Case law

Palmer v. Mount Vernon Township High School District 201

207 Ill. Dec. 550 · Appellate Court of Illinois · Mar 8, 1995

In contrast, the school district was immune in Poelker because of vicarious immunity from the action or inaction of school officials in failing to adequately supervise a track meet in which the plaintiff was hit in the head … Our supreme court, in effect, has established two categories of activities with differing liability consequences.

First Nat. Bank of Effingham v. United States

565 F. Supp. 119 · District Court, S.D. Illinois · Jun 21, 1983

Second, defendant contends that by virtue of 28 U.S.C. § 2680 , it is absolutely immune from civil liability. … to promulgate uniform standards to which the state safety programs should conform to qualify for funding and federal approval.

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. O'DELL

84 Ill. App. 3d 359 · Appellate Court of Illinois · May 16, 1980

Clearly, McCarthy was entitled to rely on this firsthand observation by Crockett. … Any further cross-examination relating to home invasions in Kentucky would have been irrelevant, as there was no evidence that Kentucky ever gave Crockett immunity or that Illinois would have authority to give him immunity

Alwin v. Village of Wheeling

371 Ill. App. 3d 898 · Appellate Court of Illinois · Mar 12, 2007

In addressing the immunity question, this court rejected municipal defendants’ claim that they had discretionary immunity under the Act. … A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon any of the evidence.

Kielczynski v. Village of LaGrange, Ill.

122 F. Supp. 2d 932 · District Court, N.D. Illinois · Nov 15, 2000

With respect to the law, under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or … The qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context

Strauss v. City of Chicago

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

After Double Door was evicted, a zoning ordinance was enacted that changed the kinds of establishments that were allowed in the building. … The only form of such a claim that is clearly established within the Seventh Circuit involves governmental actors who single out a citizen for differential treatment with no objective rational basis for that difference

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.

Medina

District Court, N.D. Illinois · Mar 27, 2026

Qualified Immunity The Officer Defendants also argue that they are entitled to qualified immunity on Count I. … at issue was clearly established at the time of the alleged violation.’”

Dorn

District Court, S.D. Illinois · Apr 22, 2026

“To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time … However, qualified immunity is a conjunctive test, and failure upon either element grants qualified immunity to the prison official. See Thomas v.

Bagley v. Blagojevich

685 F. Supp. 2d 904 · District Court, C.D. Illinois · Jan 15, 2010

Lack of Evidence to Establish a Section 1983 Claim The Plaintiffs assert that because of the alleged corrupt scheme, the AFSCME Officials engaged in state action. … Given that the Court has already granted the motions by concluding that qualified immunity has been estab *912 lished, this issue has been previously disposed of.

Wood v. Village of Grayslake

229 Ill. App. 3d 343 · Appellate Court of Illinois · May 20, 1992

A dismissal on the pleadings is warranted only if it is clearly apparent that no set of facts can be proved which would entitle the plaintiff to recover. (Gouge v. … under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill.

New Heights Recovery & Power, LLC v. Bower

Appellate Court of Illinois · Mar 9, 2004

The Act directed electric utility companies to enter into 20-year contracts to buy electricity from qualified solid waste energy facilities (labeled with the acronym QSWEF) at a "retail rate" that was higher than the market … The supreme court, relying on section 4 of the Statute on Statutes, held the amendment applied prospectively because it constituted a substantive change in the law by establishing a tax credit for S corporation shareholders

Ruff v. Han

District Court, N.D. Illinois · Sep 30, 2024

“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 person would have … established Fourth Amendment rights such that they would not be protected by qualified immunity.

Western Waterproofing Co. v. Springfield Housing Authority

669 F. Supp. 901 · District Court, C.D. Illinois · Sep 22, 1987

The Court simply stated: “There is clearly no waiver of sovereign immunity here.” Noslo, 739 F.2d at 1290. … Defendant also asserted immunity under the Tort Immunity Act of Illinois. This is clearly wrong.

Torf v. Chicago Transit Authority

405 Ill. App. 3d 379 · Appellate Court of Illinois · Nov 12, 2010

As such, the CTA argued that it was immune from liability under section 27 of the Act. … That evidence, viewed in the light most favorable to plaintiff, established that the situation in the train was chaotic.

Egan v. City of Aurora

174 F. Supp. 794 · District Court, N.D. Illinois · Jun 10, 1959

This is the area of common law immunity. In Tenney v. … Municipal council members and similar subordinate legislative bodies have been accorded qualified immunities. Nelson v. Knox, supra; Cobb v. City of Malden, 1 Cir., 202 F.2d 701 .

Contreras v. City of Chicago

920 F. Supp. 1370 · District Court, N.D. Illinois · Mar 29, 1996

(ii) Qualified Immunity & Absolute Legislative Immunity It is equally clear that defendants Schulter and Shoenberger are not entitled to qualified immunity or absolute legislative immunity with respect to the allegations … “Government officials sued in their individual capacities are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of *1398 which a reasonable person

Cullotta v. Cullotta

287 Ill. App. 3d 967 · Appellate Court of Illinois · Mar 27, 1997

She further contends that her second amended complaint states facts establishing a breach of that duty and injuries to the minor plaintiff proximately resulting from that breach and concludes that a good and sufficient cause … Clearly and without equivocation, the supreme court in Stallman held that no legally cognizable duty is owed on the part of a pregnant woman to exercise reasonable care to avoid inflicting unintentional harm upon her developing

Lazenby v. Mark's Construction, Inc.

236 Ill. 2d 83 · Illinois Supreme Court · Jan 22, 2010

In the statute at issue, the legislature clearly expressed its intent that the statute be given retroactive effect. … The immunity provided by the fireman’s rule is similar to the immunity found to be a “vested right” in Henrich.