Case law

Kaufman v. Board of Trustees, Community College District No. 508

552 F. Supp. 1143 · District Court, N.D. Illinois · Oct 8, 1982

The qualified immunity enunciated in Wood and Scheuer is phrased in the disjunctive, with both “objective” and “subjective” components. … Defendants acknowledge that the question of Shabat’s qualified immunity can be established on a motion for summary judgment, citing Butz v. Economou, 438 U.S. 478, 507-08 , 98 S.Ct. 2894, 2911 , 57 L.Ed.2d 895 (1978).

Lehman v. Stephens

148 Ill. App. 3d 538 · Appellate Court of Illinois · Oct 9, 1986

The United States Supreme Court has established the framework for analyzing any claim of a due process violation. … Act is clearly justified and is in no way inconsistent with the Illinois Constitution.

Platinum Partners Value Arbitrage Fund v. Chicago Board Options Exchange

976 N.E.2d 415 · Appellate Court of Illinois · Aug 10, 2012

Id. ¶ 38 The federal scheme of self-regulation grants SROs immunity in order to avoid the disruptive and unworkable situation of having 50 different states establish 50 different standards for SROs to … and distinguish this case from the well- established precedent that has found absolute immunity for an SRO’s announcement of its regulatory decisions and acts.

Milazzo v. O'Connell

980 F. Supp. 286 · District Court, N.D. Illinois · Oct 21, 1997

Our decision here would a fortiori find that the defendants are protected by qualified immunity from any damage claims that remain in this case. … While qualified immunity shields public officials sued for civil damages, the doctrine of qualified immunity as advanced by defendants would not bar an award of prospective relief. See Hernandez v.

Barry v. Retirement Board of the Firemen's Annuity & Benefit Fund

357 Ill. App. 3d 749 · Appellate Court of Illinois · Apr 29, 2005

We conclude that Bertucci establishes that a fireman’s widow may qualify for duty death benefits under section 6 — 140 of the Code if she demonstrates that her husband suffered a duty-related injury which either (1) caused … and that’s the purpose of the Tort Immunity Act and it seems to me that since the appellate court has taken that position, in these cases I am duty bound to follow that.

Hammond v. Illinois State Board of Education

624 F. Supp. 1151 · District Court, S.D. Illinois · Jan 10, 1986

Further, previous versions of this paragraph clearly required that the most recent teaching experience be in Illinois. … Although a discussion of the plaintiff’s privileges and immunities clause argument is unnecessarily based on the above, the Court deems it appropriate to make a few comments.

People v. Strawn

210 Ill. App. 3d 783 · Appellate Court of Illinois · Mar 21, 1991

The party challenging a statute has the burden of clearly establishing a constitutional violation. (People v. O’Donnell (1987), 116 Ill. 2d 517, 521 , 508 N.E.2d 1066, 1068 .) … Since the record establishes that defendant, while she has ties to Texas, is a resident of Illinois, the privileges and immunities clause is inapplicable to the present case.

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

Home Star Bank and Financial Services, etc. v. Emergency Care and Health Organization, Ltd.

2014 IL 115526 · Illinois Supreme Court · Apr 24, 2014

The term is clearly capable of being understood by reasonable persons in more than one way. … Here, those considerations clearly support a broad, flexible reading of the word “fee.”

Akemann v. Quinn

2014 IL App (4th) 130867 · Appellate Court of Illinois · Oct 2, 2014

After July 1, plaintiff continued to serve during the 60-day holdover period established by Public Act 97-719, as the Governor had not appointed a replacement. … Public Act 97-719 clearly intended to give the Governor exclusive authority to make all renewal appointments starting after it went into effect.

Salte v. YMCA of Metropolitan Chicago Foundation

Appellate Court of Illinois · Aug 2, 2004

Although some of the equipment normally found in an intubation kit was on the premises, the nurse did not bring it because she was not qualified to use it. … Additionally, although the complaint alleges that the paramedic was "duly qualified," the complaint fails to indicate whether the paramedic was certified and licensed and whether the paramedic was trained or qualified to

Fatigato v. Village of Olympia Fields

281 Ill. App. 3d 347 · Appellate Court of Illinois · May 17, 1996

The trial court’s order stated: "These facts do not fall within the 'special duty exception’ of the Tort Immunity Act as set forth in the established case law. [Citations.] … From the time plaintiffs filed their complaint, their position has clearly been that defendants acted in a willful and wanton manner as set forth in section 2 — 202 of the Tort Immunity Act. Ill. Rev.

Hollingsworth v. Menella

District Court, N.D. Illinois · Jul 19, 2024

of clearly established law.” … This is so, “[b]ecause qualified immunity defense so clearly depends on the facts of a case, a complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.” Reed v.

Horsehead Corp. v. Department of Revenue

2019 IL 124155 · Illinois Supreme Court · Nov 21, 2019

A mixed question of law and fact is reviewed under the “clearly erroneous” standard. Id. at 143. … the established facts is or is not violated.

Craft v. Robert Burns

District Court, S.D. Illinois · Mar 26, 2024

Additionally, prosecutors acting in investigative capacity may claim qualified immunity, which covers conduct that does not violate clearly established constitutional or statutory rights of which a reasonable person would … Finally, Plaintiff contends that he has established both that a constitutional right was violated, and that the right was clearly established, so qualified immunity does not apply.

Doe v. Burgos

265 Ill. App. 3d 789 · Appellate Court of Illinois · Aug 5, 1994

Although a positive test for Burgos will not conclusively establish that Doe is at risk, a negative test for Burgos will provide substantial reassurance for Doe. … Even where the donor is clearly identified, there is concern that blood samples may be switched, especially in labs dealing with many such samples.

Cooper v. Bi-State Development Agency

158 Ill. App. 3d 19 · Appellate Court of Illinois · Jul 9, 1987

Therefore, the instant order is clearly distinguishable from the orders involved in the cases cited by plaintiff. On appeal, orders must be interpreted in the context of the motions which accompany them. … Article II is entitled “General Provisions Relating to Immunity” and section 2 — 101 of the Tort Immunity Act (Ill. Rev.

Kucinsky v. Pfister

443 Ill. Dec. 792 · Appellate Court of Illinois · Jul 29, 2020

Mackoff, which had been clearly marked as legal mail. … ¶ 24 Kucinsky additionally alleged that on January 13, 2015, he received open legal letters from “an attorney” clearly marked as “legal.”

Peters v. Herrin Community School District No. 4

Appellate Court of Illinois · May 19, 2010

In the instant case, plaintiff pleaded sufficient facts to establish a duty under section 3-102(a) for the School District to protect Gene Peters. … The Illinois Supreme Court has clearly stated that there is recreational school property and nonrecreational school property. Bubb v.

Lunini v. Grayeb

305 F. Supp. 2d 893 · District Court, C.D. Illinois · Feb 27, 2004

Defendants raise the defense of qualified immunity. … Defendants are not entitled to qualified immunity as to this conspiracy claim for the same reasons they are not entitled to qualified immunity as to the equal protection claim.