Case law

Bandala-Martinez v. Fry

District Court, S.D. Illinois · Apr 20, 2020

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Jones v. Linn

District Court, S.D. Illinois · Mar 15, 2024

Qualified Immunity Defendants move for qualified immunity on any claims that survive summary judgment, arguing that they did not violate clearly established rights. … Governmental officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional

United States v. 7 CARTONS, MORE OR LESS, ETC.

293 F. Supp. 660 · District Court, S.D. Illinois · Dec 16, 1968

In the 204 Boxes case, decided this year, the court quoted the statement of principle from those earlier cases in stating its conclusion that the principle was clearly established. … Clearly, the Lorz affidavit is not addressed to the statutory standard.

In re Document Techs. Litig.

282 F. Supp. 3d 743 · District Court, S.D. Illinois · Oct 23, 2017

It is also "well established that the public and the press have a 'qualified First Amendment right to ... access certain judicial documents.' " Id. (quoting Hartford Courant Co. v. … excerpts reveal trade secrets or other confidential business information, the disclosure of which would cause ... clearly defined and serious harm."

Newborn v. Morrison

440 F. Supp. 623 · District Court, S.D. Illinois · Nov 25, 1977

The procedure we must follow in this case was established in Mt. … More persuasive is defendant’s attempt to establish itself as a municipal corporation through statutory construction.

Daugherty v. Doe

District Court, S.D. Illinois · Jun 29, 2022

Qualified Immunity Defendants argue they are entitled to summary judgment on their affirmative defense of qualified immunity. … 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

Murphy v. Siddiqui

District Court, S.D. Illinois · Mar 22, 2024

Qualified Immunity Crain claims that she is also entitled to summary judgment under a theory of qualified immunity, even if she was deliberately indifferent. … A state official such as Crain is protected by qualified immunity unless Murphy shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of

Altman v. DEPARTMENT OF CHILDREN AND FAMILY SERVS.

666 F. Supp. 2d 918 · District Court, S.D. Illinois · Sep 28, 2009

To establish a violation of the ADA, an employee must show: “1) that she is disabled; 2) that sbo is otherwise qualified to perform the essential functions of the job with or without reasonable accommodation; and 3) that … Defendants assert that they are entitled to summary judgment on this claim as it is barred by sovereign immunity.

Horne v. Wexford Health Care, Inc.

District Court, S.D. Illinois · May 18, 2020

Brown further argues that she 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

Hayes v. Brookhart

District Court, S.D. Illinois · Mar 28, 2024

“The doctrine of qualified Page 19 of 30 immunity protects government officials from liability for civil damages when their conduct does not violate clearly established … Qualified Immunity Defendants also move for summary judgment on Plaintiff’s due process claim on the alternative theory that they are entitled to qualified immunity

Astrauskas v. City of Collinsville

District Court, S.D. Illinois · Sep 22, 2020

Furthermore, as Defendants argue, the individually named Defendants are entitled to qualified immunity for the inspection. … The second prong asks whether a plaintiff’s constitutional rights were clearly established at the time of the officers’ actions. Id.

Black v. Stokes

District Court, S.D. Illinois · Sep 22, 2025

Qualified Immunity CMT Lang also argues she is entitled to qualified immunity. … Qualified immunity applies when (1) the official violated a statutory or constitutional right, and (2) the right was not “clearly established” at the time of the challenged conduct. Id.

Owens v. Lamb

District Court, S.D. Illinois · Mar 27, 2020

Qualified Immunity Defendants also argue that they are entitled to qualified immunity because “Plaintiff alleged unconstitutional conditions of confinement … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

Doe 5 v. Southern Illinois University

District Court, S.D. Illinois · Aug 13, 2020

Renzaglia is not entitled to the defense of qualified immunity. … Here, the qualified immunity defense fails because Doe alleges that Renzaglia intentionally disregarded the conduct she reported.

Southern Illinois Builders Association v. Ogilvie

327 F. Supp. 1154 · District Court, S.D. Illinois · Jun 2, 1971

The Court of Appeals for the Third Circuit stated that the Philadelphia Plan is “clearly” color conscious but held in the face of the contractors’ objections based on the Civil Rights Act of 1964 that “to read (The Civil … It is a well settled principle that “immunity from federal regulation is not gained through forehanded contracts.” Federal Housing Authority v.

Esparza v. Verstraete

District Court, S.D. Illinois · Feb 28, 2020

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. … Accordingly, under the facts as alleged in the complaint, Esparza has not established that his rights against the search and seizure described were clearly established, and Defendants would have qualified immunity

Giesler v. City of Herrin, Illinois

District Court, S.D. Illinois · Dec 1, 2021

The doctrine of qualified immunity is also not applicable. … The Court looks at two things to determine whether qualified immunity applies: (1) whether a plaintiff's constitutional rights have been violated; and (2) whether the right at issue was “clearly established” at the time

Rogers v. Baldwin

District Court, S.D. Illinois · Sep 24, 2021

Finally, Lashbrook and Baldwin claim qualified immunity. … Qualified immunity protects government officials from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Cantrell

District Court, S.D. Illinois · Jul 17, 2026

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim. Id. § 1915(e)(2)(B)(i) & (ii). … Judge Rosenstengel has absolute immunity against damages for judicial acts. Stump v. Sparkman, 435 U.S. 349, 356–57 (1978).

Godfrey v. Easton

District Court, S.D. Illinois · Sep 7, 2021

Qualified Immunity Finally, Defendants argue they are entitled to qualified immunity. … Governmental officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional