Case law

Glade ex rel. Lundskow v. United States

831 F. Supp. 2d 1055 · District Court, N.D. Illinois · Dec 23, 2011

In passing the FTCA, Congress waived the U.S. government’s sovereign immunity to suit for a broad range of the tortious conduct of its employees. … This claim is clearly barred— “there is no respondeat superior liability under the FTCA for garden-variety intentional torts.” LM v. United States, 344 F.3d 695, 700 (7th Cir.2003).

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.

Frederickson v. County of Will

District Court, N.D. Illinois · Mar 7, 2018

In other words, “[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 … by personal animus” is clearly established.

Douglas v. Village of Palatine

District Court, N.D. Illinois · Mar 26, 2020

Plaintiff argues that the officers are not entitled to qualified immunity because he had a clearly established right to be free from unreasonable searches and seizures. … For purposes of the qualified-immunity inquiry, a defendant has not violated a clearly established right unless “the contours of the right [were] sufficiently clear that a reasonable official would understand that what

York v. Sarabia

District Court, N.D. Illinois · Sep 3, 2025

“[T]he doctrine of qualified immunity ‘shields officers 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 … It is the plaintiff’s burden to overcome the invocation of qualified immunity; to do so, he must show that (1) “the official violated a statutory or constitutional right” and (2) “that the right was ‘clearly established

Perham v. Ladd

436 F. Supp. 1101 · District Court, N.D. Illinois · Jul 28, 1977

The plaintiff may clearly rely on statistical proof in order to establish a prima facie case of employment discrimination. Hazelwood School District v. … He was clearly beyond the seven-year limitation period.

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.

Tomei v. Finley

518 F. Supp. 241 · District Court, N.D. Illinois · Jun 30, 1981

Both the First Amendment freedom of political association and the voting franchise must be viewed as among the most valuable “privileges and immunities” in our democratic system. And the Griffin v. … Brock, 473 F.2d 608, 610 (6th Cir. 1973) might well have been written for this case: We hold that § 1985(3)’s protection reaches clearly defined classes, such as supporters of a political candidate.

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.

Sprague v. Brook

149 F.R.D. 575 · District Court, N.D. Illinois · Feb 4, 1993

On February 14, 1991, the OPM published interim regulations that established a conversion schedule for moving incumbent ALJs into newly established compensation levels. 5 C.R.R. § 930.210(j), (k). … Illinois Dep’t of Children & Family Servs., 892 F.2d 670 , 674 (7th Cir.1990) (proper to enter order staying discovery pending resolution of qualified immunity claims); Patterson v.

Jumper v. Yellow Corp.

176 F.R.D. 282 · District Court, N.D. Illinois · Oct 24, 1997

Even if litigation is imminent, there is no work product immunity for documents prepared in the ordinary course of business rather than for litigation purposes. See Binks Mfg. Co. v. … adversarial process, the issue then becomes whether Defendants may apply the work product protection granted to the documents prepared in anticipation of the grievance proceeding to this federal lawsuit — a different, though clearly

Davit v. Davit

366 F. Supp. 2d 641 · District Court, N.D. Illinois · Nov 22, 2004

Davit, therefore, cannot rely on Section 1503 to establish an underlying predicate act for his RICO claims. Pettiford, 2004 WL 626151 , at *11; Albarran v. … The Defendant-Judges are clearly and con-cededly members of the Circuit Court of DuPage County, Illinois. {See, e.g., D.E. 1, Ex.

Tate v. City of Chicago

District Court, N.D. Illinois · Nov 16, 2020

security sweep, so they are entitled to qualified immunity. … Qualified immunity is not appropriate for the same reason.

Connelly v. Cook County, an Illinois Municipal Corporation

District Court, N.D. Illinois · Mar 22, 2021

To defeat the defense of qualified immunity, (1) the plaintiff must set forth facts that, when viewed in her favor, constitute a constitutional violation, and (2) the right was “clearly established” at the time of the alleged … As to the second element of qualified immunity, it has been clearly established for decades that “dismissal of a public employee on the basis of political affiliation violates the employee’s First Amendment rights.”

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.

McNease v. Laldee

District Court, N.D. Illinois · Mar 18, 2021

Qualified Immunity Qualified immunity “protects government officials from damages liability insofar as their conduct does not violate clearly established statutory … The Court’s next inquiry is whether this was a clearly established constitutional right of which a reasonable officer would have known.

Botello v. Sergeant Lill

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

“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 … At most, Sergeant Lill was mistaken in his beliefs, which, nonetheless, affords him qualified immunity. Fleming v.

Abbott Laboratories v. Alpha Therapeutic Corp.

200 F.R.D. 401 · District Court, N.D. Illinois · Mar 12, 2001

Abbott further points to a Northern District of Illinois case that clearly states the position of Illinois courts on choice of law with regard to privilege. … Moulinage et Retorderie de Chavanoz, 509 F.2d 730, 735 (4th Cir.1974)(holding opinion work product to be absolutely immune from discovery).

Young v. County of Cook

616 F. Supp. 2d 834 · District Court, N.D. Illinois · Apr 2, 2009

Qualified immunity The Sheriff Defendants filed a second summary judgment motion contending they are entitled to qualified immunity. … “[I]t is well established that the qualified immunity doctrine does not apply to official capacity claims.” Sanville v. McCaughtry, 266 F.3d 724 , 732 (7th Cir.2001) (quotation omitted).

Cooley v. Bd. of Educ. of the City of Chicago

761 F. Supp. 2d 808 · District Court, N.D. Illinois · Jan 25, 2011

Summary Judgment Standard Every Rule 56 movant bears the burden of establishing 2 the absence of any genuine issue of material fact (Celotex Corp. v. … and (2) that Azcoitia is immune from liability in any event (D.