Case law

Mister v. Illinois Central Gulf Railroad

790 F. Supp. 1411 · District Court, S.D. Illinois · Apr 22, 1992

Wade standard is designed for eases brought under § 1983, in which the plaintiff needs to overcome the defense of qualified immunity. … Whatever concerns the Seventh Circuit harbors over the absence of qualified immunity in actions against private actors under § 1981 appear to be satisfied in straightforward employment discrimination claims, since the law

Sanders v. Splittorf

District Court, S.D. Illinois · Jul 19, 2024

Qualified Immunity Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly … The qualified immunity test has two prongs: (1) whether the officer violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Carr v. DeVos

369 F. Supp. 3d 554 · District Court, S.D. Illinois · Feb 25, 2019

OAG's investigation resulted in an assurance of discontinuance and the establishment of a restitution fund of over $ 9 million from SBI's parent company. ( Id. ). 2. … Madigan , 503 U.S. 140 , 144, 112 S.Ct. 1081 , 117 L.Ed.2d 291 (1992) ("[W]here Congress has not clearly required exhaustion, sound judicial discretion governs.").

Kidd v. Thomson Reuters Corp.

299 F. Supp. 3d 400 · District Court, S.D. Illinois · Oct 26, 2017

In November 2014, Kidd applied for a job as an Immunization Program Consultant with the GaDPH and agreed in writing to submit to a "criminal history and background check." (Pl.'s SOF ¶ 76). … A dispute qualifies as genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v.

Moore

District Court, S.D. Illinois · Aug 19, 2026

Qualified Immunity. … “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

Anderson

District Court, S.D. Illinois · Mar 13, 2026

Qualified Immunity Lang and Crain also argue that they are entitled to qualified immunity. (See Doc. 56, pp. 11–12). … right alleged to have been violated was clearly established.”

Smadi v. Michaelis

District Court, S.D. Illinois · Dec 21, 2020

believe that they were not violating a clearly established law. … The court also found that the officials were not entitled to qualified immunity because the inmate asserted a clearly established “right to religious accommodation for a religious practice demonstrably associated

Watford v. Ellis

District Court, S.D. Illinois · Sep 16, 2019

In determining whether a defendant is entitled to qualified immunity, the Court must consider whether the official’s conduct violated a constitutional right and whether the right in question was clearly established. … Defendants are, therefore, entitled to qualified immunity.

Dist. Attorney of N.Y. Cnty. v. Republic of the Phil.

307 F. Supp. 3d 171 · District Court, S.D. Illinois · Mar 29, 2018

It does not establish that the seed money for substantially all of Mr. and Mrs. Marcos's vast wealth came from the Yamashita Treasure. Nor does Buckley's testimony establish as much. … waiver of sovereign immunity.

Brown

District Court, S.D. Illinois · May 14, 2026

Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly established constitutional rights of which a reasonable person … that the officer’s conduct violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Walls

District Court, S.D. Illinois · Feb 10, 2026

“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 … To be clearly established, a constitutional right must have a sufficiently clear foundation in then-existing precedent; qualified immunity applies unless the specific contours of the right were sufficiently definite that

Edwards v. Wiley

District Court, S.D. Illinois · May 4, 2023

However, qualified immunity warrants dismissal at the pleading stage only when the plaintiff’s well-pleaded allegations, “taken as true, do not ‘state a violation of clearly established law.’” Hanson v. … To overcome qualified immunity, Plaintiff’s complaint must contain facts indicating that Defendants violated his constitutional rights, and the right violated was clearly established at the time of the violation.

Wilson v. Riggs

District Court, S.D. Illinois · Sep 15, 2025

Page 9 of 11 Qualified Immunity Defendant further argues he is entitled to summary judgment on qualified immunity grounds. … Generally, government 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

Lockhart v. Adams

District Court, S.D. Illinois · Mar 21, 2024

The 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. … To overcome qualified immunity, a plaintiff “must show both (1) that the facts make out a constitutional violation, and (2) that the constitutional right was ‘clearly established’ at the time of the official's alleged

Graham v. Richelmon

District Court, S.D. Illinois · Mar 27, 2025

Qualified Immunity Finally, Defendants argue qualified immunity shields them from any liability. … The Supreme Court has established a two- part test to determine whether a defendant is entitled to qualified immunity.

Downs v. Oath Inc.

385 F. Supp. 3d 298 · District Court, S.D. Illinois · May 22, 2019

("[W]e conclude that § 512(c) is clearly meant to cover more than mere electronic storage lockers."). … At argument, the only explanation Downs gave for failing to depose Cohn was that "the burden is on [Oath] to establish [its] defense." See Transcript dated May 17, 2019, at 5:8-9.

Fitzpatrick v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Sep 10, 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 … This argument also fails because it has clearly been established that the Defendants treated Fitzpatrick’s abdominal lump.

Minerly v. Holt

District Court, S.D. Illinois · Mar 30, 2020

To overcome qualified immunity, the facts viewed in the light most favorable to Plaintiff must “show that the defendant[s] violated a constitutional right” and that “the right was clearly established at [that] time.” … Therefore, qualified immunity is not available to Dr.

DeJong v. Pembrook

District Court, S.D. Illinois · Mar 20, 2023

Because DeJong has properly pleaded a constitutional violation, Robb can receive qualified immunity only if her conduct was not clearly established as unlawful. … Again, because DeJong has properly pleaded a constitutional violation, Pembrook and Ball can receive qualified immunity only if their conduct was not clearly established as unlawful.

Lovett v. Neff

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

Neff’s Qualified-Immunity Defense “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … Qualified immunity presents two inquiries: (1) whether “the facts alleged show the officer’s conduct violated a constitutional right”; and (2) “whether the right was clearly established.”