Case law

People v. Crawford

93 Ill. App. 3d 510 · Appellate Court of Illinois · Feb 19, 1981

establish that the trial court limited that cross-examination in an effort to protect Edward Garlington’s fifth amendment rights, I believe this cause should be reversed and remanded for a new trial and therefore must respectfully … The trial court clearly had, in effect, granted Edward immunity from prosecution for his testimony concerning the events of the 19th.

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

Kavanaugh v. Midwest Club, Inc.

164 Ill. App. 3d 213 · Appellate Court of Illinois · Dec 18, 1987

The trial court found that no duty to plaintiff’s decedent was owed by Midwest Club and that the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. … A cause of action should not be dismissed unless it clearly appears from the pleadings that no set of facts can be proved which will entitle plaintiff to recover. Charles Hester Enterprises, Inc. v.

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.

Falk v. Cook County Sheriff's Office

904 F. Supp. 797 · District Court, N.D. Illinois · Oct 26, 1995

QUALIFIED IMMUNITY Defendants argue that even if plaintiff states a valid § 1983 claim, defendants are entitled to qualified immunity from damages because their alleged conduct did not violate clearly established rights. … The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established rights of which a reasonable

Aurora National Bank v. Anderson

132 Ill. App. 2d 217 · Appellate Court of Illinois · Mar 29, 1971

It said, at p. 59: “In our opinion, the law of Illinois clearly applies in this case. … That state has the primary responsibility for establishing and regulating the incidents of the family relationship and it is the only state in which the parties can, by participation in the legislative processes, effect a

People v. Carter

174 Ill. App. 3d 369 · Appellate Court of Illinois · Aug 25, 1988

It is well established that Illinois courts have no inherent power to grant immunity in order to secure testimony which the defense deems relevant. (People v. Bracey (1981), 93 Ill. … Smith (3d Cir. 1980), 615 F.2d 964 , in which the Third Circuit Court of Appeals held that a Federal district court may grant immunity where a potential defense witness can offer clearly exculpatory testimony and where the

McKeown v. Oglesby

633 F. Supp. 1152 · District Court, N.D. Illinois · Apr 22, 1986

Harlow holds that an officer is immune from liability for damages under § 1983 where his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Oglesby would be immune from liability under Harlow in this suit, qualified immunity is an affirmative defense which a defendant must plead and prove.

Adames v. Sheahan

378 Ill. App. 3d 502 · Appellate Court of Illinois · Nov 29, 2007

. §§7901 through 7903)) provides gun manufacturers immunity from claims such as those advanced by plaintiffs. A. … The manual clearly reads that removing the magazine does not clear a loaded chamber.

Blassman v. Markworth

359 F. Supp. 1 · District Court, N.D. Illinois · Apr 24, 1973

There is no question that recent decisions have established the principle that state action regulating suffrage is not immune from the impact of the Equal Protection Clause. … “To be sure, recent decisions have established that state action regulating suffrage is not immune from the impact of the Equal Protection Clause.

Mack Industries, Ltd. v. Village of Dolton

2015 IL App (1st) 133620 · Appellate Court of Illinois · May 26, 2015

A motion to dismiss should not be granted “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.” Tedrick v. … Hollow court, however, reasoned that section 2-201 does not always control because “[s]ection 2-201 begins with the phrase, ‘[e]xcept as otherwise provided by Statute’ (745 ILCS 10/2-201 (West 2000)), which clearly

Wolf v. Carey

438 F. Supp. 545 · District Court, N.D. Illinois · Oct 14, 1977

The allegations of use of perjured testimony and suppression of exculpatory information also clearly fall within the Imbler grant of immunity. … Plaintiff’s conclusive declaration that his civil rights were violated, however, is not enough to establish a section 1983 claim.

Holly v. City of Naperville

571 F. Supp. 668 · District Court, N.D. Illinois · Jul 8, 1983

Plaintiff has pled in his complaint that he filed charges with the EEOC based on race, age, and otherwise-qualified handicap. ¶ 10. … For now, though, we are unwilling to hold that a claim cannot be stated unless the termination and the defamation were simultaneous where, as here, the later defamation clearly relates back to the termination.

Michigan Millers Mutual Fire Insurance v. McDonough

358 Ill. 575 · Illinois Supreme Court · Dec 17, 1934

licensed to transact business in this State under the provisions of the Mutual Insurance act of 1915; that each maintains and operates an agency in the city of Chicago; that through these agencies they hold themselves out as qualified … theft, collision and property damage, and hail, windstorm, cyclone, tornado, earthquake, use and occupancy, and sprinkler-leakage insurance; that the Central Manufacturers Mutual Insurance Company also announces itself qualified

Van Houdnos v. Evans

627 F. Supp. 476 · District Court, C.D. Illinois · Jan 21, 1986

The qualifications of the six finalists clearly exceeded Plaintiff’s. Evans forwarded his compilation of rankings to his superior, Assistant Director Basil Hedrick. … They all knew of Evans’ preference that a man fill the position, yet they all ranked women among the most qualified applicants.

Wilkerson v. County of Cook

379 Ill. App. 3d 838 · Appellate Court of Illinois · Feb 25, 2008

Immunity Act. … Newsome’s Pap smear slides could be present in cancerous, precancerous or normal conditions, she clearly testified that she never suspected a cancerous or precancerous condition.

Fair v. City of Chicago

45 Ill. App. 3d 240 · Appellate Court of Illinois · Jan 3, 1977

Pellum (1975), 62 Ill. 2d 86, 89 , 338 N.E.2d 876,877 , “is not whether the General Assembly has waived immunity, but whether it has statutorily granted such immunity.” … Stat. 1975, ch. 40, par. 21.1), are clearly inapplicable. The Juvenile Court Act applies only to legal fees for representing a minor in connection with hearings under that Act.

Better Government Ass'n v. Illinois High School Ass'n

2016 IL App (1st) 151356 · Appellate Court of Illinois · Aug 29, 2016

App. 3d 1065 (2005), in which IHSA had sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Instead, the challenged statements were legal arguments asserted by IHSA in an effort to establish immunity under the Tort Immunity Act.

Ramsey v. Morrison

175 Ill. 2d 218 · Illinois Supreme Court · Feb 6, 1997

Clearly, a central purpose of the workers’ compensation system is to place the cost of employee injuries on the enterprise or the industry, and that purpose is accomplished, in part, by granting immunity to coemployees whose … As the court noted, 'the third party’s interest is that of any other cotortfeasor — to limit its liability to no more than its established fault.’ [Citation.]

Stobinske-Sawyer v. Village of Alsip

188 F. Supp. 2d 915 · District Court, N.D. Illinois · Feb 25, 2002

Even if the issue of qualified immunity had been raised properly,- defendants could not prevail at this stage of the case. … Although an officer who had a reasonable, yet mistaken belief that probable cause existed is entitled to qualified immunity, Saucier v.