Case law

In re Roe

720 F. Supp. 645 · District Court, N.D. Illinois · Aug 14, 1989

Such a proposition is clearly inconsistent with Fisher and Doe . … Clearly, the affidavit of the FBI agent is insufficient to establish that the government has anything more than a generalized knowledge of the nature of the category of documents it seeks to obtain.

Beyer v. City of Joliet

392 Ill. App. 3d 81 · Appellate Court of Illinois · Jun 2, 2009

Defendants argue that in order to fall within the Act’s limited exception to immunity, the plaintiff must qualify as a protected person by first obtaining an order of protection. … Therefore, we express no opinion as to whether plaintiff will ultimately be able to invoke the limitations on immunity provided by the Act.

Barnett v. Zion Park District

171 Ill. 2d 378 · Illinois Supreme Court · Apr 18, 1996

A fundamental flaw in their analysis is that it interprets section 3 — 108(b) as if that is what establishes the public entity’s basic immunity. … What section 3 — 108(b) does is to qualify the basic immunity contained in section 3 — 108(a) and create an exception to it. There is nothing ambiguous about the legislature’s intention.

Governmental Interinsurance Exchange v. Judge

356 Ill. App. 3d 264 · Appellate Court of Illinois · Mar 16, 2005

The above regulations clearly establish that, contrary to the dissent’s statement that “[i]t is incorrect to say that a broken yellow line is a passing zone” (356 Ill. … this immunity.

Mueller v. Community Consolidated School District 54

287 Ill. App. 3d 337 · Appellate Court of Illinois · Mar 24, 1997

Employees Tort Immunity Act (Tort Immunity Act). 745 ILCS 10/2—103, 2—104, 2—109, 2—201 (West 1994). … to dismiss established that the asserted defense is unfounded.

Campbell v. White

207 Ill. App. 3d 541 · Appellate Court of Illinois · Jan 23, 1991

As plaintiffs’ decedent and James Miller traveled eastward on Interstate 72, they did so at speeds well in excess of the established limit of fifty-five (55) miles per hour. … A police officer driving in hot pursuit of a violator of the law is clearly exercising a uniquely governmental function. In Robb v. Sutton (1986), 147 Ill.

In Re Folding Carton Antitrust Litigation

465 F. Supp. 618 · District Court, N.D. Illinois · Feb 16, 1979

Únder 18 U.S.C. §§ 6001 , et seq., the power to grant immunity clearly lies exclusively with the Executive. Ryan v. C. I. R., supra, 568 F.2d at 540 . … The first of these factors, by itself, would clearly be insufficient to make a prospective determination of “taint.” In United States v.

Campbell v. City of Chicago

577 F. Supp. 1166 · District Court, N.D. Illinois · Sep 22, 1983

It is clear from these decisions that the following elements must be established in order to achieve Parker immunity: the municipality must have acted pursuant to a clearly articulated and affirmatively expressed state policy … Rejecting the defendants’ argument that they were immune under Parker , the court concluded, in part, that there was no clearly articulated and affirmatively expressed state policy to displace competition in the provision

Eagan v. Chicago Transit Authority

240 Ill. App. 3d 784 · Appellate Court of Illinois · Dec 23, 1992

Section 4 — 102 of the Act reads: “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 service … Thus, plaintiff’s complaint clearly meets requirements (1) and (2) above, since it alleges that defendant was both aware of the danger and failed to respond to it.

Arquero v. City of Chicago

District Court, N.D. Illinois · Mar 27, 2025

Those facts are not material to the determination of whether qualified immunity applies because Defendants’ actions were reasonable and Plaintiff cannot establish that Defendants violated any clearly established right. … Even Assuming Defendants Violated a Constitutional Right, that Right was not Clearly Established Turning to the second inquiry under the qualified immunity umbrella, Plaintiff

Wendt v. Fathers

332 Ill. App. 618 · Appellate Court of Illinois · Dec 17, 1947

Clearly, charitable corporations should, as do private corporations, bear the cost of their tortious acts, and the rule of tort immunity which leaves an undeserved loss on an unfortunate individual should be abolished. ’ … The trend in these latter States is clearly toward unqualified responsibility. Justice Eobihsoh, concurring in Miller v. Sisters of St.

Donovan v. Fitzsimmons

90 F.R.D. 583 · District Court, N.D. Illinois · Jun 8, 1981

Wolfinbarger, supra, a panel of the Fifth Circuit qualified the application of the attorney-client privilege in suits brought by beneficiaries against their fiduciaries alleging breach of duty. … Rather, the immunity is subject to a good cause showing.

Boub v. Township of Wayne

291 Ill. App. 3d 713 · Appellate Court of Illinois · Sep 9, 1997

Illinois case law has clearly established that, under section 3—102(a) of the Act, vehicles, as defined by the Vehicle Code, are intended users of public streets, roadways, and highways and that, with narrow exceptions, pedestrians … Recognizing that the legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries that occur as a result of unintended uses of roadways, our supreme court has

Betts v. Department of Revenue

78 Ill. App. 3d 102 · Appellate Court of Illinois · Oct 18, 1979

As such it is barred by sovereign immunity and was properly dismissed. II. … This extraordinary remedy will be granted only when the right to it is clearly established. (Parsons v. Walker (1975), 28 Ill. App. 3d 517 , 328 N.E.2d 920 .)

DeSalle v. Wright

762 F. Supp. 229 · District Court, N.D. Illinois · Apr 11, 1991

Nor does this Court need to reach defendants' claim of qualified immunity as to Count II. … All the same, DeSalle would seem to have had an insurmountable task in obtaining damages (though perhaps not injunctive relief) on that claim — in demonstrating that defendants had violated a "clearly established" constitutional

Miller v. Phelan

845 F. Supp. 1201 · District Court, N.D. Illinois · Mar 25, 1993

(iv) Immunity Defendants ask us to consider whether they are immune from suit under §§ 1981 and 1983. … As such, the doctrines of absolute and qualified immunity, designed to protect officials from damages under certain circumstances, do not apply here.

Higgins v. Board of Education

101 Ill. App. 3d 1003 · Appellate Court of Illinois · Nov 17, 1981

Rather, two established teaching positions, one in French and one in English communications, were filled by nontenured teachers. The appellant was qualified to fill neither of these established positions. … That is clearly the law, but tenured teachers do not have the right to object to the incidental assignment of a single course to established teaching positions which they are unqualified to teach, thereby fractionalizing

People v. Martinez

62 Ill. App. 3d 7 · Appellate Court of Illinois · Jun 13, 1978

According to McCabe, defendant was offered such immunity but rejected it. … Considered as a whole, the evidence adduced by the State clearly defined the means, opportunity and motive for the Raymond homicide and serves to establish defendant’s role therein.

Corral ex rel. Corral v. Chicago Park District

277 Ill. App. 3d 357 · Appellate Court of Illinois · Dec 22, 1995

The Tort Immunity Act clearly identifies which elements of the common law the legislature intended to include in it. … App. 3d 972 , 482 N.E.2d 665 (issue of immunity never reached where plaintiff failed to establish a common law duty).) In Comastro v. Village of Rosemont (1984), 122 Ill.

Poelker v. MacOn Community Unit School District No. 5

212 Ill. App. 3d 312 · Appellate Court of Illinois · May 22, 1991

I The evidence submitted to the court at the time of the motion for summary judgment established Allen had been asked to measure the discus throws during the meet and to keep the records of the throws. … School districts are not immune from tort liability. (Molitor v. Kaneland Community Unit District No. 302 (1959), 18 Ill. 2d 11, 25 , 163 N.E.2d 89, 96 .)