Case law

Moore v. Green

Illinois Supreme Court · Apr 20, 2006

Section 4B102 of the Tort Immunity Act provides: ANeither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection … Section 305 and sections 4B102 and 4B107 cannot be harmonized because clearly the immunity provided by both statutes applies to Moore=s allegations.

Federal Deposit Insurance Corporation v. Crowe Horwath LLP

District Court, N.D. Illinois · Jun 25, 2018

If the agency fails to establish the privilege applies to the subpoenaed material, then it must produce the documents. … that at least some courts have held are “clearly protect[ed] from disclosure.” Principe v.

United States v. Pullman Construction Industries, Inc.

210 B.R. 302 · District Court, N.D. Illinois · Jun 10, 1997

Pullman has the burden to establish all elements of § 547(b) by a preponderance of the evidence. See 11 U.S.C. § 547 (g). … The Bankruptcy Code, however, does not expressly waive the United States’ sovereign immunity with regard to an award of prejudgment interest. WJM, Inc. v.

People Ex Rel. Kunce v. Hogan

37 Ill. App. 3d 673 · Appellate Court of Illinois · Apr 19, 1976

It is extremely important that we express clearly and unequivocally that the contempt adjudication against Hogan would be reversed even if his advice were incorrect. … Allegedly contemptous behavior which falls within the second category of direct criminal contempt must be established by extrinsic evidence at a fair and impartial hearing. (In re Oliver; People v. Skar.)

Watkins v. Illinois Department of Child & Family Services

District Court, N.D. Illinois · Mar 26, 2025

It is well settled that government officials like the City and State defendants here are protected by qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

Whitlow v. Martin

719 F. Supp. 2d 983 · District Court, C.D. Illinois · Jun 15, 2010

A defendant is entitled to qualified immunity to a § 1983 claim unless the plaintiff can show that the defendant: (1) violated the plaintiffs rights; and (2) controlling authority existed at the time that clearly established … If the jury believes the Plaintiffs’ version of the evidence, there is no qualified immunity.

People v. Gomez

107 Ill. App. 3d 378 · Appellate Court of Illinois · Jun 11, 1982

Moreover, it is well established that a police report which an identifying officer neither prepared nor signed does not constitute grounds for impeachment. (People v. Spain (1980), 91 Ill. … Immunity will be denied if the proffered testimony is found to be ambiguous, not clearly exculpatory, cumulative or if it is found to relate only to the credibility of the government’s witnesses.

Grant v. Board of Trustees of Valley View School District 365U

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.

Baxter

District Court, S.D. Illinois · Nov 7, 2025

Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “[T]he clearly established law must be ‘particularized’ to the facts of the case.

Cobb

District Court, N.D. Illinois · Aug 28, 2026

In the alternative, at the very least, qualified immunity shields Sciame from liability. … Such officials receive qualified immunity unless: (1) they violated a federal statutory or constitu- tional right, and (2) the unlawfulness of their conduct was clearly established at the 9

Cleary v. Catholic Diocese

10 Ill. App. 3d 224 · Appellate Court of Illinois · Feb 26, 1973

It was determined that the statutory immunity of the Park District was unconstitutional as a grant of special immunity in violation of the constitutional provision. In Lorton v. … The constitutionality of a statute of limitations of one year is to be examined in the light that the Legislature has established a classification and that the court will not interfere unless such classification is without

Arteman v. Clinton Community Unit School District No. 15

Appellate Court of Illinois · Nov 22, 2000

App. 3d at 809 , 704 N.E.2d at 424 (in which this court concluded that a park district coach's decisions regarding what equipment and safety precautions were needed during tumbling maneuvers qualified "as the making of policy … The court further explained that the "public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply" where the issue

Tracy v. Davis

123 F. Supp. 160 · District Court, E.D. Illinois · Aug 17, 1954

It is now clearly established that a charitable corporation is not immune to tort liability. However, the execution on the judgment, if obtained, is limited to non-trust funds. Moore v. … Grand Lodge I.O.O.F., 344 Ill. 1 , 100 N.E.2d 354 , the appellate court of Illinois affirmed a judgment by the lower court notwithstanding the verdict, for the reason that the plaintiff had failed to establish by proof that

Caveney v. Bower

207 Ill. 2d 82 · Illinois Supreme Court · May 8, 2003

Glisson, 202 Ill. 2d 499 (2002), the legislature has clearly indicated the “temporal reach” of every amended statute. … Clearly, the 1999 amendment to section 201(k) is a substantive change in the law, as it establishes an income tax credit for S corporation shareholders that previously did not exist.

Frolova v. Union of Soviet Socialist Republics

558 F. Supp. 358 · District Court, N.D. Illinois · Jan 26, 1983

The court need not, however, decide the FSIA issue 3 as it finds that the act of state doctrine clearly requires dismissal. … THE ACT OF STATE DOCTRINE The act of state doctrine was established in the 1897 case of Underhill v.

The People v. Niesman

356 Ill. 322 · Illinois Supreme Court · Apr 21, 1934

Section 7 requires that the hearing on the petition shall be by the court and a commission of two qualified physicians or one such physician and a qualified psychologist, residents of the county, to be selected by the judge … Due process of law implies the administration of equal laws according to established rules, not violative of the fundamental principles of private right, by a competent tribunal having jurisdiction of the casé and proceeding

Scanlan v. US, STATE FARM INS. CO.

743 F. Supp. 2d 813 · District Court, N.D. Illinois · Sep 22, 2010

The Federal Quiet-Title Act Waives Sovereign Immunity Sovereign immunity bars actions against the United States except in cases where Congress has statutorily waived the immunity. See United States v. … A subrogation right qualifies as a “lien” within the meaning of § 2410(a). Courts often refer to subrogation rights as giving rise to an equitable lien. See, e.g., In re Reliable Mfg.

Samoylovich v. Montesdeoca

2014 IL App (1st) 121545 · Appellate Court of Illinois · Aug 12, 2014

This clearly isn’t the case in this case. *** I would be doing a great disservice to the state of the law to actually grant this motion, and it would be clearly wrong. … To determine whether a lawsuit qualifies as a SLAPP, thus activating the Act’s protective mechanisms, the legislature articulated a test, the first part of which is contained in section 15 of the Act:

Wagner v. Board of Education of North Shore School District 112

2023 IL App (2d) 220277 · Appellate Court of Illinois · Mar 16, 2023

The District argued that it was immune under section 2-109 of the Tort Immunity Act because the actions of Schroeder and the Board were immunized under section 2-208. … The court concluded that “the factual allegations in the complaint do not establish that the [defendant] is immunized” under the Tort Immunity Act. Id.

Tzakis v. Maine Township

2020 IL 125017 · Illinois Supreme Court · Nov 19, 2020

Defendants responded that the new law established in Coleman should only be applied prospectively. … ¶ 29 As to the first factor, defendants correctly assert that Coleman clearly established a new principle of law by overturning decades of existing precedent.