Case law

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  • Horstman v. County of DuPage

    284 F. Supp. 2d 1125 · District Court, N.D. Illinois · Sep 29, 2003

    , that qualified immunity shields them from liability. … I cannot say that the prosecutors’ acts were shielded by absolute immunity, or even qualified immunity, until it is clear what those acts were. See Alvarado v.

    Cited 12 timesPublished
  • Sanchez v. Roth

    891 F. Supp. 452 · District Court, N.D. Illinois · Jun 22, 1995

    Qualifíed Immunity Defendants contend that they are immune from suit based on the notion of qualified immunity for government officials. … the doctrine of qualified immunity.

    Cited 2 timesPublished
  • Reed v. Illinois

    119 F. Supp. 3d 879 · District Court, N.D. Illinois · Aug 10, 2015

    immunity or sovereign immunity)”); Reed v. … Sheahan, 455 F.3d 772, 776 (7th Cir. 2006) (stating that "units of government are not entitled to immunity in suits under § 1983” because “[official immunities (judicial, legislative, absolute, qualified; quasi, and so on

    Cited 2 timesPublished
  • Carr v. City of North Chicago

    908 F. Supp. 2d 926 · District Court, N.D. Illinois · Nov 8, 2012

    Thomas concluded that Heller did not establish *930 such a rule. … Regardless, if Defendant Officers do prevail here on a qualified immunity defense, judgment will nonetheless be entered against the City.

    Cited 16 timesPublished
  • Pampinella

    District Court, N.D. Illinois · Jan 16, 2026

    Qualified Immunity “[O]fficers are entitled to qualified immunity under [Section] 1983 unless (1) they violated a federal statutory or constitutional right, and … (2) the unlawfulness of their conduct was clearly established at the time.”

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesPublished
  • Mansfield v. Chicago Park District Group Plan

    946 F. Supp. 586 · District Court, N.D. Illinois · Nov 5, 1996

    Under these provisions, group health plans must make continuation coverage available for qualified beneficiaries who would lose coverage as a result of a qualifying event provided he or she elects the coverage within the … (“Tort Immunity Act”). Under the Tort Immunity Act, a tort suit against a local governmental, entity must be initiated one year after injury. Id.

    Cited 9 timesPublished
  • McClelland v. McGrath

    31 F. Supp. 2d 616 · District Court, N.D. Illinois · Nov 23, 1998

    We disagreed and in an unreported order refused to dismiss the complaint or grant the officers qualified immunity because according to McClelland’s allegations, the Cellular One employees were acting as agents of the officers … We must also reject the officers’ renewed plea for qualified immunity, which protects them from liability unless their conduct violated “clearly established ... rights of which a reasonable person would have known,” Harlow

    Cited 1 timesPublished
  • Mungiovi v. Chicago Housing Authority

    901 F. Supp. 261 · District Court, N.D. Illinois · Aug 2, 1995

    Smith and Bradley argue that this court lacks jurisdiction over the federal claim because they are shielded from suit by virtue of their qualified immunity. … Such conduct, if true, should not be entitled to qualified immunity if plaintiff actually possessed the right to be building president.

    Cited 0 timesPublished
  • Briggs v. North Shore Sanitary District

    914 F. Supp. 245 · District Court, N.D. Illinois · Jan 9, 1996

    Qualified Immunity for the Individual Defendants The individual defendants next argue that they are entitled to qualified immunity on Count I. … However, governmental officials may claim qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 6 timesPublished
  • Stewart v. Roe

    776 F. Supp. 1304 · District Court, N.D. Illinois · Nov 1, 1991

    Contrary to Trettene-ro’s contention, case law clearly establishes that “one who is given a badge of authority of a police officer may not ignore the duty imposed by his office and fail to stop other officers who summarily … Regardless, Trettenero contends that her actions should be shielded by the doctrine of qualified immunity. In the present posture of this case, that argument is premature.

    Cited 4 timesPublished
  • Midwest Construction Co. v. Illinois Department of Labor

    684 F. Supp. 991 · District Court, N.D. Illinois · May 18, 1988

    In the alternative, they contend that they are entitled to the immunity that protects municipalities in the implementation of a clearly articulated policy of the state. … Subsequently, the Court determined that the second prong of the MidCal test is inapplicable to municipalities; a municipality need not be supervised by the state in order to qualify for state immunity. See Hallie v.

    Cited 0 timesPublished
  • Napolitano v. Ward

    317 F. Supp. 83 · District Court, N.D. Illinois · Aug 5, 1970

    His third allegation of a constitutional violation is that reliance upon his testimony as establishing cause for his removal violated his privilege against self-incrimination. … There appears to be a substantial question whether Courts Commission proceedings qualify as “proceedings in a State court” and, if so, whether the relief requested falls under the statute’s prohibition.

    Cited 4 timesPublished
  • Rubin v. Islamic Republic of Iran

    408 F. Supp. 2d 549 · District Court, N.D. Illinois · Dec 15, 2005

    Plaintiffs move for partial summary judgment establishing that as a matter of law no party other than Iran may raise Iran’s Section 1609 immunity defenses. … Creating new rights in this case is particularly unnecessary, as Iran is clearly capable and willing to assert immunity defenses when it so desires.

    Reversed by Jenny Rubin v. Islamic Republic of, 637 F.3d 783 (2011)Cited 7 timesPublished
  • Fitzgerald v. Santoro

    842 F. Supp. 2d 1064 · District Court, N.D. Illinois · Jan 31, 2012

    Moreover, I conclude that even if probable cause for defendants’ entry and seizure were lacking, they are entitled to qualified immunity on plaintiffs § 1983 claims. … The doctrine of qualified immunity allows officers the ability to make such difficult decisions as part of effectively performing their duties.”)

    Cited 2 timesPublished
  • Jones v. Morris

    769 F. Supp. 274 · District Court, N.D. Illinois · Jun 29, 1989

    “Qualified immunity” also insulates them from that prospect. Harlow v. … To be sure, a deliberate failure to cure a known life threat (for example) was a “clearly established” Eighth Amendment violation in 1981.

    Cited 0 timesPublished
  • In Re Factor VIII or IX Concentrate Blood Products Litigation

    25 F. Supp. 2d 837 · District Court, N.D. Illinois · Sep 10, 1998

    It also contends that the First Amendment offers a qualified privilege because NHF publications reported on issues of public concern. … Both arguments are unsupported by precedent and are clearly at odds with the plain meaning of Cohen . 8 . At least one stale has decided that negligence is insufficient. See Virelli v.

    Cited 7 timesPublished
  • R & V Pine Tree, Inc. v. Village of Forest Park

    947 F. Supp. 342 · District Court, N.D. Illinois · Oct 11, 1996

    Where the Corporation cannot demonstrate that the official’s conduct violated a clearly established right, the officials are entitled to qualified immunity. Williams v. … The question is whether the Corporation has alleged deprivation of a clearly established constitutional right. The answer is “no.”

    Cited 1 timesPublished
  • Hanania v. Loren-Maltese

    56 F. Supp. 2d 1010 · District Court, N.D. Illinois · May 12, 1999

    The claims of political corruption clearly are related to matters of public concern. The disclosure of crime is a matter of great public concern. Gorman v. Robinson, 977 F.2d 350, 355 (7th Cir.1992). … One is immunity. We see no basis for qualified immunity. Retaliatory harassment and deprivation of employment in 1996 and 1997 violated clearly-established rights. Defendants are not entitled to qualified immunity.

    Cited 3 timesPublished
  • Madsen v. Park City

    6 F. Supp. 2d 938 · District Court, N.D. Illinois · Apr 29, 1998

    But even if the 89-404 amendment is considered to have always been invalid, qualified immunity would. still protect the individual defendants from damages liability because it was not clearly established in 1996 that Public … Even if the Seventh Circuit were to follow Neff instead of Abbott , the individual defendants would be qualifiedly immune from damages liability because, in 1996, it was not clearly established in the Seventh Circuit that

    Cited 14 timesPublished

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