Case law

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  • Evain v. Conlisk

    364 F. Supp. 1188 · District Court, N.D. Illinois · Jul 13, 1973

    This Court has recently considered the doctrine of municipal immunity and the immunity of supervisory personnel in Boyd v. Adams, No. 73 C 403, 364 F.Supp. 1180 , decided on June 29,1973. … The allegation, however, must fail, for it does not establish a violation or deprivation of a right secured by the Constitution or laws of the United States.

    Cited 16 timesPublished
  • United States v. Melekh

    193 F. Supp. 586 · District Court, N.D. Illinois · Mar 20, 1961

    The Court concludes that Melekh cannot qualify as a “public minister” as the term is used in the Constitution and in the statute. … Judge Herlands describes the immunity as a “functional” immunity, but defendant states that description is ambiguous in that a functional immunity may refer to immunity from arrests for acts done in the exercise of one’s

    Cited 18 timesPublished
  • Nawrot v. CPC International

    259 F. Supp. 2d 716 · District Court, N.D. Illinois · Apr 23, 2003

    is protected by this immunity); see Bond v. … Nawrot has pointed to evidence in the record that he has collapsed at work and is unable to think clearly when suffering from a diabetic attack.

    Cited 16 timesPublished
  • Marshall v. Fairman

    951 F. Supp. 128 · District Court, N.D. Illinois · Jan 2, 1997

    Defendants raise a general claim of qualified immunity, but immunity is clearly inapplicable. … Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against civil liability if “their conduct does not violate clearly established statutory or constitutional rights

    Cited 2 timesPublished
  • Trotter v. Klincar

    566 F. Supp. 1059 · District Court, N.D. Illinois · May 26, 1983

    Nevertheless, prison officers and officials in state departments of corrections are entitled to qualified good faith immunity when damages are sought against them under § 1983. Procunier v. … We need not address the issue of whether Scillia and Thomas are entitled to qualified immunity, however, for we hold that none of Trotter’s constitutional rights were violated by the procedure afforded to him and of which

    Cited 9 timesPublished
  • In re Air Crash Disaster

    133 F.R.D. 515 · District Court, N.D. Illinois · Dec 3, 1990

    First, whether I have found a particular document to be subject to the qualified work product immunity provided by Rule 26 depends on whether the subject matter of the document concerns preparation or strategy, or the appraisal … Rule 26(b) provides qualified immunity only for “tangible" things.

    Cited 35 timesPublished
  • Grayson v. City of Aurora

    157 F. Supp. 3d 725 · District Court, N.D. Illinois · Jan 17, 2016

    Qualified Immunity The Defendants’ qualified immunity argument is truncated and essentially merely describes the general law concerning the availability of the defense. See de la Rama v. Ill. … When allegations revolve around whether police officers failed to disclose Brady evidence, the qualified immunity question focuses on whether it was clearly established that the information that Gray-son contends the Defendants

    Cited 17 timesPublished
  • Stanley Works v. Haeger Potteries, Inc.

    35 F.R.D. 551 · District Court, N.D. Illinois · Jun 16, 1964

    Where attorneys for parties having a mutual interest in litigation exchange their work product, it remains protected by a qualified privilege. Transmirra v. Monsanto, supra. … Communications betwen Costas and associate counsel retained by him are clearly immune from discovery.

    Cited 28 timesPublished
  • Coltec Industries, Inc. v. American Motorists Insurance

    197 F.R.D. 368 · District Court, N.D. Illinois · Nov 30, 2000

    That is to say, the mere fact that a discovery opponent anticipates litigation does not qualify an “in-house” document as work product. … It may be overstating the obvious, but in this court’s experience it is necessary; describing a document as “legal advice” or “work product” is not the same as establishing that the documents are immune from discovery.

    Cited 28 timesPublished
  • Wallace Ex Rel. Wallace v. Batavia School District 101

    870 F. Supp. 222 · District Court, N.D. Illinois · Nov 21, 1994

    In the alternative, the § 1983 claim against Cliffe would have to be dismissed because Cliffe is entitled to qualified immunity. … Under the doctrine of qualified immunity, a public official performing discretionary functions is protected against suit from damages unless the official’s conduct violates a clearly established statutory or constitutional

    Cited 0 timesPublished
  • 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.

    Cited 1 timesPublished
  • Treadwell v. McHenry County

    193 F. Supp. 3d 900 · District Court, N.D. Illinois · Jun 20, 2016

    The final argument, .concerning qualified immunity, also fails. … Should we affirm summary judgment because the defendants receive qualified immunity? The district.court said yes, we say no.

    Cited 2 timesPublished
  • Reyna v. City Of Chicago

    District Court, N.D. Illinois · Jun 10, 2025

    Qualified immunity exists to protect public officials from suit unless they violate a clearly established statutory or constitutional right. Doxtator v. O’Brien, 39 F.4th 852, 863 (7th Cir. 2022). … Armbrust’s obligation to intervene was not clearly established in 1998, and as such she is entitled to qualified immunity on those claims. See Brosseau, 543 U.S. at 198.

    Cited 0 timesUnknown
  • Vickery Manor Service Corp. v. Village of Mundelein

    575 F. Supp. 996 · District Court, N.D. Illinois · Dec 13, 1983

    City of Boulder established an important guide for future eases: a general grant of power to a local governmental unit does not necessarily immunize subsequent anticompetitive conduct pursuant to that grant. … The city, contending that its denial of services to the towns was authorized by clearly articulated state policy, argued that state action immunity protected its conduct.

    Cited 1 timesPublished
  • Stone v. Board of Trustees of Northern Illinois University

    38 F. Supp. 3d 935 · District Court, N.D. Illinois · Aug 5, 2014

    However, as in Rickman, demotion and promotion decisions are clearly within the scope of Stone’s supervisors’ employment, 4 and thus sovereign immunity blocks the claims in Counts V and VIII based on the Whistleblower Act … Henley, 13 F.3d 221, 224 (7th Cir.1993) (“In effect [plaintiff] is arguing that a state cannot waive its sovereign immunity in part; if the state doesn’t want to be sued in federal court, it can’t establish a court of claims

    Cited 17 timesPublished
  • Davis

    District Court, N.D. Illinois · Jun 30, 2026

    The Court therefore addresses only the “clearly established law” prong of the qualified immunity analysis. … Defendants argue that they are entitled to qualified immunity because “Plaintiff did not have a clearly established right . . . to make bail payment to the county clerk,” even if the Sheriff’s Office had accepted improper

    Cited 0 timesUnknown
  • Limes-Miller v. City of Chicago

    773 F. Supp. 1130 · District Court, N.D. Illinois · Sep 16, 1991

    Qualified Immunity As with her other claims, Limes-Miller’s Count II claim against Rogers must fail for a second and independent reason — this time because Rogers is entitled to qualified immunity. Harlow v. … Whether an official violated clearly established constitutional protections is a question of law (id.).

    Cited 16 timesPublished
  • Starks v. City of Waukegan

    123 F. Supp. 3d 1036 · District Court, N.D. Illinois · Jul 24, 2015

    Their absolute immunity argument is really 'just an argument on the merits, id. at 7-9, and it is questionable whether private dentists are even entitled to assert qualified immunity under § 1983. See Currie v. … This disposition makes it unnecessary to reach her other contentions, including that she has absolute and qualified immunity. II.

    Cited 14 timesPublished
  • Moore v. Board of Educ. of City of Chicago

    300 F. Supp. 2d 641 · District Court, N.D. Illinois · Jan 21, 2004

    (“Tort Immunity Act”). … the Tort Immunity Act.”

    Cited 6 timesPublished
  • Colegrove v. Green

    64 F. Supp. 632 · District Court, N.D. Illinois · Jan 29, 1946

    Quite as clearly, though by necessary implication instead of by express provision, is the right of the citizen to be equally represented in Congress. United States v. Classic, supra. … Likewise, it can, with immunity, defy the Illinois state courts.”

    Cited 4 timesPublished

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