Case law

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.

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.”

Doyle v. City of Chicago

139 F. Supp. 3d 893 · District Court, N.D. Illinois · Oct 29, 2015

It is a constitutional violation that must be clearly established, not a clear violation of a statutory or administrative provision. … Therefore, the Court finds that Hillard and Thompson are entitled to qualified immunity. 1. The Claims of Nolan, Roman and Olson These three Plaintiffs were dealt with differently from the nine other Plaintiffs.

Bogosian v. BOARD OF EDUC. OF COM. SCH. DIST. 200

73 F. Supp. 2d 949 · District Court, N.D. Illinois · Oct 29, 1999

Bogosian cannot establish the elements of an Illinois state tortious interference with contractual relations claim. … The defendants argue that the teachers' statements were not tortious because they were protected by some (1) absolute or (2) qualified privilege or (3) the state Tort Immunity Act, and were in any event (4) admittedly true

Sadrud-Din v. City of Chicago

883 F. Supp. 270 · District Court, N.D. Illinois · Apr 24, 1995

Qualified immunity shields governmental officials performing discretionary functions from civil liability if the conduct complained of “does not violate clearly established statutory or constitutional rights of which a reasonable … Whether an official is protected by qualified immunity is determined by the objective reasonableness of the action, "assessed in light of the legal rules that were 'clearly established’ at the time it was taken.”

Vargas v. Northern Illinois Foot & Ankle Specialists, Ltd.

District Court, N.D. Illinois · Sep 16, 2025

establishes the admissibility of evidence. … Indeed, the undisputed record establishes the contrary.

Scott v. O'GRADY

760 F. Supp. 1288 · District Court, N.D. Illinois · Feb 26, 1991

O’Grady and Branch argue that they are entitled to quasi-judicial absolute immunity or, in the alternative, qualified immunity. … Third, Diamond argues that it is *1294 entitled to qualified immunity based on the state of mind allegations in the complaint. A.

De La Paz v. Peters

959 F. Supp. 909 · District Court, N.D. Illinois · Mar 27, 1997

Qualified Immunity The defendants are entitled to summary judgment on the Eighth Amendment claim for another reason as well — qualified immunity. … “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if ‘their conduct does not violate clearly established statutory or constitutional

A.H. ex rel. Holzmueller v. Illinois High School Ass'n

263 F. Supp. 3d 705 · District Court, N.D. Illinois · Jul 7, 2017

realistic qualifying times for para-ambulatory athletes to compete in the state finals and that IHSA establish a para-ambulatory division in its annual 5K “Road Race” event. … But that it is “essentially impossible for Plaintiff to ever qualify under the able-bodied time standards,” as A.H. contends, does not establish that thosé standards are the but-for cause of his failure to qualify for the

Pommier v. James L. Edelstein Enterprises

816 F. Supp. 476 · District Court, N.D. Illinois · May 20, 1993

Pommier’s reliance upon these cases, however, is misplaced. (,Jn Marshall , the Seventh Circuit confronted an interlocutory appeal from a district court order denying summary judgment on a claim of qualified immunity. … In any event, it is irrelevant to the determination of qualified immunity whether it was clearly established that supervisors could be held liable under the two statutes....

Ores v. Village of Dolton

152 F. Supp. 3d 1069 · District Court, N.D. Illinois · Dec 23, 2015

Qualified Immunity For the sake of compléteness, the Court will also address qualified immunity even though it has ’ already held’ that Chief Jones committed no constitutional violation because state-law mandamus, declaratory … 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 *1088 person would

Aetna Life & Casualty Insurance v. United States

508 F. Supp. 298 · District Court, N.D. Illinois · Feb 20, 1981

The burden is upon the moving party to establish the lack of a triable issue of fact, and all doubts must be resolved against that party. Adickes v. S. H. … The FTCA provides a limited waiver of sovereign immunity for recovery in tort actions against the United States.

Hampton v. Hanrahan

522 F. Supp. 140 · District Court, N.D. Illinois · Aug 4, 1981

Where the conspiracy has been concealed, the cause of action does not accrue and the limitations period does not begin to run until the date plaintiffs discover — or should have discovered — the evidence which establishes … This “close question” is clearly left to the sound judgment of the district court. Russ, supra, and cases cited therein. 5 .

Rojicek v. Community Consolidated School District 15

934 F. Supp. 280 · District Court, N.D. Illinois · Jul 23, 1996

Defendants also argue that they are entitled to summary judgment on the ground of qualified immunity. … Under this doctrine, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person

MCI Communications Corp. v. American Telephone & Telegraph Co.

462 F. Supp. 1072 · District Court, N.D. Illinois · Oct 6, 1978

These decisions clearly have established that AT&T is duty bound to honor reasonable requests for the interconnection of AT&T facilities with specialized carrier facilities.” … Clearly, these allegations state a claim of antitrust violation falling within the sham exception to the Noerr immunity. Otter Tail Power Co. v.

McCraven v. City of Chicago

18 F. Supp. 2d 877 · District Court, N.D. Illinois · Aug 19, 1998

This is sufficient to take this case outside the intracorporate immunity doctrine. E. Fraud, Misrepresentation, and Deceit Mr. … The City, as a municipality, is immune from punitive damages unless immunity has heen waived. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981); Kolar v.

Garlovsky v. United States

211 F. Supp. 3d 1084 · District Court, N.D. Illinois · Sep 26, 2016

Defendant’s formalistic approach fails, because Plaintiff is clearly a “taxpayer” for the purposes of her refund claim. … Under Williams , the wife qualified as a taxpayer pursuant to that same definition. Id.

Sundstrom v. Village of Arlington Heights

826 F. Supp. 1143 · District Court, N.D. Illinois · Jun 16, 1993

Sundstrom’s First Amendment claim breaks no new ground, so that Rodewald is not entitled to qualified immunity. As for the wrongheaded “qualified immunity” argument, D. Mem. 13-14 cites Memphis Community Sch. Dist. v. … But whether Sundstrom had a clearly established right (the true qualified immunity issue) is a wholly different question from the price that must be paid for violating that right.

United States v. All Funds on Deposit with O'Brien & Associates

892 F. Supp. 2d 1038 · District Court, N.D. Illinois · Sep 25, 2012

Claimants’ injury is also clearly caused by the government’s forfeiture action and can be redressed by a favorable determination in the current case. Thus claimants satisfy the other requirements for standing. … The government contends that claimants still lack prudential standing because they cannot qualify as innocent owners.

Clay v. Friedman

541 F. Supp. 500 · District Court, N.D. Illinois · Jun 11, 1982

Finally, Doherty is not entitled to absolute immunity for such supervisory acts. Immunity of public defenders is a reflection of prosecutorial immunity. See, Robinson v. Bergstrom, 579 F.2d 401 (7th Cir. 1978). … Count XI Count XI attempts to state a cause of action against the Circuit Court for establishing a policy that led to Clay’s injuries.