Case law

Cooney v. Magnabosco

Appellate Court of Illinois · Feb 10, 2011

If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. … Again, “ ‘[s]horthand reporter’ means a person who is technically qualified and certified under this Act to practice shorthand reporting.” 225 ILCS 415/4(5) (West 2008).

Salvi v. Village of Lake Zurich

2016 IL App (2d) 150249 · Appellate Court of Illinois · Jan 18, 2017

Counts I, II, and III all allege trespass (willful and wanton in count I, negligent in counts II and III), which is clearly a tort applicable to private parties. … According to the Village, plaintiff’s complaint “clearly alleges that it was a heavy rain that ultimately caused the water to overflow into the pond.”

C. G. E. Ford Heights, LLC v. Miller Modification of June 9, 1999

Appellate Court of Illinois · Aug 4, 1999

Plaintiffs, which burn tires, no longer qualify as QSWEFs under the amendment and are not entitled to the retail rate. … We will not render advisory opinions or decide cases merely to establish precedent. Berlin , 179 Ill. 2d at 8 .

Hemminger v. Nehring

399 Ill. App. 3d 1118 · Appellate Court of Illinois · Apr 8, 2010

In other words, plaintiff contended that this established a negligent treatment scenario, which is not immunized under section 6 — 106 of the Tort Immunity Act. Willis, 373 Ill. … This is a screening test that is clearly part of the diagnostic process and precisely the conduct that both sections 6 — 105 and 6 — 106 immunize. See 745 ILCS 10/6 — 105, 6 — 106 (West 2004).

Johnson v. Dossey

878 F. Supp. 2d 905 · District Court, N.D. Illinois · Mar 30, 2012

Laude: Prior to the Time When Formal Criminal Proceedings Commenced Even though Laude has absolute immunity for any conduct of a prosecutorial nature, his immunity is merely qualified insofar as he was acting in an investigatory … Prior to the commencement of formal criminal proceedings, then, Laude, like Dossey and Rogers at all times, was subject to only qualified immunity. See Johnson v.

Koh v. Village Greens of Woodridge

158 Ill. App. 3d 226 · Appellate Court of Illinois · Jul 23, 1987

Failed to establish procedures to keep participants in a safe area during tournament play; c. … App. 3d 784, 787 , 391 N.E.2d 451 ), and a complaint should not be dismissed for failure to state a cause of action unless it clearly appears that no set of facts could be proved under the pleadings which would entitle the

Clay v. Doherty

608 F. Supp. 295 · District Court, N.D. Illinois · Apr 16, 1985

Katz and Doherty may be able to claim a qualified good faith immunity from liability to Clay for their conduct as supervisors. But under Owen v. … Railoc of Indiana, Inc., 546 F.2d 706, 710 (7th Cir.1976)), establishes the Code as the standard applicable to lawyer discipline.

City of Bloomington v. Pollock

141 Ill. 346 · Illinois Supreme Court · May 11, 1892

In the report of the Elgin ease the facts do not very clearly appear, but they were, that the ordinance determining the grade of the streets there involved was the original establishment of a grade for such streets, and that … In our opinion there is no merit in this claim of immunity made by appellant.

Cornell Village Tower Condominium v. Department of Housing & Urban Development

750 F. Supp. 909 · District Court, N.D. Illinois · Oct 9, 1990

As a general matter, then, the governing statute in this case clearly provides “law to apply.” … Duke Power establishes quite clearly, however, that a litigant need not demonstrate a nexus between the injury claimed and the precise violation asserted unless he is relying on his taxpayer status in bringing the suit. 438

Valfer v. Evanston Northwestern Healthcare

2015 IL App (1st) 142284 · Appellate Court of Illinois · Jun 9, 2015

Although summary judgment is appropriate if a plaintiff cannot establish an element of his claim, it should only be granted when the right of the moving party is clear and free from doubt. Dardeen v. … Here, section 10.2 of the Act clearly defines “willful and wanton” in a manner that differs from the standard definition. As such, we find Dr.

Daniels v. City of Chicago

920 F. Supp. 901 · District Court, N.D. Illinois · Mar 22, 1996

The home entered by the police was clearly marked as 6540, the numbers posted in large print on the front door. The police entered another door. … But there is no qualified immunity from suit for a municipality, there is only freedom from liability. The rationale for heightened pleading “wrongly equates freedom from liability with immunity from suit.”

Generes v. Foreman

277 Ill. App. 3d 353 · Appellate Court of Illinois · Dec 29, 1995

Judicial immunity apparently originated, in medieval times, as a device for discouraging collateral attacks and thereby helping to establish appellate procedures as the standard system for correcting judicial error. … Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible

Walters v. Village of Colfax

466 F. Supp. 2d 1046 · District Court, C.D. Illinois · Dec 11, 2006

Defendants also claim absolute legislative immunity, or in the alternative, qualified immunity, for Milton and Baker. … This argument may present some dispute of material fact; however, the Court need not address it, nor the argument that defendants Milton and Baker are protected by absolute or qualified immunity, because Walters’ had no protectable

Murray v. Chicago Youth Center

352 Ill. App. 3d 95 · Appellate Court of Illinois · Apr 16, 2004

The principles to be applied in construing provisions of the Act are well established: “ ‘[0]ur primary goal is to ascertain and give effect to the intention of the legislature. … The plaintiff argued that section 3 — 108 of the Act does not establish unconditional immunity but, rather, provides an exception for willful and wanton misconduct.

Parmar v. Madigan

2017 IL App (2d) 160286 · Appellate Court of Illinois · Jun 6, 2017

affirmative defenses, defendants claimed that several counts in plaintiff’s complaint failed to state a claim upon which relief could be granted. ¶ 12 In his response, plaintiff claimed that the legislature clearly … Plaintiff did not dispute Flores’s averments, but claimed that duress was established by the Estate Tax Act’s provision for penalties, interest, and personal liability.

Anderson v. Cornejo

199 F.R.D. 228 · District Court, N.D. Illinois · Mar 10, 2000

Clearly Established Law Regarding Standard Patdown Searches Qualified immunity protects government officials from individual liability for monetary damages as long as “their conduct ‘does not violate clearly established statutory … When the law became clearly established would only be pertinent to qualified immunity for the damages claims contained in Count VII.

People v. Bracey

93 Ill. App. 3d 864 · Appellate Court of Illinois · Mar 19, 1981

The trial court clearly has the authority to grant immunity to a witness on the application of the State. (Ill. Rev. Stat. 1979, ch. 38, par. 106 — 1.) … The defendant does not dispute the fact that Neal clearly and repeatedly identified the defendant as his assailant. We believe that the prosecutor’s remarks constituted no more than harmless error.

Wright v. Gurnee Park District

2025 IL App (2d) 240687 · Appellate Court of Illinois · Oct 21, 2025

The Tort Immunity Act is central to this case. … It is plain from the photos that there was an area of higher grass clearly visible.

Ortiz v. Town of Cicero, Illinois

District Court, N.D. Illinois · Nov 2, 2021

Indianapolis Fire Dept., 578 F.3d 559, 566 (7th Cir. 2009) (recognizing “a ‘qualified’ constitutional right [under the Due Process Clause] to the confidentiality of medical records and communications”); Grimes v. … Dunlap, 209 F.3d 944, 956 (7th Cir. 2000) (“[T]his Circuit has outlined a clearly established ‘substantial’ right in the confidentiality of medical information that can only be overcome by a sufficiently strong state interest

New Heights Recovery & Power, LLC v. Bower

347 Ill. App. 3d 89 · Appellate Court of Illinois · Mar 9, 2004

The Act directed electric utility companies to enter into 20-year contracts to buy electricity from qualified solid waste energy facilities (labeled with the acronym QSWEF) at a “retail rate” that was higher than the market … The supreme court, relying on section 4 of the Statute on Statutes, held the amendment applied prospectively because it constituted a substantive change in the law by establishing a tax credit for S corporation shareholders