Case law

Duehning v. Aurora East Unified School School District 131

102 F. Supp. 3d 968 · District Court, N.D. Illinois · Apr 20, 2015

Because the Court has found that Chase is not liable for any constitutional violation, the Court need not delve further into Defendants’ qualified immunity argument. See Spencer v. … Mar. 25, 2015) (invoking qualified immunity “would be pointless” if plaintiffs have established no constitutional violation). II. Whether Plaintiffs claims against the District survive summary judgment A.

Humphrey v. Demitro

931 F. Supp. 571 · District Court, N.D. Illinois · Jun 5, 1996

(2) whether a reasonable officer could have mistakenly believed that probable cause existed even if it did not (thus giving rise to qualified immunity under Maltby). … immunity is available (after all, the legal rule has long been clearly established, and as Boyce v.

Jackson v. DeTella

998 F. Supp. 901 · District Court, N.D. Illinois · Mar 16, 1998

. § 1997e(a), (Mot.Dismiss, p. 2), and (2) that Defendants are entitled to qualified immunity because they “performed discretionary functions” (MotDismiss, p. 4). … With respect to Defendants’ second argument, they cannot find refuge in qualified immunity.

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.

Thomas v. Dart

District Court, N.D. Illinois · Feb 18, 2025

The Court agrees that Defendants are entitled to qualified immunity. … A court’s analysis of qualified immunity depends on “two central questions: whether the officers violated [the plaintiff]’s constitutional rights and whether the rights they allegedly violated were clearly established

LaPorta v. City of Chicago

277 F. Supp. 3d 969 · District Court, N.D. Illinois · Sep 29, 2017

Third, whatever it demonstrates about the City’s knowledge of Kelly’s penchant for on-duty misconduct and off-duty drunken violence, the record does not clearly establish that the City was deliberately indifferent to the … And if Kelly did pull the trigger, then he could have no recourse to the kind of good faith or qualified immunity defenses that would otherwise suspend Heller’s operation.

Chicago Bridge & Iron Co. v. Islamic Republic of Iran

506 F. Supp. 981 · District Court, N.D. Illinois · Nov 12, 1980

Because the Treaty of Amity does not cover personal jurisdiction, the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605 (a)(2), must control for purposes of establishing jurisdiction. H.R.Rep. … Notwithstanding plaintiff’s arguments to the contrary, the Act has clearly rejected the “doing business” or “mere presence in the forum” concept for the exercise of jurisdiction. Verlinden B. V. v.

Czajkowski v. City of Chicago, Ill.

810 F. Supp. 1428 · District Court, N.D. Illinois · Jan 15, 1993

Also, these defendants are not entitled to qualified immunity. … They label their argument as one involving qualified immunity. Nothing is presented to change the previous conclusion that the law supporting the claims against Martin and Fogel was clearly established as of June 1988.

Gage v. Commonwealth Edison Company

356 F. Supp. 80 · District Court, N.D. Illinois · Nov 27, 1972

. § 4332 ) clearly enumerates specific duties of all federal agencies. Thus, since this is an action to compel the performance of an alleged duty under that section, it is not barred by sovereign immunity. … The Court is of the opinion that the AEC’s alleged failure to act can constitute “final agency action” only if it can be established that the AEC has a clear legal duty under NEPA so to act.

Dawson v. New York Life Insurance

901 F. Supp. 1362 · District Court, N.D. Illinois · Sep 29, 1995

Qualified privilege is an affirmative defense to a defamation claim. … LEXIS 12539, No. 91 C 4380 at *15 (August 19, 1992) (“As with attorney-client privilege, the party asserting work product immunity has the burden of establishing eligibility for protection.”). I.

Romero v. The Village of Alsip

District Court, N.D. Illinois · May 10, 2024

Defendants are entitled to Qualified Immunity for Plaintiff’s Federal Claims Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … To defeat a qualified immunity defense, the burden is on the Plaintiff to demonstrate that the alleged violation of his rights was “clearly established.” Kemp, 877 F.3d at 351.

Ruff v. Han

District Court, N.D. Illinois · Sep 30, 2024

“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 person would have … established Fourth Amendment rights such that they would not be protected by qualified immunity.

Kielczynski v. Village of LaGrange, Ill.

122 F. Supp. 2d 932 · District Court, N.D. Illinois · Nov 15, 2000

With respect to the law, under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or … The qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context

Gonzalez v. Marquez

District Court, N.D. Illinois · Sep 12, 2025

Government officials like the Cook County correctional officers here are protected by qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … qualified immunity.

Egan v. City of Aurora

174 F. Supp. 794 · District Court, N.D. Illinois · Jun 10, 1959

This is the area of common law immunity. In Tenney v. … Municipal council members and similar subordinate legislative bodies have been accorded qualified immunities. Nelson v. Knox, supra; Cobb v. City of Malden, 1 Cir., 202 F.2d 701 .

Contreras v. City of Chicago

920 F. Supp. 1370 · District Court, N.D. Illinois · Mar 29, 1996

(ii) Qualified Immunity & Absolute Legislative Immunity It is equally clear that defendants Schulter and Shoenberger are not entitled to qualified immunity or absolute legislative immunity with respect to the allegations … “Government officials sued in their individual capacities are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of *1398 which a reasonable person

Etherington v. Bankers Life & Casualty Co.

747 F. Supp. 1269 · District Court, N.D. Illinois · Aug 27, 1990

Each such booklet’s “Special Information” section provides that a qualified retiree may continue his or her insurance, 9 and *1275 those same sections clearly state (emphasis added): YOUR INSURANCE TERMINATES on the Monday … Nothing in the documents establishes retirement as a vesting point.

Jackson v. Ogilvie

325 F. Supp. 864 · District Court, N.D. Illinois · Jun 21, 1971

Kusper, 435 F.2d 1046 (7th Cir. 1970), the court noted: “A state clearly has a substantial interest in administering its own local elections. … The Illinois Election Code establishes a two step qualification for a candidate of a political party.

Serpas v. Schmidt

621 F. Supp. 734 · District Court, N.D. Illinois · Jul 11, 1985

To establish this qualified immunity as an affirmative defense, the defendants must demonstrate that the searches of the named plaintiffs were authorized when they were made. … The standard requires the defendants to establish that their c'onduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Swanigan v. Trotter

645 F. Supp. 2d 656 · District Court, N.D. Illinois · Aug 4, 2009

violated clearly established rights of which a reasonable person would have known. … As previously set forth, qualified immunity operates to shield officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional