Case law

Dominic White v. Village of Arlington Heights

District Court, N.D. Illinois · Feb 16, 2021

“To overcome [Milutinovic’s] invocation of qualified immunity, [White] must show both (1) that the facts make out a constitutional violation, and (2) that the constitutional right was ‘clearly established’ at the time … arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.’”

Hodo v. City Of Chicago

District Court, N.D. Illinois · Mar 23, 2022

Qualified Immunity Finally, Defendants invoke qualified immunity, which “shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory … Once a government officer invokes qualified immunity, the plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Johnson v. City of Evanston

District Court, N.D. Illinois · Oct 12, 2020

.2 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 … In assessing a defense of qualified immunity, the Court considers "(1) whether the plaintiff's allegations make out a deprivation of a constitutional right, and (2) whether the right at issue was clearly established at

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

Louden Jr v. Carter

District Court, N.D. Illinois · Dec 13, 2021

Qualified immunity protects government officials from civil liability under section 1983 if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Once a defendant raises a qualified immunity defense, the burden shifts to the plaintiff to show: (1) a constitutional violation; and (2) that the constitutional right was clearly established when the alleged violation

Gysan v. Francisko

District Court, N.D. Illinois · Feb 14, 2019

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Plaintiff’s response to the qualified immunity question is three sentences long and paints the constitutional issue at a very high level of generality by noting “[t]here are few constitutional rights more clearly established

Safari Childcare Inc v. Penny

District Court, N.D. Illinois · Aug 2, 2019

“The doctrine of 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 known. … A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at

Marks v. Turnage

680 F. Supp. 1241 · District Court, N.D. Illinois · Feb 26, 1988

After three candidates turned down the position a fourth was selected, leaving plaintiff as the only employee who was qualified and certified (cplt. If 12). … Jurisdictional Analysis We begin with the well-established principle that § 2401(a) is not an ordinary statute of limitations but is a condition on the government’s waiver of sovereign immunity and must be narrowly construed

Perez v. Ashcroft

236 F. Supp. 2d 899 · District Court, N.D. Illinois · Aug 7, 2002

On April 5, 2000 INS denied the visa petition on the grounds that the position of “music director” did not clearly qualify as a religious occupation (I.St.¶ 15). … ) violates the Establishment Clause of the First Amendment.

McGuire v. Sturch

District Court, N.D. Illinois · Mar 31, 2019

for qualified immunity because the rights Plaintiff seeks to vindicate werenot clearly established at the time of his injury. … indifference, Plaintiff’s claim still founders upon the rocky shoals of qualified immunity given that the right at issue was not clearly established.

Logan v. City Of Evanston

District Court, N.D. Illinois · Oct 12, 2020

.2 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 … In assessing a defense of qualified immunity, the Court considers "(1) whether the plaintiff's allegations make out a deprivation of a constitutional right, and (2) whether the right at issue was clearly established at

Richardson v. Johnson

District Court, N.D. Illinois · Jun 15, 2020

A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Dockery v. … was clearly established at the time of the defendant’s alleged misconduct.

Williams v. Aines

District Court, N.D. Illinois · Sep 25, 2024

is a clearly established right, meaning that the Defendants are not shielded by qual- ified immunity. Pl.’s Resp. at 10 (citing Monfils, 165 F.3d 511; Jackson, 653 F.3d 647). … But that is too high of a level of generality at which to assess qualified immunity: Williams must either cite a “clearly analogous case establishing the right to be free from the conduct at issue,” or show that even without

Baravati v. Josephthal Lyon & Ross Inc.

834 F. Supp. 1023 · District Court, N.D. Illinois · Oct 4, 1993

The Federal Arbitration Act establishes a federal policy favoring arbitration. Moses H. Cone Memorial Hosp. v. Mercury Constr. … On the other hand, qualified privilege provides no such immunity for statements made with malice. Id. at 27, 490 N.E.2d at 1063 .

Johnson v. Meade

District Court, N.D. Illinois · Feb 20, 2025

The doctrine of 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 … Claims Against Oliveto Johnson attempts to defeat Oliveto’s qualified immunity defense by arguing that he violated constitutional rights clearly established by analogous caselaw.

Johnson v. Brelje

482 F. Supp. 125 · District Court, N.D. Illinois · Nov 8, 1979

Accordingly, the plaintiff’s allegations state an equal protection claim. 12 Immunity The defendants argue that this action is precluded by principles of sovereign and common law immunity. … The defendants have failed to establish these necessary elements.

Kolpak v. Bell

619 F. Supp. 359 · District Court, N.D. Illinois · Aug 14, 1985

Defendants argue that they are immune from suit under the eleventh amendment. … In addition, defendants do not expressly raise or argue in this motion the availability of the affirmative defense of qualified immunity, which is available to them as state executive officials. Scheuer v.

Moats v. Village of Schaumburg

562 F. Supp. 624 · District Court, N.D. Illinois · Mar 14, 1983

Thus, the qualified immunity from section 1983 liability is tested by objective and subjective means and is a less exacting standard than is required to prosecute a criminal or to sustain his arrest. … The Supreme Court has ruled that in the proper case summary judgment is appropriate for a police officer who is charged under section 1983, although subjective good faith is at the heart of the qualified immunity defense.

United States v. Coleman Capital Corporation

295 F. Supp. 1016 · District Court, N.D. Illinois · Jan 21, 1969

Therefore, the defendant clearly violated the Act and the regulations with respect to these three transactions. … It has been well established that S.B.A. regulations have the force and effect of law. Hernstadt v. Programs for Television, Inc., 36 Misc.2d 628 , 232 N.Y.S.2d 683 (1962).

Johnson v. Edward

District Court, N.D. Illinois · Mar 14, 2024

Prevailing on these claims requires Johnson to overcome qualified immunity, which shields government officials from liability for damages in their personal capacity unless they violate clearly established law. … The undisputed facts establish that Defendants had at least arguable probable cause, so they are entitled to qualified immunity.