Case law

Horgan v. Simmons

704 F. Supp. 2d 814 · District Court, N.D. Illinois · Apr 12, 2010

Therefore, Simmons’ questioning fails to establish a sufficient “prying” into a zone of solitude necessary to establish a claim under the tort. Accordingly, Defendants’ motion to dismiss on this basis is granted. … Deer Mountain Day Camp, 682 F.Supp.2d 324, 341 (S.D.N.Y.2010) (“HIV infection qualifies as a disability under the ADA”). 4 .

Brown v. Morsi

District Court, N.D. Illinois · Jul 18, 2018

This Court has now twice found that “the violative nature” of Morsi’s “particular conduct” was not “clearly established” in 2013, and thus Morsi merits qualified immunity. Mullenix v. Luna, 136 S. … Taken literally, that statement would clearly run afoul of Mullenix, Kisela, and other Supreme Court precedent directing courts to assess qualified immunity— particularly in the Fourth Amendment context—in light

McDuffie v. Sgt. Loney

District Court, N.D. Illinois · Dec 17, 2018

“The doctrine of qualified immunity shields public officials from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The Seventh Circuit held that the plaintiff had not identified precedent establishing that the police officer’s conduct violated “clearly established” constitutional rights, and so he was entitled to qualified immunity.

Hartman v. Lisle Park District

158 F. Supp. 2d 869 · District Court, N.D. Illinois · Aug 16, 2001

An FTC staff member replied that the answer was yes, so long as the outside organization otherwise qualified as a credit reporting agency and the report qualified as an investigative consumer report. Letter of C. … State law claims against Illinois public officials and entities are subject to the provisions of the Illinois Tort Immunity Act.

Hampton v. City of Chicago, Cook County, Illinois

339 F. Supp. 695 · District Court, N.D. Illinois · Feb 3, 1972

It is now well established that an action for damages will not lie against a municipal corporation on these jurisdictional allegations. Monroe v. … This reasoning is nearly as well established in Anglo-American law as judicial immunity itself . . .”

Phillips v. City Of Chicago

District Court, N.D. Illinois · Apr 26, 2021

qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not state a claim of violation of clearly established law. … Qualified Immunity “Qualified immunity shields a government official from liability for civil damages unless his or her conduct violates a clearly established principle or

Munoz v. Bradbury

District Court, N.D. Illinois · Jan 12, 2024

Under the doctrine of qualified immunity, when an official’s conduct does not violate clearly established rights of which a reasonable person would have been aware, that official is immune from suit. Pearson v. … A court may conclude that qualified immunity applies without reaching the underlying question of whether a right was violated if that right was not clearly established at the time of its alleged violation. Id. at 242.

Sato v. Plunkett

154 F.R.D. 189 · District Court, N.D. Illinois · Mar 15, 1994

himself voided the defense of judicial immunity”. … Because Fed.R.Civ.P. 8 establishes a system of notice pleading, I cannot (yet) exclude the possibility that plaintiffs can establish a claim.

Black v. McGuffage

209 F. Supp. 2d 889 · District Court, N.D. Illinois · Mar 29, 2002

Clearly the Court was not practicing a deferential analysis. Likewise, in Moore v. … We find that the County Clerk’s are not immunized by the Eleventh Amendment.

Chapman v. US MARSHAL FOR NORTHERN DIST. OF ILL.

584 F. Supp. 2d 1083 · District Court, N.D. Illinois · Nov 3, 2008

immunity, and the statute of limitations. … immunity, and the statute of limitations. [5] (R. 44, Mot. to Dismiss.)

Stewart

District Court, N.D. Illinois · Apr 1, 2026

What he’s otherwise alleged, and what the footage clearly establishes, is a mere general risk of violence. … The two-step qualified immunity inquiry asks “(1) whether the facts alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly established at the time

Sharp v. Community High School District 155

District Court, N.D. Illinois · Mar 30, 2023

To overcome an assertion of qualified immunity, Mrs. Sharp must point to closely analogous cases that establish Officer Zenaty actions violated clearly established law. Mrs. Sharp relies on Terry v. … Officer Zenaty asserts qualified immunity, arguing that it is was not clearly established that questioning Mrs.

Brinson v. Syas

735 F. Supp. 2d 844 · District Court, N.D. Illinois · Aug 4, 2010

The Supreme Court has established a two-part test for qualified immunity: “(1) whether the facts, taken in the light most favorable to the plaintiff, show that the defendant violated a constitutional right; and (2) whether … that constitutional right was clearly established at the time of the alleged violation.”

Vasallo

District Court, N.D. Illinois · Jan 6, 2026

Qualified Immunity Next, Defendant argues that he is entitled to qualified immunity because the undisputed facts do not demonstrate the violation of any clearly established … Because Plaintiff has not identified a violation of a clearly established right, Defendant is entitled to qualified immunity.

Manning v. Sweitzer

891 F. Supp. 2d 961 · District Court, N.D. Illinois · Jul 2, 2012

Given this uncertain state of the law, the Seventh Circuit found that the arrestee could not show that his clearly established constitutional rights had been violated, so the defendant officers were entitled to qualified … immunity.

Stephenson v. City of Chicago

District Court, N.D. Illinois · Jul 1, 2024

“‘Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time … law,” and when an officer has arguable probable cause, then he does not violate clearly established law.

Vernon v. McGlone

District Court, N.D. Illinois · Apr 24, 2023

Defendants argue that they are "entitled to qualified immunity because there was no clearly established law that pretrial credits should be applied to defendants' consecutive sentences with the risk that double-credits … Thus, the availability of the qualified immunity defense turns on whether the relevant constitutional standard was "clearly established at the time of the alleged violation," from January 2009 through February 2022.

McLean v. Rochford

404 F. Supp. 191 · District Court, N.D. Illinois · Sep 17, 1975

The questions were narrowly and specifically drawn, related to his duties 4 as a police officer and were clearly relevant to the subject matter of the investigation. … He may have meant that the State’s Attorney’s Office .was prepared to seek judicial immunity for plaintiff pursuant to Ill.Rev.Stat., ch. 38, art. 106 (1973), or he may have meant that the immunity would arise by operation

Novak v. Hall

139 F. Supp. 3d 901 · District Court, N.D. Illinois · Sep 30, 2015

unedited transcripts, are protected by absolute judicial immunity. … or sovereign immunity).” 4 DeVito, 83 F.3d at 881 .

United States v. American Natural Gas Company

206 F. Supp. 908 · District Court, N.D. Illinois · Jul 24, 1962

The effect of this decision, however, is not so clearly dispositive of the instant motion as is the decision in Wise conclusive of the first motion. … However, it cannot be said at this juncture of the case that the government will be unable to adduce proof to substantiate the charges of the indictment or that the defendants will be able to establish that all of the acts