Case law

Gay v. Chandra

652 F. Supp. 2d 959 · District Court, S.D. Illinois · Aug 28, 2009

Qualifíed Immunity The Court next addresses Dr. Chandra’s argument that he is entitled to qualified immunity. “In determining whether qualified immunity applies, the Court engages in a two-step inquiry. … Chandra is not entitled to qualified immunity. 4. Available Damages Dr.

United States v. Carroll

320 F. Supp. 2d 748 · District Court, S.D. Illinois · May 27, 2004

do not qualify for deference under Chevron since, at best, they equate to an opinion letter. … While there are multiple characteristics a transaction must have to qualify for this safe harbor provision, only two need be discussed here.

Lewis v. Shehorn

District Court, S.D. Illinois · Jul 26, 2021

Shehorn also argues that he is entitled to qualified immunity. … Qualified immunity shields “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

Morecraft v. Baldwin

District Court, S.D. Illinois · Jul 6, 2020

Qualified Immunity Generally, government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity … Accordingly, Defendants are entitled to qualified immunity on Count One.

Pharmacia Corp. v. Clayton Chemical Acquisition LLC

382 F. Supp. 2d 1079 · District Court, S.D. Illinois · Mar 8, 2005

This Court finds that the natural meaning of “civil action” is clearly a non-criminal judicial proceeding. … order does not qualify as a civil action.

Lyberger v. Snider

District Court, S.D. Illinois · May 14, 2021

Qualified Immunity Officers are also afforded the extra layer of protection of qualified immunity. Thayer v. Chiczerski, 705 F.3d 237, 247 (7th Cir. 2012). … Qualified immunity is immunity from suit rather than a mere defense to liability. Pearson, 555 U.S. at 237.

Kuna v. Illinois State Board of Elections

821 F. Supp. 2d 1060 · District Court, S.D. Illinois · Sep 26, 2011

The Court finds that the State Defendants have not, under the circumstances here alleged, waived their immunity. The remaining issue, then, is whether Congress has abrogated the State’s immunity. … This claim, is clearly moot and is, therefore, DISMISSED. 4 .

Lyberger v. Snider

District Court, S.D. Illinois · May 14, 2021

Qualified Immunity Officers are also afforded the extra layer of protection of qualified immunity. Thayer v. Chiczerski, 705 F.3d 237, 247 (7th Cir. 2012). … Qualified immunity is immunity from suit rather than a mere defense to liability. Pearson, 555 U.S. at 237.

Jackson v. Heck

District Court, S.D. Illinois · Sep 28, 2023

Finally, Defendants argue that they are entitled to qualified immunity. … 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

Osborne v. Meyers

District Court, S.D. Illinois · Dec 6, 2021

Even if the Court had concluded that probable cause did not exist, qualified immunity applies. … Qualified immunity shields “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

Garcia v. Baldwin

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

Qualified Immunity Defendants argue that they are entitled to qualified immunity on Plaintiff’s claims. … Defendant Molenhour argues that he is entitled to qualified immunity.

Amaya v. Butler

District Court, S.D. Illinois · Jun 17, 2021

immunity so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The Court finds Burrow is not entitled to qualified immunity as to this claim because it was clearly established at the time of the occurrence that sexually exploiting and assaulting an inmate violated the inmate

Van Pelt v. Pinckneyville Correctional Center

District Court, S.D. Illinois · Sep 24, 2025

Qualified Immunity Defendant Myers also argues he is entitled to qualified immunity shielding “government officials from civil damages liability unless the … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time

Grayson v. Furlow

District Court, S.D. Illinois · Aug 31, 2020

Qualified Immunity A. … To determine if qualified immunity is appropriate, a court must assess whether an official’s conduct violated a constitutional right, and second whether that right was clearly established. Volkman v.

Owens v. Tripp

District Court, S.D. Illinois · Jun 9, 2021

Qualified Immunity Defendants Chadderton, Frierdich, and Walter also argue that they are entitled to qualified immunity. … Qualified immunity shields “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

Lyberger v. Snider

District Court, S.D. Illinois · May 14, 2021

Qualified Immunity Officers are also afforded the extra layer of protection of qualified immunity. Thayer v. Chiczerski, 705 F.3d 237, 247 (7th Cir. 2012). … Qualified immunity is immunity from suit rather than a mere defense to liability. Pearson, 555 U.S. at 237.

Hulton v. Bayerische Staatsgemaldesammlungen

346 F. Supp. 3d 546 · District Court, S.D. Illinois · Sep 28, 2018

Simultaneously, Vömel sold much of Flechtheim's collection through Christopher Bernoulli, "a Swiss art dealer ... [, thereby] converting for his own profit what clearly belonged to" Flechtheim. ( Id. ¶ 88 .) … It is Plaintiffs' burden to establish that the takings exception is met. Chettri , 834 F.3d at 55 .

Watford v. Ellis

District Court, S.D. Illinois · Aug 28, 2019

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established … As such, Defendants are entitled to qualified immunity. IV.

Van Pelt v. Kranawetter

District Court, S.D. Illinois · Aug 4, 2021

Finally, Kranawetter is entitled to qualified immunity. Officers are afforded the extra layer of protection of qualified immunity. Thayer v. … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. Saucier v. Katz, 533 U.S. 194, 201 (2001).

McReaken v. Illinois Department of Corrections

District Court, S.D. Illinois · Sep 26, 2024

“To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. See Hope v. Pelzer, 536 U.S. 730, 736 (2002).