Case law

Digiore v. State of Ill.

962 F. Supp. 1064 · District Court, N.D. Illinois · Mar 27, 1997

“The mere fact that a State participates in a program through which the Federal Government provides assistance,” however, is insufficient to establish waiver. … Nor has it effected a constructive waiver by participating in a federal program that clearly conditions funding-on consent to suit in federal court.

JOHNNY TAYLOR v. CONNOR MARCHETTI, et al.

District Court, N.D. Illinois · Sep 15, 2026

The defense of “qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.’” … based upon qualified immunity.

Reilly

District Court, N.D. Illinois · Jun 23, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … To determine whether qualified immunity “shields” a government official, courts analyze two elements: (1) whether the official ‘violated a statutory or constitutional right”; and (2) whether “the right was ‘clearly established

United States v. All Funds on Deposit With R.J. O'brien & Associates

982 F. Supp. 2d 830 · District Court, N.D. Illinois · Oct 9, 2013

They do not establish substantive or evidentiary requirements. … Prudential standing The government continues to argue that the claimants in this case lack prudential standing to proceed with their claims because “they cannot establish that they qualify as ‘owners’ of the defendant funds

Davis v. Gomez

District Court, N.D. Illinois · Mar 20, 2023

Qualified immunity attaches unless: (1) a government official violated a federal statutory or constitutional right; and (2) the unlawfulness of this conduct “was clearly established at the time.” … Focusing on the second step of the qualified immunity inquiry, the law was clearly established during the relevant time that officials act with deliberate indifference when they react with a lack of concern to

Sevilla v. United States

852 F. Supp. 2d 1057 · District Court, N.D. Illinois · Apr 4, 2012

That is what occurred when Congress enacted the HCQIA, which accorded qualified immunity to reporting physicians and limited confidentiality to certain records. … Congress’ solution to that perceived problem was to give qualified immunity to physicians participating in the peer review process.

Dear Ex Rel. Dear v. Rathje

391 F. Supp. 1 · District Court, N.D. Illinois · Mar 17, 1975

Judicial immunity has long been firmly established in our judicial system. Every act performed by a judge in his judicial capacity is immune from damage suits by litigants. A litigant’s sole remedy is by way of appeal. … The immunity of judges for acts within the judicial role is equally well established, and we presume that Congress would have specifically so provided had it wished to abolish the doctrine. [Footnote omitted].

Ury v. Santee

303 F. Supp. 119 · District Court, N.D. Illinois · Aug 25, 1969

42 U.S.C. § 1983 , provides that every person who, under color of any statute or ordinance of any State, subjects or causes to be subjected any citizen of the United States to the deprivation of any rights, privileges or immunities … The rights, privileges and immunities encompassed by 42 U.S.C. § 1983 , include the right to equal protection of the laws as well as the right to due process of law. 1 5.

Taylor v. Hughes

District Court, N.D. Illinois · Jun 30, 2020

Qualified Immunity Qualified immunity protects government officials from civil liability under § 1983 if “their conduct does not violate clearly established statutory or … The qualified immunity test asks whether the official’s conduct was clearly unconstitutional.

Olympia Express, Inc. v. Linee Aeree Italiane S.P.A.

437 F. Supp. 2d 780 · District Court, N.D. Illinois · Jun 14, 2006

In reaching that conclusion, the Supreme Court rejected the argument that immunities based on foreign state status, “like other status-based immunities, such as the qualified immunity accorded to a state actor, ... … Accordingly, even assuming an immediate appeal might materially advance the ultimate termination of this litigation, Alitalia has failed to establish the basis for an interlocutory appeal.

Boyd v. Adams

364 F. Supp. 1180 · District Court, N.D. Illinois · Jun 29, 1973

The effect of Moor was supportative to the doctrine of municipal immunity (the County was held eligible for immunity as a sufficient “body politic”) as established in Monroe , and precluded petitioners' recovering for injury … Clearly without allegations supporting direct injury outside the scope of their duties to prosecute in the name of the people of Illinois Hanrahan and Kayman are immune from such action under the Local Governmental and Governmental

Delgado v. City of Chicago

District Court, N.D. Illinois · Dec 17, 2024

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … As the Seventh Circuit has explained: [A] right is clearly established for qualified immunity purposes if its contours were sufficiently definite that any reasonable

Broadnax v. ABF Freight Systems, Inc.

169 F.R.D. 628 · District Court, N.D. Illinois · Dec 13, 1996

The moving party has the burden of establishing that the transferee forum is clearly more convenient. Black and Decker Corp. v. Vermont American Corp., 915 F.Supp. 933, 937 (N.D.Ill.1995). … Defendant has not established that the Middle District of North Carolina would be “clearly more convenient” for witnesses than this district. 3.

Riordan v. City of Joliet

3 F. Supp. 2d 887 · District Court, N.D. Illinois · Apr 24, 1998

, limit immunity to discretionary acts (Epstein v. … But both a quick look at the clearly irrelevant Section 4-104 and a reference back to Joliet Defendants’ earlier filings confirm that Section 4-102 is the right one.

Escamilla v. Halloran

District Court, N.D. Illinois · Jul 25, 2025

Typically, dismissing a motion on qualified immunity grounds is “premature”; that said, “qualified immunity issues should be resolved as soon as possible, which is sometimes at the pleading stage.” Serrano v. … According to the ASA defendants, they are entitled to qualified immunity on the failure to intervene claim “because there was no clearly established duty for prosecutors to intervene in the misconduct of police

Rubloff Development Group, Inc. v. Supervalu, Inc.

863 F. Supp. 2d 732 · District Court, N.D. Illinois · Mar 27, 2012

But Prince I and Prince II dealt with a different matter: a privilege of qualified immunity for submissions made to the court in existing lawsuits when those matters are relevant to the pending proceeding. … Pecaut, 561 F.Supp. 1037, 1038 (N.D.Ill.1983)) (dealing with qualified immunity for the contents of a letter sent to a judge in a custody proceeding).

Huckleby v. Stewart

District Court, N.D. Illinois · Jul 30, 2025

The defendants also argue that they are entitled to qualified immunity on Huckleby’s claims. (R. 9 at 4.) Qualified immunity does not extend to state law claims, Jain v. Bd. of Educ. of Butler School Dist. 53, 366 F. … “[D]ismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well- pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.

Patterson v. Leyden

947 F. Supp. 1211 · District Court, N.D. Illinois · Nov 4, 1996

LaHue, 460 U.S. 325 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983), held that witnesses have absolute immunity for giving perjured testimony at a criminal trial, and the Seventh Circuit has extended absolute immunity to witnesses … Protecting police officers from liability for the consequences of “honest and reasonable mistakes” is a legitimate concern, but the common-law bar by conviction is absolute, not a qualified immunity that looks to *1217 the

Meer v. Graham

611 F. Supp. 2d 815 · District Court, N.D. Illinois · Apr 29, 2009

The individual defendants also assert that they are entitled to qualified immunity on counts I, II, and IV. … The individual defendants also assert that they are entitled to qualified immunity on these counts. Meer does not respond.

Matter of Trader Roe

720 F. Supp. 645 · District Court, N.D. Illinois · Aug 14, 1989

Such a proposition is clearly inconsistent with Fisher and Doe . … Clearly, the affidavit of the FBI agent is insufficient to establish that the government has anything more than a generalized knowledge of the nature of the category of documents it seeks to obtain.