Case law

Gaffey v. Illinois Dept of Juvenile Justice

District Court, N.D. Illinois · Mar 31, 2021

Qualified immunity protects public officials from damages liability unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … The Court finds Plaintiff’s argument against qualified immunity to be flawed, however, as it frames “clearly established” law at too high a level of generality.

Edwards v. Cabrera

861 F. Supp. 664 · District Court, N.D. Illinois · Aug 10, 1994

Qualified Immunity Qualified immunity will shield the officers from liability to the extent their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Seventh Circuit has described the qualified immunity inquiry as having two prongs: First, the plaintiff must show that the law was clearly established when the challenged' conduct occurred.

Mellott v. Sprague

334 F. Supp. 3d 916 · District Court, C.D. Illinois · Jun 15, 2017

In order to defeat a defense of qualified immunity, Plaintiff must demonstrate that: (1) Defendants conduct violated his constitutional rights; and (2) the violated rights were clearly established at the time of the alleged … This right had been clearly established since, at the latest, 1990.

Redwood v. Lierman

Appellate Court of Illinois · Jun 7, 2002

Qualified Immunity Defendants argue that under the facts in the amended complaint, they are entitled to a qualified immunity from liability because the applicable legal standards were not clearly established at the time they … The majority's rule requiring a warrant is not only not clearly established, it is not the law. Qualified immunity applies.

Glover v. City of Chicago

2023 IL App (1st) 211353 · Appellate Court of Illinois · Feb 10, 2023

In such situations, the only relevant immunity provision is section 2-202 of the Act, which provides qualified immunity to public employees for acts or omissions “in the execution or enforcement of any law unless such … Additionally, unlike section 4-102, the immunity afforded under section 2-202 is qualified rather than absolute; a police officer is entitled to immunity under the provision unless the officer’s conduct was “willful and

Meyer v. NILES TP., ILL.

477 F. Supp. 357 · District Court, N.D. Illinois · Jul 24, 1979

Dunne Is Not Protected by the Doctrine of Qualified Immunity. … To rebut the qualified immunity defense, the plaintiff must demonstrate that the constitutional right infringed was clearly established at the time of the action and the official “knew or reasonably should have known that

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Parker v. Lane

688 F. Supp. 353 · District Court, N.D. Illinois · May 19, 1988

Qualified Immunity Defendants’ final contention is that they are immune from suit because their conduct did not violate any “clearly established statutory or constitutional rights of which a reasonable person would have known … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985) makes clear, qualified immunity encompasses not only immunity from liability but immunity from suit.

Mearday v. City of Chicago

196 F. Supp. 2d 700 · District Court, N.D. Illinois · Mar 28, 2002

Qualified Immunity Qualified immunity shields those government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the second step of the qualified immunity analysis, the burden of demonstrating a clearly established constitutional right lies with the plaintiff.

Weicherding v. Riegel

981 F. Supp. 1143 · District Court, C.D. Illinois · Oct 30, 1997

Qualified immunity protects a state official’s discretionary actions so long as the official’s actions co not violate clearly established rights of which a reasonable person would have known. Id. … In the qualified immunity context, this Court must determine whether, at the time Plaintiff was discharged, it was clearly established that his interest outweighed the State’s interest. Gregorich, 54 F.3d at 416 .

Howard v. Board of Education of Sycamore Community Unit School District No. 427

893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995

Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.

Baisi v. Burke

359 F. Supp. 3d 592 · District Court, E.D. Illinois · Jan 9, 2019

Accordingly, defendants are entitled to qualified immunity, and I dismiss the complaint on that basis. … To overcome defendants' assertion of qualified immunity, plaintiff must show that the constitutional right he seeks to vindicate was clearly established at the time of the conduct in question.

Lewis v. Washington

265 F. Supp. 2d 939 · District Court, N.D. Illinois · Jun 2, 2003

“Qualified immunity protects government officials from civil liability when performing discretionary functions so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … I find that the constitutional rights asserted by plaintiffs here are not “clearly established” for purposes of denying defendants qualified immunity.

Walsh v. Ward

757 F. Supp. 959 · District Court, C.D. Illinois · Mar 1, 1991

Qualified Immunity Defendants’ final argument in support of their motion to dismiss is that, to the extent they are sued in their individual capacities, they are immune from liability pursuant to the doctrine of qualified … In short, the “qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual

Lamb v. City of Decatur

947 F. Supp. 1261 · District Court, C.D. Illinois · Nov 19, 1996

“It is the plaintiff who bears the burden of establishing the existence of the allegedly clearly established constitutional right.” Rice v. Burks, 999 F.2d 1172, 1174 (7th Cir.1993). … The Decatur police do not qualify for immunity.

Doe v. City of Chicago

883 F. Supp. 1126 · District Court, N.D. Illinois · Nov 16, 1994

Qualified Immunity Dr. Bransfield moves to dismiss the Section 504 claim against him on grounds of qualified immunity. … The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights

Lightner v. Tremont Auto Auction, Inc.

564 F. Supp. 1112 · District Court, N.D. Illinois · Apr 22, 1983

The Court in Butz established a qualified immunity for government officials performing discretionary functions. Id. at 504, 98 S.Ct. at 2909. … Lash, 687 F.2d 996, 1007 (7th Cir.1982) (question of fact whether defendant officials should reasonably have known that their conduct would violate clearly established constitutional norms).

Henry v. Ryan

775 F. Supp. 247 · District Court, N.D. Illinois · Sep 30, 1991

Government officials enjoy immunity from civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Closely analogous cases, those decided before the defendants acted, ... are required to find that a constitutional right is clearly established.” Powers v.

Aboufariss v. City of De Kalb

Appellate Court of Illinois · Jul 7, 1999

To determine whether qualified immunity applies to a defendant in section 1983 actions, courts examine whether the defendant’s conduct violated plaintiff’s constitutional rights and whether the rights were clearly established … Once the defendant raises the defense of qualified immunity, the plaintiff carries the burden of demonstrating the violation of a clearly established right. Forman , 104 F.3d at 957-58 .

ESTATE OF CASSARA BY CASSARA v. State of Ill.

853 F. Supp. 273 · District Court, N.D. Illinois · May 19, 1994

In order to penetrate defendants’ shield of qualified immunity as government officials performing discretionary functions, plaintiff bears the burden of demonstrating that the defendants’ conduct violated clearly established … established and the state officials’ actions clearly illegal.