determining custody were clearly established, so that the individual defendants are not entitled to qualified immunity.

Knox v. Donahue

232 F. Supp. 2d 892 · District Court, N.D. Illinois · Nov 25, 2002

Knox’s arrests for violating his parole were protected by qualified immunity. … Qualified immunity shields government officials performing discretionary functions from liability for civil damages.

O'Hare Truck Service, Inc. v. City of Northlake

843 F. Supp. 1231 · District Court, N.D. Illinois · Jan 3, 1994

established” so as to overcome Paxson’s and Sapoznik’s qualified immunity under Harlow v. … As suggested in Opinion at 1235, Paxson and Sapoznik are also entitled to be dismissed on qualified immunity grounds, even apart from the *1234 holdings just announced and to be announced in the text.

McCADD v. Murphy

763 F. Supp. 2d 1018 · District Court, N.D. Illinois · Dec 21, 2010

Qualified Immunity Alternatively, the defendants argue that even if officers lacked probable cause to arrest, they are nevertheless entitled to summary judgment based upon the doctrine of qualified immunity. … Accordingly, the defendants cannot prevail at the summary judgment stage on the basis of qualified immunity. See Hall v.

Oxford Bank & Trust & Fifth Avenue Property Management v. Village of La Grange

879 F. Supp. 2d 954 · District Court, N.D. Illinois · Jul 17, 2012

DISCUSSION The individual defendants raise various immunity defenses (legislative, qualified, and statutory) and further contend, along with the Village, that as a matter of law the plaintiffs fail to establish any constitutional … But even were the Court to conclude that the plaintiffs have sufficient uncontested evidence to establish that the Village (recall that the individual defendants are immune) enacted the zoning amendment, with or without animus

Niebur v. Town of Cicero

212 F. Supp. 2d 790 · District Court, N.D. Illinois · May 15, 2002

Loren-Maltese argues that she was entitled to qualified immunity on these claims. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. … To overcome the qualified immunity defense, the plaintiffs must establish that (1) the alleged conduct makes out a constitutional violation, and (2) the consti *817 tutional standards were clearly established at the time

Doe v. City of Chicago

931 F. Supp. 600 · District Court, N.D. Illinois · Jul 3, 1996

Norton contends that he is qualifiedly immune from being held liable, arguing that his conduct did not violate “clearly established ... constitutional rights of which a reasonable person would have known.” Kernats v. … Doe’s right to be free from an unlawful search of her home is clearly established. Mr. Norton certainly would have been aware of this right.