Case law

Landstrom v. Illinois Department of Children & Family Services

699 F. Supp. 1270 · District Court, N.D. Illinois · Oct 31, 1988

immunity from money damages unless the conduct violated “clearly established statutory or constitu *1274 tional rights of which a reasonable person would have known” (Harlow v. … To double back a bit, what the earlier analysis established was that such allegations — even though accepted as true — do not divest the individuals of qualified immunity.

Edwards v. Cabrera

861 F. Supp. 664 · District Court, N.D. Illinois · Aug 10, 1994

Qualified Immunity Qualified immunity will shield the officers from liability to the extent their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Seventh Circuit has described the qualified immunity inquiry as having two prongs: First, the plaintiff must show that the law was clearly established when the challenged' conduct occurred.

Eckmann v. Board of Education of Hawthorn School District No. 17

636 F. Supp. 1214 · District Court, N.D. Illinois · May 19, 1986

Having at least arguably violated a clearly established constitutional right of plaintiff, the Board members lose the benefits of a qualified immunity — “immunity from suit” — and are forced to proceed to trial to test the … Qualified immunity protects government officials only in cases where it cannot be said that their actions violated rights clearly established at the time that they acted.

Meyer v. NILES TP., ILL.

477 F. Supp. 357 · District Court, N.D. Illinois · Jul 24, 1979

Dunne Is Not Protected by the Doctrine of Qualified Immunity. … To rebut the qualified immunity defense, the plaintiff must demonstrate that the constitutional right infringed was clearly established at the time of the action and the official “knew or reasonably should have known that

Gustafson v. Thomas

75 F. Supp. 3d 876 · District Court, N.D. Illinois · Dec 16, 2014

City of Chic., 865 F.2d 827 , 846 (7th Cir. 1989) (examining only cases decided before the events at issue in analyzing how clearly established the law was for qualified immunity). … Whatever the implications of potential violations of Illinois law, these alleged violations have no bearing on whether the law was clearly established for qualified immunity purposes. .

McCabe v. Caleel

739 F. Supp. 387 · District Court, N.D. Illinois · Apr 30, 1990

action is a violation) violates a clearly established right. … Application of the qualified immunity concept to McCabe’s situation is simple: It has not been “clearly established” even now, let alone when Board’s members acted back in the late 1970s, that the fact (if it is a fact) of

Stone-El v. Fairman

785 F. Supp. 711 · District Court, N.D. Illinois · Dec 17, 1991

We now turn to the issue of qualified immunity. B. … However, as the right in question was not clearly established in reference to the facts of this case, defendants are entitled to qualified immunity. As such, we dismiss Stone-El’s amended complaint in its entirety.

Mearday v. City of Chicago

196 F. Supp. 2d 700 · District Court, N.D. Illinois · Mar 28, 2002

Qualified Immunity Qualified immunity shields those government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the second step of the qualified immunity analysis, the burden of demonstrating a clearly established constitutional right lies with the plaintiff.

Gaffey v. Illinois Dept of Juvenile Justice

District Court, N.D. Illinois · Mar 31, 2021

Qualified immunity protects public officials from damages liability unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … The Court finds Plaintiff’s argument against qualified immunity to be flawed, however, as it frames “clearly established” law at too high a level of generality.

Howard v. Board of Education of Sycamore Community Unit School District No. 427

893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995

Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.

Parker v. Lane

688 F. Supp. 353 · District Court, N.D. Illinois · May 19, 1988

Qualified Immunity Defendants’ final contention is that they are immune from suit because their conduct did not violate any “clearly established statutory or constitutional rights of which a reasonable person would have known … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985) makes clear, qualified immunity encompasses not only immunity from liability but immunity from suit.

Tricoci v. Blackman

District Court, N.D. Illinois · Aug 27, 2024

A police officer is entitled to qualified immunity when performing a discretionary function that is objectively lawful in light of clearly established law and the information an officer possessed at the time. … Pauly, 580 U.S. 73, 78 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights or which a reasonable person would have known.")

Adrow v. Johnson

623 F. Supp. 1085 · District Court, N.D. Illinois · Dec 12, 1985

Qualified Immunity Defendants also argue that even if this search violated the fourth amendment, they are protected by the qualified immunity accorded to certain government officials and are therefore not liable for damages … (“One of the cases [establishing the applicable standard] was a case from this circuit. As the law was, therefore, established, the defendants were not entitled to immunity.” Id. (emphasis added)).

Coffey v. Quinn

578 F. Supp. 1464 · District Court, N.D. Illinois · Nov 14, 1983

At the time of the decision, the law in that circuit was undecided as to whether local legislators enjoyed absolute or qualified personal immunity. … Municipal decisionmakers passing on administrative questions possess qualified good faith immunity, not absolute immunity. See Wood v. Strictland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975); Scheuer v.

Lewis v. Washington

265 F. Supp. 2d 939 · District Court, N.D. Illinois · Jun 2, 2003

“Qualified immunity protects government officials from civil liability when performing discretionary functions so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … I find that the constitutional rights asserted by plaintiffs here are not “clearly established” for purposes of denying defendants qualified immunity.

Doe v. City of Chicago

883 F. Supp. 1126 · District Court, N.D. Illinois · Nov 16, 1994

Qualified Immunity Dr. Bransfield moves to dismiss the Section 504 claim against him on grounds of qualified immunity. … The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights

Narducci v. Village of Bellwood

444 F. Supp. 2d 924 · District Court, N.D. Illinois · Aug 11, 2006

If such a violation has taken place, the court must determine whether that right was “clearly established” (id). … Clearly Established Law Once a constitutional violation has been identified, the dispositive question for a qualified immunity defense is whether the law was “clearly established” when the official acted, such that a reasonable

ESTATE OF CASSARA BY CASSARA v. State of Ill.

853 F. Supp. 273 · District Court, N.D. Illinois · May 19, 1994

In order to penetrate defendants’ shield of qualified immunity as government officials performing discretionary functions, plaintiff bears the burden of demonstrating that the defendants’ conduct violated clearly established … established and the state officials’ actions clearly illegal.

Ruffino v. Sheahan

61 F. Supp. 2d 764 · District Court, N.D. Illinois · Aug 10, 1999

The doctrine of qualified immunity shields government officials from liability in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A plaintiff must show that a constitutional violation occurred and that the applicable constitutional standards were clearly established at the time of the alleged violation. Erwin v.

Lightner v. Tremont Auto Auction, Inc.

564 F. Supp. 1112 · District Court, N.D. Illinois · Apr 22, 1983

The Court in Butz established a qualified immunity for government officials performing discretionary functions. Id. at 504, 98 S.Ct. at 2909. … Lash, 687 F.2d 996, 1007 (7th Cir.1982) (question of fact whether defendant officials should reasonably have known that their conduct would violate clearly established constitutional norms).