Case law

James

District Court, N.D. Illinois · Mar 14, 2026

A plaintiff may defeat qualified immunity by showing that (1) the defendant’s conduct violated a constitutional right, and (2) the violated right was clearly established at the time of the alleged misconduct. … Recall that a plaintiff may satisfy the “clearly established” prong of the qualified immunity analysis” by (1) pointing to an analogous case establishing the right to be free from the conduct at issue; or (2) showing that

St. Paul Fire & Marine Insurance Co. v. City of Waukegan

2017 IL App (2d) 160381 · Appellate Court of Illinois · Sep 15, 2017

The issue in Steidl was whether the officers were entitled to qualified immunity for their conduct. … The court held that the district court correctly denied the officers’ motion for dismissal on qualified immunity.

Nichols v. Laymon

506 F. Supp. 267 · District Court, N.D. Illinois · Dec 5, 1980

Defendants also raise the defense of qualified immunity. Alternatively, they assert that they cannot be held liable under the doctrine of respondeat superior. Defendants enjoy a qualified immunity. Procunier v. … These contentions invoke consideration of the second prong of the qualified immunity test. The arguments of the County on the issues of knowledge and intent solely relate to Neely.

Krocka v. Bransfield

969 F. Supp. 1073 · District Court, N.D. Illinois · Jun 24, 1997

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Bransfield insists that the right could not have been clearly established and that he is therefore entitled to immunity.

Green v. Chicago Board of Education

407 Ill. App. 3d 721 · Appellate Court of Illinois · Feb 22, 2011

Section 4—102 of the Act states, in relevant part: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection … Section 4—102 of the Act does not contain the same qualifying language as section 3—108 of the Act.

Nelson v. Quarles and Brady, LLP

2013 IL App (1st) 123122 · Appellate Court of Illinois · Nov 21, 2013

This result, plaintiff contends, would have made Curia a majority owner and was “clearly contrary to the terms of the option.” … In doing so, we cannot say that it clearly appears that no set of facts could be proved which would entitle plaintiff to recover.

Hickey v. Huber

263 Ill. App. 3d 560 · Appellate Court of Illinois · May 16, 1994

Claiming sovereign immunity, Huber moved for summary judgment. … Huber’s and Morrison’s testimony clearly established that they were pursuing the green car. For these reasons, no jury determination on this issue is warranted. The judgment of the circuit court is affirmed. Affirmed.

The People v. English

31 Ill. 2d 301 · Illinois Supreme Court · Sep 29, 1964

The court appointed two qualified psychiatrists to personally examine defendant as provided by the act and ordered defendant to appear before them individually for examination. … This, of course, would amount to a judicial grant of immunity.

Robbins Resource Recovery Partners, L.P. v. Edgar

947 F. Supp. 1205 · District Court, N.D. Illinois · Nov 1, 1996

The Partnership’s Waste Facility does not qualify as a QSWEF under the amended definition because its facility does not use methane gas. … In this case, the State of Illinois and its agency, the Illinois Commerce Commission (“ICC”) assert their constitutional immunity to bar this suit, and Congress has not abrogated immunity as to any of the federal claims made

Webb v. The City of Batavia

District Court, N.D. Illinois · Oct 13, 2023

Because I find that there was no violation of a constitutional right, Officers Miller and Sulaver are also entitled to qualified immunity. See Taylor v. … defendant violated a constitutional right; and (2) whether the constitutional right was clearly established at [that] time.

United States v. Bryant

905 F. Supp. 2d 877 · District Court, C.D. Illinois · Nov 15, 2012

Nominally, Defendant qualified for a sentence of mandatory life in prison. … With both state and federal immunity agreements established, Defendant admitted during interviews in January and February 2010 that he had been involved in the homicide and provided recorded statements implicating himself

Horrell v. City of Chicago

145 Ill. App. 3d 428 · Appellate Court of Illinois · Jun 30, 1986

Both of these ordinances are clearly discretionary, and authorize the commissioner of public works to place bus stops where “as he shall determine” they are appropriate, and place crosswalks where “in his opinion there is … Employees Tort Immunity Act (Ill.

Henrichs v. Ill. Law Enforcement Training & Standards Bd.

306 F. Supp. 3d 1049 · District Court, E.D. Illinois · Jan 26, 2018

enforce their own concealed firearm certification standards."); Moore , 2010 WL 5232727 , at *4 (holding that LEOSA "preserve[s] the States' authority in establishing eligibility requirements for qualified retired law enforcement … Illinois, of course, has elected to establish the IROCC program to implement LEOSA.

Festa v. Westchester Med. Ctr. Health Network

380 F. Supp. 3d 308 · District Court, S.D. Illinois · Mar 29, 2019

Analysis Defendants move to dismiss the Complaint on grounds that Plaintiff has failed to state a claim, that Plaintiff has failed to establish municipal liability, and that Israel is entitled to qualified immunity. ( See … Qualified Immunity Defendants argue that even if Plaintiff successfully stated a First *324 Amendment retaliation claim, Israel is entitled to qualified immunity. (Defs. Mem. 16-17.)

Illinois Ex Rel. Bakalis v. Weinberger

368 F. Supp. 721 · District Court, N.D. Illinois · Nov 30, 1973

Ill — SOVEREIGN IMMUNITY The government asserts that the present suit is barred by the doctrine of sovereign immunity because the judgment sought by the plaintiffs would expend itself on the public treasury by requiring defendants … Section 443 clearly distinguishes between the allotment process, which is a mandatory duty of the Commissioner, and payments to a state, which can occur only upon the Commissioners’ approval of a qualifying state plan.

DeSMET EX REL. v. County of Rock Island

219 Ill. 2d 497 · Illinois Supreme Court · Apr 20, 2006

This court’s holding in Huey that the public duty rule exists ‘ [i] ndependent [ly] of statutory or common-law concepts of sovereign immunity’ (emphasis added) (Huey, 41 Ill. 2d at 363 ) establishes that neither this court … statute is not at issue here because the record in this case clearly shows that these governmental defendants rendered police protection service to the general public via their dispatch centers.

Button v. Kibby-Brown

970 F. Supp. 649 · District Court, C.D. Illinois · Jul 10, 1997

Consequently, the Court found it premature to determine whether qualified immunity applied. … ANALYSIS Defendants claim they are entitled to a directed verdict both substantively and based on qualified immunity.

LEAGUE OF WOMEN VOTERS OF UNITED STATES v. Fields

352 F. Supp. 1053 · District Court, E.D. Illinois · Dec 11, 1972

by qualified citizens; 2. … Clearly the states have authority to regulate voter qualifications and election procedures, see Oregon v. Mitchell, 400 U.S. 112 , 91 S.Ct. 260 , *1055 27 L.Ed.2d 272 (1970).

City of Chicago v. Board of Trustees of the University of Illinois

293 Ill. App. 3d 897 · Appellate Court of Illinois · Jul 21, 1997

Here, there is no ambiguity; the statute clearly states that the Board can be sued, but tort actions must be brought in the Court of Claims. … Furthermore, the Illinois Municipal Code of 1961 authorized municipalities to establish and maintain parks. Peoria, 76 Ill. 2d at 477 , citing Ill. Rev.

Grant v. Board of Trustees of Valley View School District No. 365-U

286 Ill. App. 3d 642 · Appellate Court of Illinois · Feb 14, 1997

Therefore, the defendants are not immunized from liability by the provisions of the Tort Immunity Act. … All of these allegations clearly related to the official conduct of the school program. Accordingly, O’Brien is inapposite and the trial court properly dismissed count II of Maria’s complaint.