Case law

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.

Serpas v. Schmidt

621 F. Supp. 734 · District Court, N.D. Illinois · Jul 11, 1985

To establish this qualified immunity as an affirmative defense, the defendants must demonstrate that the searches of the named plaintiffs were authorized when they were made. … The standard requires the defendants to establish that their c'onduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Eubanks v. NORTHWEST HERALD NEWSPAPERS

397 Ill. App. 3d 746 · Appellate Court of Illinois · Jan 22, 2010

Once a qualified privilege is established, a communication is actionable only if the plaintiff can show that the defendant abused the privilege. Vickers, 308 Ill. App. 3d at 404 . … Generally, a plaintiff can establish abuse of a qualified privilege by showing actual malice. Gist, 284 Ill. App. 3d at 374 .

In Re Chicago Flood Litigation

308 Ill. App. 3d 314 · Appellate Court of Illinois · Sep 30, 1999

Clearly, this incident had the potential to disrupt maritime commerce on the Chicago River. … The first goal of being consistent with Reliable Transfer is clearly satisfied.

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.”

Wheaton v. Suwana

341 Ill. App. 3d 929 · Appellate Court of Illinois · Jul 15, 2003

Suwana was immune from suit. That inference is erroneous. Because of Dr. … Who Deducts and/or Pays for Insurance, Social Security, and Taxes The evidence in this case clearly established that insurance, social security, and taxes were all either funded or deducted by Union County Hospital on behalf

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.”

Euring

District Court, N.D. Illinois · Nov 17, 2025

Once the defense is raised, it is plaintiff’s burden to show that qualified immunity is barred because the allegations add up to a claim that a constitutional right was violated and the right was clearly established when … It is clearly established that an individual has a right against unreasonable searches and seizures under the Fourth Amendment. U.S. Const. amend.

Johnson v. Chicago Transit Authority

Appellate Court of Illinois · Jul 25, 2006

clearly foreshadowed. … established precedent that a plaintiff must strictly comply with section 41.

Robinson v. St. Clair County

144 Ill. App. 3d 118 · Appellate Court of Illinois · Jun 2, 1986

The county moved alternatively to strike plaintiff’s request for punitive damages since, under section 2—102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … However, the card itself does not establish entitlement.

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.

Brown

District Court, N.D. Illinois · Aug 11, 2026

right, and (2) the right was clearly established at the time of the challenged conduct.” … Qualified Immunity Defendant Mockler argues that he is entitled to qualified immunity on the unlawful seizure claim because, even if probable cause was lacking, a reasonable

Zander v. Carlson

2019 IL App (1st) 181868 · Appellate Court of Illinois · Nov 21, 2019

And it requires a union member to establish “intentional misconduct” by the union to prevail on such a claim. 5 ILCS 315/10(b)(1) (West 2018); see Knox v. … Whether it related to an ordinary grievance or a termination decision, the arbitration proceeding clearly was “part of the collective bargaining process.” Breda v.

See v. Illinois Gaming Board

446 Ill. Dec. 369 · Appellate Court of Illinois · Aug 18, 2020

, the state has waived sovereign immunity, or the suit is for prospective injunctive relief. … In Higgins, the Seventh Circuit noted the well-established rule that a state may waive its eleventh amendment immunity from being sued in federal court, and then, of course, the federal court can consider

Broeckl v. Chicago Park District

170 Ill. App. 3d 1063 · Appellate Court of Illinois · May 18, 1988

Section 26.3(g) provides that the Chicago Park District may “establish and collect fees for all facilities and services, and compensation for materials furnished. … The privileges and immunities clause reads as follows: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (U.S. Const., art. IV., §2.) In Baldwin v.

The PEOPLE v. Mason

28 Ill. 2d 396 · Illinois Supreme Court · Sep 27, 1963

This question called for an answer the witness was not qualified to give and prejudicially inferred to the jury that the State was duty-bound to call the informer as a witness. … However, the widest latitude should generally be allowed the defendant in cross-examination for the purpose of establishing bias. (People v. Naujokas, 25 Ill.2d 32 .)

Haeflinger v. City of Wood Dale

129 Ill. App. 3d 674 · Appellate Court of Illinois · Dec 31, 1984

App. 2d 282, 294 , 209 N.E.2d 878 ), our supreme court has held that any immunity from laches enjoyed by the State is of a qualified nature (Hickey v. Illinois Central R.R. … Co. (1966), 35 Ill. 2d 427, 448 , 220 N.E.2d 415 ), and is not an absolute immunity as maintained by defendant.

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

Dintelman v. Granite City Steel Co.

35 Ill. App. 3d 509 · Appellate Court of Illinois · Jan 28, 1976

We do not read that opinion, however, to be such a sweeping repeal of employer immunity, despite what may appear to be broad language in the Marcus opinion. … Instead, the relationship of the Workmen’s Compensation Act and the Structural Work Act is clearly set forth in Gannon, which found that the clear intent of our legislature was to establish the Workmen’s Compensation Act

Allen v. Chicago Transit Authority

198 F.R.D. 495 · District Court, N.D. Illinois · Jan 10, 2001

Work Product Doctrine As with the attorney-client privilege, the burden is on the discovery opponent to establish that the work product doctrine immunizes the documents at issue from discovery. U.S. v. … That is to say, the mere fact that a discovery opponent anticipates litigation does not qualify an “in-house” document as work product. Janicker, 94 F.R.D. at 650.