Case law

Egebergh v. Sheahan

955 F. Supp. 965 · District Court, N.D. Illinois · Feb 24, 1997

and Governmental Employees Tort Immunity Act (“Tort Immunity Act”), 745 ILCS 10/4-103 and 4-105. … XIII, § 4 had vested sole authority to establish the extent of governmental immunity in the hands of the state legislature and not the courts.

Satkar Hospitality Inc. v. Cook County Board of Review

819 F. Supp. 2d 727 · District Court, N.D. Illinois · May 20, 2011

The Board defendants’ motion The Board defendants have moved to dismiss plaintiffs’ first amended complaint on the basis of absolute immunity, qualified immunity, and the Rooker-Feldman doctrine. … The Board is therefore entitled to neither absolute nor qualified immunity from plaintiffs section 1983 claims. B.

Brown v. Smith

56 F. Supp. 3d 910 · District Court, N.D. Illinois · Jul 16, 2014

Because it is a complete defense to liability for money damages, “[ajbsolute immunity is only accorded for limited functions; ‘the presumption is that qualified rather than absolute immunity is sufficient to protect government … The test to determine whether an official is entitled to absolute immunity is well-established: a court must apply a “functional approach” by “look[ing] to the nature of the function performed, not the identity of the actor

Tillman v. Burge

813 F. Supp. 2d 946 · District Court, N.D. Illinois · Nov 2, 2011

The court does not address claims of qualified immunity in this opinion because the parties have not made them; that torture is unlawful has been clearly established for decades, thus rendering futile any argument that an … individual who engaged in torture should enjoy qualified immunity.

Chiriboga v. National Railroad Passenger Corp.

687 F. Supp. 2d 764 · District Court, N.D. Illinois · Sep 3, 2009

This type of conduct differs from that needed to establish negligence in that it involves an intentional act or a reckless disregard for others’ safety. Ziarko v. Soo Line R. … Failing to employ ordinary care to prevent an injury from a known danger or to discover the danger will qualify as reckless disregard. Id.

Roman

District Court, N.D. Illinois · Dec 15, 2025

Qualified Immunity protects police “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 … Two questions must be considered in determining qualified immunity: (1) do the facts alleged show the officer’s conduct violated a constitutional right; and (2) was the right was clearly established. Saucier v.

Falk v. Cook County Sheriff's Office

904 F. Supp. 797 · District Court, N.D. Illinois · Oct 26, 1995

QUALIFIED IMMUNITY Defendants argue that even if plaintiff states a valid § 1983 claim, defendants are entitled to qualified immunity from damages because their alleged conduct did not violate clearly established rights. … The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established rights of which a reasonable

McKeown v. Oglesby

633 F. Supp. 1152 · District Court, N.D. Illinois · Apr 22, 1986

Harlow holds that an officer is immune from liability for damages under § 1983 where his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Oglesby would be immune from liability under Harlow in this suit, qualified immunity is an affirmative defense which a defendant must plead and prove.

Blassman v. Markworth

359 F. Supp. 1 · District Court, N.D. Illinois · Apr 24, 1973

There is no question that recent decisions have established the principle that state action regulating suffrage is not immune from the impact of the Equal Protection Clause. … “To be sure, recent decisions have established that state action regulating suffrage is not immune from the impact of the Equal Protection Clause.

Stobinske-Sawyer v. Village of Alsip

188 F. Supp. 2d 915 · District Court, N.D. Illinois · Feb 25, 2002

Even if the issue of qualified immunity had been raised properly,- defendants could not prevail at this stage of the case. … Although an officer who had a reasonable, yet mistaken belief that probable cause existed is entitled to qualified immunity, Saucier v.

Wolf v. Carey

438 F. Supp. 545 · District Court, N.D. Illinois · Oct 14, 1977

The allegations of use of perjured testimony and suppression of exculpatory information also clearly fall within the Imbler grant of immunity. … Plaintiff’s conclusive declaration that his civil rights were violated, however, is not enough to establish a section 1983 claim.

Holly v. City of Naperville

571 F. Supp. 668 · District Court, N.D. Illinois · Jul 8, 1983

Plaintiff has pled in his complaint that he filed charges with the EEOC based on race, age, and otherwise-qualified handicap. ¶ 10. … For now, though, we are unwilling to hold that a claim cannot be stated unless the termination and the defamation were simultaneous where, as here, the later defamation clearly relates back to the termination.

Daniels v. City of Chicago

920 F. Supp. 901 · District Court, N.D. Illinois · Mar 22, 1996

The home entered by the police was clearly marked as 6540, the numbers posted in large print on the front door. The police entered another door. … But there is no qualified immunity from suit for a municipality, there is only freedom from liability. The rationale for heightened pleading “wrongly equates freedom from liability with immunity from suit.”

Johnson v. Dossey

878 F. Supp. 2d 905 · District Court, N.D. Illinois · Mar 30, 2012

Laude: Prior to the Time When Formal Criminal Proceedings Commenced Even though Laude has absolute immunity for any conduct of a prosecutorial nature, his immunity is merely qualified insofar as he was acting in an investigatory … Prior to the commencement of formal criminal proceedings, then, Laude, like Dossey and Rogers at all times, was subject to only qualified immunity. See Johnson v.

Clay v. Doherty

608 F. Supp. 295 · District Court, N.D. Illinois · Apr 16, 1985

Katz and Doherty may be able to claim a qualified good faith immunity from liability to Clay for their conduct as supervisors. But under Owen v. … Railoc of Indiana, Inc., 546 F.2d 706, 710 (7th Cir.1976)), establishes the Code as the standard applicable to lawyer discipline.

Cornell Village Tower Condominium v. Department of Housing & Urban Development

750 F. Supp. 909 · District Court, N.D. Illinois · Oct 9, 1990

As a general matter, then, the governing statute in this case clearly provides “law to apply.” … Duke Power establishes quite clearly, however, that a litigant need not demonstrate a nexus between the injury claimed and the precise violation asserted unless he is relying on his taxpayer status in bringing the suit. 438

Tomasso v. City of Chicago

782 F. Supp. 1231 · District Court, N.D. Illinois · Aug 26, 1991

Qualified Immunity The defendants argue that the individual defendants are qualifiedly immune. Accordingly, this Court must decide whether Ignoffo may be sued for his alleged role in the beating of Tomasso. … The doctrine of qualified immunity shields public officials “from liability for civil damages insofar as the conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Anderson v. Cornejo

199 F.R.D. 228 · District Court, N.D. Illinois · Mar 10, 2000

Clearly Established Law Regarding Standard Patdown Searches Qualified immunity protects government officials from individual liability for monetary damages as long as “their conduct ‘does not violate clearly established statutory … When the law became clearly established would only be pertinent to qualified immunity for the damages claims contained in Count VII.

Ortiz v. Town of Cicero, Illinois

District Court, N.D. Illinois · Nov 2, 2021

Indianapolis Fire Dept., 578 F.3d 559, 566 (7th Cir. 2009) (recognizing “a ‘qualified’ constitutional right [under the Due Process Clause] to the confidentiality of medical records and communications”); Grimes v. … Dunlap, 209 F.3d 944, 956 (7th Cir. 2000) (“[T]his Circuit has outlined a clearly established ‘substantial’ right in the confidentiality of medical information that can only be overcome by a sufficiently strong state interest

Caruth v. Illinois Department Of Corrections

District Court, N.D. Illinois · Aug 17, 2020

judgment is warranted based on qualified immunity. … In § 1983 actions, “qualified immunity shields an official from liability for civil damages, provided that the illegality of the official’s conducts was not clearly established at the time he acted.” Roe v.