Case law

Stehlik v. Village of Orland Park

2012 IL App (1st) 91278 · 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. See Hudson, 378 Ill. … the officer “was merely cruising around in his car”–an activity not subjected to immunity.

Tamalunis v. City of Georgetown

185 Ill. App. 3d 173 · Appellate Court of Illinois · Jun 28, 1989

These defenses included: (1) governmental immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1985, ch. 85, par. 1 — 101 et seq.) … Plaintiffs’ evidence clearly established that the overflow discharge is not treated and the creek is polluted. We have considered the O’Brien case cited by the City.

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.

Meek v. Springfield Police Department

990 F. Supp. 598 · District Court, C.D. Illinois · Jan 13, 1998

In addition, Chief Harris and Mayor Hasara assert that they are protected from liability based upon the doctrines of qualified-immunity and/or public official immunity. … Finally, Defendants claim that they are protected from liability based upon the doctrine of qualified immunity.

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.

Medina v. City of Chicago

100 F. Supp. 2d 893 · District Court, N.D. Illinois · Jun 16, 2000

Individual public employees are entitled, where applicable, to the defense of qualified immunity, see generally Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), but municipalities are not. … Thus when a plaintiff loses his claim against a police officer based on qualified immunity, he can still recover against the municipality if he can prove a constitutional deprivation caused by a municipal policy or custom

Foust v. Forest Preserve District

2016 IL App (1st) 160873 · Appellate Court of Illinois · Dec 19, 2016

Defendant further argued that the character of the trail established it as a “riding trail” under section 3-107(b). … walkers, joggers, roller bladers, bicyclists, etc.) establishes that if branch failure occurred, the target below would be the paved path and perhaps pedestrians who frequently use the subject trail.”

Strauss v. City of Chicago

2021 IL App (1st) 191977 · Appellate Court of Illinois · Mar 5, 2021

The only form of -9-  such a claim that is clearly established within the Seventh Circuit involves governmental actors who single out a citizen for differential … Immunity] Act.”

Chicago Bridge & Iron Co. v. Islamic Republic of Iran

506 F. Supp. 981 · District Court, N.D. Illinois · Nov 12, 1980

Because the Treaty of Amity does not cover personal jurisdiction, the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605 (a)(2), must control for purposes of establishing jurisdiction. H.R.Rep. … Notwithstanding plaintiff’s arguments to the contrary, the Act has clearly rejected the “doing business” or “mere presence in the forum” concept for the exercise of jurisdiction. Verlinden B. V. 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.

Czajkowski v. City of Chicago, Ill.

810 F. Supp. 1428 · District Court, N.D. Illinois · Jan 15, 1993

Also, these defendants are not entitled to qualified immunity. … They label their argument as one involving qualified immunity. Nothing is presented to change the previous conclusion that the law supporting the claims against Martin and Fogel was clearly established as of June 1988.

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.

Jackson v. Ogilvie

325 F. Supp. 864 · District Court, N.D. Illinois · Jun 21, 1971

Kusper, 435 F.2d 1046 (7th Cir. 1970), the court noted: “A state clearly has a substantial interest in administering its own local elections. … The Illinois Election Code establishes a two step qualification for a candidate of a political party.

First National Bank v. City of Aurora

71 Ill. 2d 1 · Illinois Supreme Court · Jan 20, 1978

The trial court made much of the immunity of governmental units in tort actions. … This court has clearly established the rule that once a governmental unit “adopts a plan in the making of public improvements,” it owes a duty to a plaintiff to maintain those improvements. (Johnston v.

Ramos v. WAUKEGAN COM. SCH. DIST.

188 Ill. App. 3d 1031 · Appellate Court of Illinois · Oct 2, 1989

Immunity Act. … We decline to follow Brock as there is clearly a distinction between a complaint which alleges negligence by a teacher in the supervision of a student and one which alleges negligence of a property owner in the maintenance

People v. Peterson

Appellate Court of Illinois · Feb 10, 2010

Ct. 1480 (1996), the United States Supreme Court rejected the notion that selective prosecution qualifies as an affirmative defense. … Defendant’s cross-appeal challenges the court’s pretrial rulings regarding discovery related to selective prosecution, defendant’s motion to dismiss the criminal charges based on federal preemption and immunity under the

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.

United States v. Kolb

161 B.R. 30 · District Court, N.D. Illinois · Nov 9, 1993

The government next argues that it has not waived its immunity to be sued for an award of attorney’s fees. … Moreover, with regard to the government’s claim that some of Kolb’s costs should not qualify as court costs under section 7430(c)(2), the court agrees with the bankruptcy court’s interpretation of section 7430(c)(1), which

Corbett v. County of Lake

2017 IL 121536 · Illinois Supreme Court · Aug 15, 2018

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving … But dissecting an individual word or phrase from a statutory provision and mechanically applying to it a dictionary definition is clearly not the best way of ascertaining legislative intent. See Whelan v.

Etherington v. Bankers Life & Casualty Co.

747 F. Supp. 1269 · District Court, N.D. Illinois · Aug 27, 1990

Each such booklet’s “Special Information” section provides that a qualified retiree may continue his or her insurance, 9 and *1275 those same sections clearly state (emphasis added): YOUR INSURANCE TERMINATES on the Monday … Nothing in the documents establishes retirement as a vesting point.