Case law

Irshad Learning Center v. County of DuPage

804 F. Supp. 2d 697 · District Court, N.D. Illinois · Mar 28, 2011

Immunity Defendants argue that the individual Defendants are shielded by quasi-judicial immunity, (Def.’s Br. at 5), or, alternatively, legislative immunity. (Id. at 8.) … Whether or not these institutions qualify as “similarly situated” to Plaintiff need not be determined at this stage.

Huey v. Barloga

277 F. Supp. 864 · District Court, N.D. Illinois · Dec 27, 1967

The Congressional debates over the bill clearly disclose that Congress was concerned with the inaction of state and local governments and that Congress sought to enact a bill of broad scope to cope, among others, with the … Immunity The defendants also raise the question of their immunity from tort liability under the Civil Rights Act.

Summers v. Allis Chalmers

568 F. Supp. 33 · District Court, N.D. Illinois · Mar 25, 1983

It is well established that “the desire to hire the more experienced or better qualified applicant is a non-discriminatory, legitimate, and common reason on which to base a hiring decision.” Holder v. … Defendant has established by uncontested facts the nondiscriminatory, legitimate reason for hiring Bacharach, that he was more experienced and better qualified.

Robledo v. City of Chicago

444 F. Supp. 2d 895 · District Court, N.D. Illinois · Aug 9, 2006

Defendants next argue that the claims against Reyna-Hickey in her indi *906 vidual capacity should be dismissed because she is entitled to qualified immunity. … “[A] complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.” Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir.2001).

Quick v. Illinois Department of Financial and Professional Regulation

District Court, N.D. Illinois · Jun 23, 2020

Qualified immunity protects officials from civil liability stemming from discretionary functions, but only if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To survive a motion to dismiss in the face of a qualified immunity defense, the Complaint must plausibly allege that Bender violated Plaintiffs clearly established rights by denying them a license.

Oats, Sr. v. McHenry County Animal Control And Its Officers And Administration

District Court, N.D. Illinois · Dec 19, 2023

To escape suit, Enos raises the defense of qualified immunity. Defs.’ Memo. at 2, at Dkt. 43. … need not plead to state a claim,” it may be appropriate if the complaint manifestly fails to allege a violation of clearly established law.

Evans v. Allen

981 F. Supp. 1102 · District Court, N.D. Illinois · Oct 24, 1997

Qualified Immunity Defendants also argue that the complaint should be dismissed because they are entitled to qualified immunity. … In re Establishment Inspection of Caterpillar Inc., 55 F.3d 334, 336 (7th Cir.1995).

Hill v. City of Harvey

District Court, N.D. Illinois · Sep 29, 2020

“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 … This right has been clearly established since 1978. Lewis v. City of Chicago, 914 F.3d 472, 477 (7th Cir. 2019) (‘It has been clear since at least Franks v.

Grove School v. Guardianship & Advocacy Commission

596 F. Supp. 1361 · District Court, N.D. Illinois · Oct 24, 1984

Grove has not met the burden of pleading established by Margóles. … override sovereign immunity.

United States v. Brighton Building & Maintenance Co.

435 F. Supp. 222 · District Court, N.D. Illinois · Jul 28, 1977

Clearly, if these allegations are proved, the Government will have established a sufficient affect on commerce to support a section 1 conviction. 4 United States v. Finis P. … Moreover, nothing in the Constitution would require such a “derivative” immunity concept since the grant of immunity required to be given an individual to acquire his testimony is merely that amount of “use” immunity which

Ramos v. Rodriguez

District Court, N.D. Illinois · Jan 31, 2022

Qualified Immunity Lastly, the Defendants argue that even if they used excessive force, they are entitled to qualified immunity because Ramos’s right was not clearly … Qualified immunity shields 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.

Holmes v. Dabrowski

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

The Defendants are entitled to qualified immunity Even assuming, arguendo, that Holmes’s claim is not time-barred, the Defendants are entitled to qualified immunity as to that claim. … Standard Qualified immunity protects government officials from liability for civil damages so long as their actions do not violate “clearly established statutory

Wagner v. Burlington Northern, Inc.

411 F. Supp. 537 · District Court, N.D. Illinois · Apr 14, 1976

fitness and ability to become qualified. … (e) The New Company may, in writing, request a Utility Employe to take an available regular or relief position for which he is qualified or has the fitness and ability to become qualified, in his seniority district which

Davis v. Peters

566 F. Supp. 2d 790 · District Court, N.D. Illinois · Jun 27, 2008

Qualified Immunity Budz argues that if he is entitled to qualified immunity. (Defs.’ Post-Trial Br. at 7.) … Officials will not be entitled to qualified immunity if they knew, or should have known, that their actions would violate the plaintiffs constitutional rights. Id.

Doe v. DeKalb Community Unit District 428

District Court, N.D. Illinois · Nov 13, 2024

Qualified immunity shields state officials from liability “unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right and (2) that the right was clearly established … , Doe bore the burden of plausibly suggesting that she’d endured a clearly established violation.

Ajster v. Towne

District Court, N.D. Illinois · Aug 13, 2018

Defendants Bernabei and Hocking Are Entitled to Qualified Immunity Based on the facts presented in the pleadings, Detective Sergeant Hocking and Chief Bernabei are entitled to qualified immunity. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

DeGenova v. Sheriff of DuPage County

18 F. Supp. 2d 848 · District Court, N.D. Illinois · May 6, 1998

Supreme Court quite importantly, the Illinois Supreme Court clearly regards sheriffs as officers of the county. In Moy v. … In our case, an analysis of the constitutional text clearly indicates a strong connection between the sheriff and the county.

McCray v. Sage

District Court, N.D. Illinois · Sep 26, 2022

of force; Defendants also argue that they are entitled to qualified immunity. … that was clearly established at the time of the challenged conduct.”

Monon Corp. v. Stoughton Trailers, Inc.

169 F.R.D. 99 · District Court, N.D. Illinois · Sep 19, 1996

Stoughton asserts that the information sought is discoverable due to the crime-fraud exception to the attorney-client privilege and work product immunities or, in the alternative, due to necessity pursuant to Fed.R.Civ.P. … The Seventh Circuit recognizes the qualified nature of the work product immunity. Loctite Corp. v. Fel-Pro, Inc., 667 F.2d 577, 582 (7th Cir.1981).

Ballard v. Yuhas

District Court, N.D. Illinois · Sep 6, 2023

“To defeat a defense of qualified immunity, the plaintiff must show two elements: first, that the facts show a violation of a constitutional right, and second, that the constitutional right was clearly established at the … This defines Ballard’s rights far too broadly to defeat qualified immunity.