Case law

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.

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

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 .)

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.

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.

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 .)

Feeley v. City of New York

362 F. Supp. 3d 153 · District Court, S.D. Illinois · Jan 23, 2019

Edrei was an interlocutory appeal from the denial of qualified immunity and the Second Circuit's jurisdiction was limited to the narrow question *159 of whether qualified immunity was established as a matter of law. … Edrei , which was an appeal from the denial of a pre-answer motion to dismiss on the grounds of qualified immunity, offers helpful guidance to district courts presented with Fourteenth Amendment excessive force claims.

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.

Bio-Medical Laboratories, Inc. v. Trainor

68 Ill. 2d 540 · Illinois Supreme Court · Oct 17, 1977

A challenge is also made on the grounds that plaintiff’s action is barred by the doctrine of sovereign immunity. … An examination of the Code’s provisions clearly indicates that defendant has been given no express authority to terminate or suspend vendors.

Oak Park National Bank v. Village of Broadview

27 Ill. 2d 151 · Illinois Supreme Court · Feb 1, 1963

“Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided further … It is not a right of citizenship nor one of the privileges and immunities of citizens of the United States. It involves no constitutional right which is violated by the mere curtailment or termination of its exercise.”

Poliny v. Soto

178 Ill. App. 3d 203 · Appellate Court of Illinois · Sep 23, 1988

Clearly, plaintiff’s argument is without merit. … To place such a burden on law enforcement would be clearly untenable.

Montag v. Board of Education

112 Ill. App. 3d 1039 · Appellate Court of Illinois · Mar 4, 1983

Kaneland Community Unit District No. 302 (1959), 18 Ill. 2d 11 , in abolishing the tort immunity of school districts, established a right to an action in negligence. … Stat. 1967, ch. 122, pars. 27 — 5 to 27 — 7), the classes in which [the plaintiffs] were injured are clearly ‘activities connected with the school program.’ ” ( 63 Ill. 2d 165, 172 .)

Clark v. United States

447 F. Supp. 172 · District Court, N.D. Illinois · Jan 30, 1978

This argument overlooks the long established constitutional exception to the doctrine of sovereign immunity. Larson v. Domestic and Foreign Corporation, 337 U.S. 682, 690 , 69 S.Ct. 1457, 1461 , 93 L.Ed. 1628 (1949). … Plaintiffs clearly have alleged a personal stake in the outcome of the controversy inasmuch as they seek to be included within a class receiving federal monetary benefits.

Zboralski v. Monahan

616 F. Supp. 2d 792 · District Court, N.D. Illinois · Aug 20, 2008

Defendants argue that they are entitled to qualified immunity. … Second, we ask whether the right was clearly established at the time of the alleged violation. Id 4 The Fourth Amendment protects the right of persons not to be subjected to unreasonable searches or seizures.

Slack v. City of Salem

31 Ill. 2d 174 · Illinois Supreme Court · Sep 25, 1964

Before any bonds may be issued, a majority of the qualified voters of the municipality voting at a special public policy referendum must approve their issuance. … As is stated in Borchard on Declaratory Judgments, 2d ed. 1941, p. 63, “But until the statute or ordinance is passed,' the claim of privilege or immunity would be premature.” (See City and County of Denver v.

Williams v. Chicago Board of Education

267 Ill. App. 3d 446 · Appellate Court of Illinois · Oct 24, 1994

Clearly, by its terms, the regulation does not so state. Rather, it simply requires that a rope be provided. … and Governmental Employees Tort Immunity Act.

Hudgens v. Dean

75 Ill. 2d 353 · Illinois Supreme Court · Jan 26, 1979

Following a bench trial, the circuit court found that prior to the State’s acquiring title, (1) the road had been established as a public highway by prescription; (2) the road became part of the village street system; and … Clearly, defendant’s decision to close the road was made in his official capacity.

Kane v. Board of Governors of State Colleges & Universities

43 Ill. App. 3d 315 · Appellate Court of Illinois · Nov 10, 1976

The plaintiff, however, is clearly incorrect in attempting such a comparison because our supreme court stated in Williams that: “Our views with respect to the immunity of local governmental units were stated in Molitor v. … These and no doubt numerous other considerations have impelled the General Assembly, in modifying the State’s immunity from suit, to establish the Court of Claims, and we cannot say that the classification of claimants thus

People v. Schaeffer

310 Ill. 574 · Illinois Supreme Court · Dec 19, 1923

Still established, without contradiction, the following facts: Appellant entered the American School of Osteopathy, at Kirksville, Missouri, in which Still was professor of surgery and chief surgeon of its hospitals, on January … discriminates against the osteopath and seems to place the examinations of osteopaths to practice osteopathy entirely at the will and discretion of a medical board, as no one other than those educated in the medical system are qualified

Lopez v. Fasana

District Court, N.D. Illinois · Mar 31, 2025

Qualified immunity protects government officials from civil liability if “their conduct does not violate clearly established stat- utory or constitutional rights of which a reasonable person would have known.” … To overcome the individual Defendants’ qualified-immunity defense, Lopez must allege that (1) “the official violated a statutory or constitutional right” and (2) “the right was clearly established at the time of the challenged