Case law

First National Bank & Trust Co. v. City of Rockford

47 Ill. App. 3d 131 · Appellate Court of Illinois · Mar 29, 1977

A permittee who delayed construction in the face of an impending amendment to the zoning laws might find that he had not progressed far enough in time to qualify for immunity; one who proceeded with unseemly haste ran the … “To eliminate the uncertainty and waste inherent in these rules, a number of municipalities enacted ordinances which predicated immunity from permit revocation upon some clearly defined action of a municipal agency.”

Luker v. Nelson

341 F. Supp. 111 · District Court, N.D. Illinois · Mar 29, 1972

The general rule of the doctrine of res judicata stated above must be qualified by the caveat that the judgment entered must be on the merits. … There exists, however, one well-established exception to the foregoing rule regarding private acts.

Sampson v. Federal Republic of Germany

975 F. Supp. 1108 · District Court, N.D. Illinois · Sep 10, 1997

FOREIGN SOVEREIGN IMMUNITIES ACT Under the United States Constitution, the sole power to establish the inferior *1115 federal courts vests with the United States Congress. U .S. Const, art. Ill, § 1. … In 1980 they established the Hardship Fund. (Id. at 4.) Finally, in 1990 they established the Article 2 Fund.

Mutter v. Madigan

17 F. Supp. 3d 752 · District Court, N.D. Illinois · Feb 13, 2014

its constitutional authority, may abrogate immunity in the drafting of a federal law; and (3) the doctrine established by the Supreme Court in Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), which “allows … Mutter has not established an implied contract with respect to the disciplinary process and has not established a violation of procedural due process rights.

Solaia Technology v. Specialty Publishing

Illinois Supreme Court · Jun 22, 2006

The second class encompasses conditional or qualified privileges where immunity is conferred because of Athe occasion upon which the allegedly false statement is published.@ Modern Tort Law '36:24, at 36B39. … However, once a defendant establishes a qualified privilege, a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a

Szczerbaniuk v. Memorial Hospital for McHenry County

180 Ill. App. 3d 706 · Appellate Court of Illinois · Mar 10, 1989

Insofar as section 10.2 clearly contemplates action by committees, we are hesitant to apply it to immunize conduct of an individual acting only pursuant to an informal delegation of authority by an uninformed committee. … Clearly no such committee participated in the decision with respect to plaintiff.

Rosiles v. Village of Round Lake Beach

District Court, N.D. Illinois · Mar 5, 2024

As for prone pressure, Defendants contend that they are entitled to qualified immunity because the force employed was reasonable, but that even if it was not, their actions were not clearly unlawful. … The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Wemple v. All Illinois Judicial Circuits

778 F. Supp. 2d 930 · District Court, C.D. Illinois · Apr 21, 2011

A claim may be dismissed as frivolous when the factual contentions are clearly baseless or when the claim is based on an indisputably meritless legal theory. Id. at 327 , 109 S.Ct. 1827 . … The State of Illinois has not waived its immunity under the Eleventh Amendment. See 745 ILCS 5/1.

People v. McCoy

2026 IL App (1st) 231052 · Appellate Court of Illinois · Mar 3, 2026

And in fairness, our own cases are not entirely immune from this error. In Westefer, 169 Ill. … So defendant has established error and deficient performance. ¶ 84 But defendant cannot establish prejudice from these errors.

Scoma v. Chicago Board of Education

391 F. Supp. 452 · District Court, N.D. Illinois · Nov 13, 1974

immunity under § 1983 for acts done in good faith, under Pierson v. … In that case, however, the Supreme Court conferred an immunity only from liability for damages; there was no indication whatsoever that such employees would be immune from equitable relief.

Suggs

District Court, N.D. Illinois · Jan 22, 2026

Finally, Koeppen argues that he is entitled to qualified immunity. A. Qualified Immunity Standard For Excessive Force Claims. … The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right.

Stehlik v. Village of Orland Park

359 Ill. Dec. 107 · Appellate Court of Illinois · Feb 17, 2012

. ¶ 23 However, several cases have recognized ordinary or routine police activities do not qualify as enforcement or execution of the law under section 2-202 of the Act. … merely cruising around in his car"—an activity not subjected to immunity.

Copes v. Northeast Illinois Regional Commuter Railroad Corporation

2015 IL App (1st) 150432 · Appellate Court of Illinois · Feb 23, 2016

The rules applicable to this task are well-established, and were recently outlined in Hendricks v. … The plain language of section 5.03 clearly differentiates between the Authority and transportation agencies such as NIRCRC, both in the initial immunity provision and in the second paragraph containing the statute

Alonso v. Weiss

98 F. Supp. 3d 956 · District Court, N.D. Illinois · Jun 10, 2015

Count III In count III, plaintiffs allege that Weiss breached her fiduciary duties in failing to hire a qualified investment advisor. … Although it is difficult to imagine that these circumstances could ever be demonstrated to be a breach of fiduciary duty, Weiss has not established that she is entitled to qualified judicial immunity on Count IX. 5.

Local 3236 of the Illinois Federation of State Office Educators v. Illinois State Board of Education

121 Ill. App. 3d 160 · Appellate Court of Illinois · Jan 13, 1984

Thus, plaintiffs seek to bring this action within the above-noted exceptions by placing the label “legal duty” on what is clearly a contractual obligation arising from the agreement, asserting that there is no difference … However, we need not decide here what precise powers are vested in the Illinois Court of Claims regarding contracts, for underlying plaintiffs’ arguments is the erroneous assumption that jurisdiction in this case may be established

Amor v. Cross

District Court, N.D. Illinois · Jul 31, 2024

That issue is resolved straightforwardly by qualified immunity.3 Qualified immunity insulates officers from liability unless they (1) violated a constitutional right and (2) the unlawfulness of their conduct was clearly … Qualified immunity having been raised, “[P]laintiff…bears the burden of demonstrating the violation of a clearly established right.” Purtell v. Mason, 527 F.3d 651, 621 (7th Cir. 2008).

Gallagher v. Union Square Condominium Homeowner's Ass'n

397 Ill. App. 3d 1037 · Appellate Court of Illinois · Jan 27, 2010

We conclude that the plain language of the Act does not provide immunity for injuries sustained on driveways. … Nor did it establish a test for determining whether surfaces not encompassed in the plain meaning of the term “sidewalk” nevertheless constitute a sidewalk for purposes of the Act.

People v. Carreon

162 Ill. App. 3d 990 · Appellate Court of Illinois · Oct 13, 1987

Shortly thereafter, Carreon also exited the establishment and went over to the blue car, asked the victims for a ride, and yelled to Amaya to join him. … Thus a witness, knowing that his own guilt is detected, may seek to shield himself from punishment by purchasing immunity or leniency by falsely accusing others and procuring their conviction.

Chapman v. Burton Berger & Associates, Ltd.

159 B.R. 812 · District Court, N.D. Illinois · Sep 16, 1993

Judge Smith is of course cloaked with absolute immunity for his judicial actions, a principle established well over a century ago in Bradley v. … to reflect that the "merits" of the case really do not matter once judicial immunity is established. 4 .

Murry Ex Rel. the Estate of Hill v. Sheahan

991 F. Supp. 1052 · District Court, N.D. Illinois · Jan 23, 1998

Act (“Tort Immunity Act”), 745 ILCS 10/8-101. … Although Plaintiffs clearly argued the Cleaver case to the presiding judge and the Cleaver case clearly supported the presiding judge’s ultimate ruling, the presiding judge did not explicitly rely on Cleaver in ruling on