Case law

Parks v. Pavkovic

536 F. Supp. 296 · District Court, N.D. Illinois · Mar 19, 1982

It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. … Section 504 prohibits discrimination against otherwise qualified handicapped individuals.

King v. Dart

District Court, N.D. Illinois · Mar 5, 2025

“Qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The qualified immunity analysis at summary judgment is a two- step inquiry – whether defendant: (1) violated a constitutional right that was (2) clearly established at the time. Thompson v.

Romero v. The Village of Alsip

District Court, N.D. Illinois · Mar 21, 2025

have believed that the actions taken were objectively reasonable and were within constitutional limits that were clearly established at the time. … Defendants assert qualified immunity as a defense to both claims.

Blacher v. Village of Dolton

District Court, N.D. Illinois · Apr 12, 2019

Qualified immunity The trustee defendants also argue that they are entitled to dismissal based on the doctrine of qualified immunity. … To assess a claim of qualified immunity, the Court determines, first, whether the plaintiff has alleged the deprivation of an actual constitutional right, and second, whether the right was clearly established at the time

Harris Custom Builders, Inc. v. Hoffmeyer

834 F. Supp. 256 · District Court, N.D. Illinois · Sep 8, 1993

Courts have elaborated on what must be pleaded and proved in order to establish the existence of a RICO pattern. … In Professional Real Estate Investors, — U.S. at -, 113 S.Ct. at 1928 , the Court stated that, in order to qualify as a sham, a lawsuit must be “objectively baseless in the sense that no reasonable litigant could realistically

Neita v. City of Chicago

District Court, N.D. Illinois · Mar 28, 2023

He fails to cite any analogous case that would show that the officers violated his clearly established rights. … And for qualified immunity, the relevant inquiry is whether the officers violated a “right [that] was ‘clearly established’ at the time of the challenged conduct.” Al-Kidd, 563 U.S. at 735 (citation omitted).

Logan v. City Of Evanston

District Court, N.D. Illinois · Jun 28, 2022

Cook's argument for qualified immunity also falters on the clearly established prong. … Qualified immunity "does not require a case directly on point for a right to be clearly established, [but] existing precedent must have placed the statutory or constitutional question beyond debate." Id.

Barrow v. Blouin

38 F. Supp. 3d 916 · District Court, N.D. Illinois · May 7, 2014

The complaint clearly alleges that Hoffmeyer was the police spokesperson for the Sheriffs Office and communicated information about a police activity—the arrest of Michael—to the press. … Because these allegations against Hoffmeyer establish that she is absolutely immune under Illinois law, neither of the state law claims against her is cognizable.

Ford v. Lane

714 F. Supp. 310 · District Court, N.D. Illinois · Jan 27, 1989

Nonetheless, even if the eleventh amendment immunity "partakes of the nature of a jurisdictional bar," it is not the same as a lack of subject matter jurisdiction: a state may waive its eleventh amendment immunity, but parties … Given our resolution of the case, it is unnecessary to consider the qualified immunity issues raised by the defendants.

Youngblood

District Court, N.D. Illinois · Jun 10, 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.” White v. … At the motion to dismiss stage, to overcome an assertion of qualified immunity, Youngblood must have alleged a violation of a statutory or constitutional right that was clearly established at the time of the violation so

Kelly v. Village of Lemont

District Court, N.D. Illinois · Nov 23, 2021

right was clearly established at [that] time.” … In making a qualified immunity determination, courts cannot define “clearly established” at a high level of generality, therefore, relying on Graham alone does not create clearly established law.

Chicago Lawyers' Committee for Civil Rights Under the Law, Inc. v. Craigslist, Inc.

461 F. Supp. 2d 681 · District Court, N.D. Illinois · Nov 14, 2006

PRODIGY is clearly making decisions as to content ... and such decisions constitute editorial control”). … Keynetics, Inc., 422 F.Supp.2d 523, 536-37 (D.Md.2006) (CDA preempted the Maryland Commerical Electronic Mail Act and noting that "[c]ase law clearly establishes that CDA immunity applies even where an ISP knew of its customers

Rasche v. Lane

150 F. Supp. 3d 934 · District Court, N.D. Illinois · Dec 8, 2015

Thus, the Department is entitled to Eleventh' Amendment immunity. … The Seventh Circuit held that such 'action was improper, because the relief ordered was clearly barred by the Eleventh Amendment. Id.

Robinette v. Chicago Land Clearance Commission

115 F. Supp. 669 · District Court, N.D. Illinois · Jun 26, 1951

Undeniably, it has been clearly established that, where a state law is enacted for a public purpose, complaining parties will not be heard in a court of law where they seek to invoke the protections of the Fourteenth Amendment … immunities clause of the Fourteenth Amendment, plaintiffs must be able to point to the provision of the Federal Constitution or statutes by which the privileges or immunities are conferred.

Tequila Smith and Coretta Van Dyke v. Precious Dunn and City of Chicago

District Court, N.D. Illinois · Jun 3, 2026

The Seventh Circuit declined to grant summary judgment based on qualified immunity. Id. at 235. … Dunn is entitled to qualified immunity. c.

Zych v. Unidentified, Wrecked & Abandoned Vessel, Believed to Be the SB "Lady Elgin"

746 F. Supp. 1334 · District Court, N.D. Illinois · Sep 13, 1990

Florida opposed the motion on the ground of sovereign immunity. … within them or including a thing falling clearly without.

United States Ex Rel. Chandler v. Hektoen Institute for Medical Research

35 F. Supp. 2d 1078 · District Court, N.D. Illinois · Feb 9, 1999

Defendant Hektoen moves to dismiss Counts I and III, arguing that: (1) the FCA’s qui tarn provisions are unconstitutional; and (2) plaintiff does not allege that Hektoen’s actions violated clearly established Illinois public … Finally, the Court grants Hektoen’s and the County Defendants’ motions to dismiss Count III because plaintiff does not allege that her discharge violated clearly established Illinois public policy.

Archie v. City Of Chicago

District Court, N.D. Illinois · May 12, 2023

Citing the “record here and well-established case law,” the magistrate judge allowed plaintiffs to proceed with discovery related to punitive damages, although the court has not yet evaluated defendants’ qualified immunity … According to defendants, “a core purpose of the qualified immunity doctrine is furthered by limiting discovery pending adjudication of a qualified immunity defense,” such as limiting or delaying discovery into personal

Henslee Ex Rel. Johnson v. Provena Hospitals

373 F. Supp. 2d 802 · District Court, N.D. Illinois · Jun 14, 2005

Drubka was clearly compensated for his services that day at the Care Center, the hospital never billed Johnson for Dr. Drubka’s services. Under Heanue , it would be inconsequential whether Dr. … However, this conclusion seems to contradict the Act’s clearly stated purpose: to establish “numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others

Association of American Physicians & Surgeons v. Weinberger

395 F. Supp. 125 · District Court, N.D. Illinois · May 8, 1975

The statutory regulation under attack in Rasulis established professional standards which physical therapists must meet in order to qualify for reimbursement under the Medicare Program. 20 C.F.R. Sec. 405.-1101(q). … Plaintiffs contend that Congress lacks author *139 ity to grant legal immunity against common law tort liability; and if the immunity provisions of the challenged legislation are enforceable, the legislation imposes duties