Case law

Cooney v. Rossiter

976 N.E.2d 441 · Appellate Court of Illinois · Aug 10, 2012

The federal district court dismissed the lawsuit, finding the defendants immune, stating: “[I]t is well-established that court-appointed psychological evaluators are ‘protected by the same immunity … As the court stated in Defend: “The law thus clearly allows for an absolute privilege where there exists a significant interest in protecting the type of speech involved.”

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.

Walker v. Gibson

604 F. Supp. 916 · District Court, N.D. Illinois · Feb 14, 1985

Walker did take advantage of grievance procedures established pursuant to 5 U.S.C. §§ 1302 , 3302, 7301 and codified at 5 C.F.R. Part 771. … It should be noted additionally that in this case, involving activity that likely violated federal rules and regulations, Walker may defeat Gibson’s shield of qualified immunity and recover damages in a tort action.

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.

Cadena v. Chicago Fireworks Manufacturing Co.

297 Ill. App. 3d 945 · Appellate Court of Illinois · Jun 30, 1998

Therefore, the City of Chicago Heights is immune from liability for failure to provide adequate police protection or service. 5 — 102 establishes immunity from liability from the Chicago Heights Fire Department or failure … , as such a reading to include those kinds of activities would tend to swallow the exception to the general rule of liability established by the Tort Immunity Act, and thereby render the entire provision effectively meaningless

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.

Illinois Crime Investigating Commission v. Sarno

45 Ill. 2d 473 · Illinois Supreme Court · May 27, 1970

The statute clearly gives the circuit court the power to compel the defendants to appear before the Commission and answer questions. … That section grants immunity to the defendants from further prosecutions. That this immunity is co-extensive with the fifth amendment has been established by the holding of Murphy v. Waterfront Commission.

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.

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

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.

Commonwealth Edison Co. v. International Brotherhood of Electrical Workers

961 F. Supp. 1154 · District Court, N.D. Illinois · Dec 31, 1996

recently discovered exculpatory evidence since there was not clearly established authority imposing such a duty); Stanley Z. … This court holds that the Deputies did not violate any such rights, and therefore are entitled to qualified immunity. In California v.

U.S. Bank v. Lindsey

Appellate Court of Illinois · Dec 7, 2009

Atkinson testified that the Carmichael truck was subject to federal regulations that required Lindsey to be qualified and trained to possess a commercial driver’s license (CDL). … Next of Kin and Establishment of Parentage Carmichael contends that plaintiff failed as a matter of law to establish that decedent was the biological father of the children who claimed to be beneficiaries of the

McLaughlin v. Tilendis

115 Ill. App. 2d 148 · Appellate Court of Illinois · Sep 24, 1969

Molitor abolished the doctrine of governmental immunity from tort liability as applied to school districts. … Neither will we erode the defense of absolute privilege as it has heretofore been established in Illinois by finding that it does not have application to the factual situation before the court.

Tosado v. Miller

188 Ill. 2d 186 · Illinois Supreme Court · Oct 21, 1999

Immunity Act.” 293 Ill. … an issue of first impression whose resolution was not clearly foreshadowed; (2) whether, given the purpose and history of the new rule, its operation will be retarded or promoted by prospective application; and (3) whether

Tillman v. Burge

813 F. Supp. 2d 946 · District Court, N.D. Illinois · Nov 2, 2011

The court does not address claims of qualified immunity in this opinion because the parties have not made them; that torture is unlawful has been clearly established for decades, thus rendering futile any argument that an … individual who engaged in torture should enjoy qualified immunity.

Carroll v. Paddock

Illinois Supreme Court · Feb 7, 2002

Plaintiff responded that HRC and the Hospital did not qualify as local public entities under the Act. … ” under the Tort Immunity Act.

Egebergh v. Sheahan

955 F. Supp. 965 · District Court, N.D. Illinois · Feb 24, 1997

and Governmental Employees Tort Immunity Act (“Tort Immunity Act”), 745 ILCS 10/4-103 and 4-105. … XIII, § 4 had vested sole authority to establish the extent of governmental immunity in the hands of the state legislature and not the courts.

Satkar Hospitality Inc. v. Cook County Board of Review

819 F. Supp. 2d 727 · District Court, N.D. Illinois · May 20, 2011

The Board defendants’ motion The Board defendants have moved to dismiss plaintiffs’ first amended complaint on the basis of absolute immunity, qualified immunity, and the Rooker-Feldman doctrine. … The Board is therefore entitled to neither absolute nor qualified immunity from plaintiffs section 1983 claims. B.

Doe v. Dimovski

336 Ill. App. 3d 292 · Appellate Court of Illinois · Jan 15, 2003

We note, however, that plaintiffs complaint does set forth sufficient facts to establish negligence. … We find that count V of the complaint sets forth sufficient facts to establish a claim for negligence.

Brown v. Smith

56 F. Supp. 3d 910 · District Court, N.D. Illinois · Jul 16, 2014

Because it is a complete defense to liability for money damages, “[ajbsolute immunity is only accorded for limited functions; ‘the presumption is that qualified rather than absolute immunity is sufficient to protect government … The test to determine whether an official is entitled to absolute immunity is well-established: a court must apply a “functional approach” by “look[ing] to the nature of the function performed, not the identity of the actor