Case law

American Federation of State, County & Municipal Employees, Council 31 v. Ryan

347 Ill. App. 3d 732 · Appellate Court of Illinois · Apr 6, 2004

Sovereign Immunity The defendants’ final contention is that the instant action is barred by sovereign immunity. We find no merit to this contention. … Sovereign immunity does not bar this action. III.

Tabora v. Gottlieb Memorial Hospital

279 Ill. App. 3d 108 · Appellate Court of Illinois · Mar 29, 1996

As stated earlier, plaintiff first contends that defendants have not established statutory immunity from civil damages arising from their actions in revoking plaintiff’s privileges. … With these principles in mind, we turn to plaintiff s argument that defendants have failed to establish statutory immunity.

Humphrey v. Demitro

931 F. Supp. 571 · District Court, N.D. Illinois · Jun 5, 1996

(2) whether a reasonable officer could have mistakenly believed that probable cause existed even if it did not (thus giving rise to qualified immunity under Maltby). … immunity is available (after all, the legal rule has long been clearly established, and as Boyce v.

Krueger v. Lewis

Appellate Court of Illinois · Jul 24, 2003

Defendant Zakos argued that his statement was privileged, but it is not apparent whether he sought protection of an absolute or qualified privilege. … Mere proof of failure to investigate without more cannot establish reckless disregard for truth; rather, a plaintiff must establish that the person uttering the statement entertained serious doubts as to its truth.

The People v. Matthews

18 Ill. 2d 164 · Illinois Supreme Court · Nov 18, 1959

Repeated questioning on cross-examination only served to bring out this fact more clearly. … establish that the narcotics were in the immediate and exclusive control of the defendant.

People v. Rutledge

45 Ill. App. 3d 779 · Appellate Court of Illinois · Feb 10, 1977

Not only was the statement clearly hearsay, but it was evidence of prior crimes or criminal misconduct. The rules regarding hearsay evidence and evidence of prior crimes are well known and need no citation. … In this case the testimony of Bill Aten was a significant factor in establishing the defendant’s alibi defense.

LaPorta v. City of Chicago

277 F. Supp. 3d 969 · District Court, N.D. Illinois · Sep 29, 2017

Third, whatever it demonstrates about the City’s knowledge of Kelly’s penchant for on-duty misconduct and off-duty drunken violence, the record does not clearly establish that the City was deliberately indifferent to the … And if Kelly did pull the trigger, then he could have no recourse to the kind of good faith or qualified immunity defenses that would otherwise suspend Heller’s operation.

Golden Rule Life Insurance Co. v. Mathias

86 Ill. App. 3d 323 · Appellate Court of Illinois · Jul 17, 1980

(h) The Examination was given by defendants without having been pre-tested in any meaningful way to determine how qualified applicants would respond to it or perform on it. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Thomas v. Dart

District Court, N.D. Illinois · Feb 18, 2025

The Court agrees that Defendants are entitled to qualified immunity. … A court’s analysis of qualified immunity depends on “two central questions: whether the officers violated [the plaintiff]’s constitutional rights and whether the rights they allegedly violated were clearly established

Ackerman v. Department of Public Aid

128 Ill. App. 3d 982 · Appellate Court of Illinois · Nov 16, 1984

Placing requirements upon an individual which are not authorized by statute is clearly a case of overreaching or exceeding authority as contemplated by section 14.1(b). … Stat. 1983, ch. 127, par. 1014.1(b)), it can be determined that the sovereign immunity argument of the State is devoid of merit.

Forsythe v. Clark USA, Inc.

361 Ill. App. 3d 642 · Appellate Court of Illinois · Sep 29, 2005

According to plaintiffs, those employees were not maintenance mechanics and not trained or qualified to work on the Isomax. … In fact, the fire was apparently caused by workers who were conducting maintenance on machinery that they were not trained or qualified to work on.

Goodwin v. McHenry County Sheriff's Department Merit Comm'n

Appellate Court of Illinois · Oct 24, 2000

The trial court initially granted defendants' motion to dismiss plaintiffs' complaint, holding that it was time-barred under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … Additionally, they were not approved or otherwise qualified by the Merit Commission and so do not qualify for the positions of merited deputy.

Gaston v. City of Danville

393 Ill. App. 3d 591 · Appellate Court of Illinois · Jul 17, 2009

They clearly were not there for any purpose related to the intended purpose of the stairway, i.e., allowing parking patrons access to the garage or the street. … Township of Wayne, 183 Ill. 2d 520, 524 , 702 N.E.2d 535, 537 (1998)), defendant also qualifies as a permitted user of the stairwell. III.

Romero v. The Village of Alsip

District Court, N.D. Illinois · May 10, 2024

Defendants are entitled to Qualified Immunity for Plaintiff’s Federal Claims Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … To defeat a qualified immunity defense, the burden is on the Plaintiff to demonstrate that the alleged violation of his rights was “clearly established.” Kemp, 877 F.3d at 351.

Alexander v. Villages of Round Lake Park & Round Lake

316 F. Supp. 3d 1056 · District Court, E.D. Illinois · May 16, 2018

immunity. … Because I conclude based on the foregoing that no constitutional violation occurred, I need not proceed further on the issue of qualified immunity. Defendants are entitled to summary judgment.

Lorton v. Brown County Community Unit School District No. 1

35 Ill. 2d 362 · Illinois Supreme Court · Sep 23, 1966

contest the validity of the monetary limitation of the statute, for in neither the original nor the amended complaints does she seek to recover more than the maximum amount recoverable thereunder, and “One of the most firmly established … Clearly where, as here, the legislation, in question specifically provides for severability should any section of the act be held unconstitutional (111. Rev.

Maldonado v. Metra

743 F. Supp. 563 · District Court, N.D. Illinois · Aug 1, 1990

Plaintiff’s claim of a cause of action for retaliatory discharge under § 1981 is clearly not actionable in light of Patterson v. McLean Credit Union, — U.S. -, 109 S.Ct. 2363 , 105 L.Ed.2d 132 (1989). … This element is the equivalent of the "qualified for the job” factor enunciated in McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. at 1824 .

Carmody v. Thompson

34 I.E.R. Cas. (BNA) 1042 · Appellate Court of Illinois · Oct 3, 2012

Sovereign Immunity ¶ 20 “The Illinois Constitution of 1970 abolished the doctrine of sovereign immunity ‘[e]xcept as the General Assembly may provide by law.’ ” PHL, Inc. v. … Under this authority, the legislature created the State Lawsuit Immunity Act (Immunity Act) (745 ILCS 5/0.01 to 1.5 (West 2010)). PHL, 216 Ill. 2d at 260, 836 N.E.2d at 356.

Crampton

District Court, C.D. Illinois · Apr 21, 2026

From the point Dusenberry was hit with the truck door, it was not clearly established that arresting Crampton for battery would violate the Constitution, so the Officers are protected by qualified immunity. … Wiley is also not entitled to qualified immunity.

Wilkerson v. County of Cook

Appellate Court of Illinois · Feb 25, 2008

Immunity Act. … Newsome's Pap smear slides could be present in cancerous, precancerous or normal conditions, she clearly testified that she never suspected a cancerous or precancerous condition.