Case law

Rafti v. Department of Human Services

2020 IL App (2d) 190983 · Appellate Court of Illinois · Sep 23, 2020

You’ve demonstrated your ability to understand written information, understand spoken information, do research, present clearly, read and understand, write clearly. … Evidence that training may be useful does not establish by a preponderance of the evidence that such training is necessary.

Jahn v. Troy Fire Protection District

255 Ill. App. 3d 933 · Appellate Court of Illinois · Jan 26, 1994

Legislation is presumed to be valid, and the party challenging the constitutionality of a statute bears the burden of establishing its invalidity. (DeLuna v. St. … Clearly, as the situation now stands, there is an invalid classification. The classification is of the kind expressly prohibited by supreme court authority.

Kelly v. United States

553 F. Supp. 2d 1038 · District Court, S.D. Illinois · Mar 13, 2008

Plaintiff has, however, failed to establish that the security officers at USP Marion were not making discretionary policy decisions when plaintiffs encounter with the inmate occurred. … Clearly, at least one guard was present at the time of the incident.

Krivokuca v. City of Chicago

2017 IL App (1st) 152397 · Appellate Court of Illinois · May 12, 2017

Alternatively, the City argued that it was immune by operation of section 2-109 of the Act, which grants public entities immunity for acts for which their employees are not liable (745 ILCS 10/2-109 (West 2014 … Id. ¶ 44 However, the Act clearly requires more than such “circumstantial evidence” of the nature of the injury to prove a municipality’s negligence liability.

Hicks v. Clark

107 F. Supp. 3d 905 · District Court, N.D. Illinois · Jun 4, 2015

type of argument of qualified immunity that sought to rest on a similar child abuse case that rejected legal responsibility on the part of a Wisconsin state agency (DeShaney v. Winnebago County Dep’t of Soc. … immunity in the fact-bound antecedents to De-Shaney, between foster parents and the appallingly non-maternal “mother” Jemmison.

Carr v. Koch

2011 IL App (4th) 110117 · Appellate Court of Illinois · Oct 28, 2011

The standards are not a state curriculum, but their “purpose is to clearly define essential knowledge and skills that students should have as a result of their schooling.” … However, “[s]chool districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section.” 105 ILCS 5/18-8.05(A)(4) (West 2010).

Frazier v. Harris

266 F. Supp. 2d 853 · District Court, C.D. Illinois · Jun 10, 2003

Davis Davis alleges that he was passed over for a position in the Detective Bureau in favor of a less qualified Caucasian. … The face of the Immunity Act controls the extent of the immunity.

Brown v. Cook County Forest Preserve

Appellate Court of Illinois · Nov 8, 1996

The trial court entered summary judgment in favor of the Forest Preserve, noting the absolute immunity provided by section 3-107(a) and section 3-107(b) of the Local Governmental and Governmental Employees Tort Immunity … To the contrary, the record establishes clearly that area where Brown fell was not the type of developed property that was at issue in Goodwin.

Flowers v. City of Springfield

District Court, C.D. Illinois · Aug 12, 2021

The Defendants further assert the officers are entitled to qualified immunity and immunity under the Tort Immunity Act. … right was clearly established at the time of the alleged violation.”

Holder v. Ivanjack

39 F. Supp. 2d 965 · District Court, N.D. Illinois · Mar 15, 1999

Holder, however, claims that DeRosa, Rodriquez, and the City are liable because DeRosa and Rodriquez’s conduct was willful and wanton and, thus, fits into an exception established by the Tort Immunity Act. … The legislature has clearly granted immunity in this case, thus, the "special duty doctrine” does not operate as an exception to the Tort Immunity Act. 7 .

Mazin v. Chicago White Sox, Ltd.

358 Ill. App. 3d 856 · Appellate Court of Illinois · Jul 18, 2005

App. 3d 1063, 1075 , 637 N.E.2d 506 (1994) (“governmental tort immunity under the Tort Immunity Act must be raised and pled as an affirmative defense or else it is waived”). … The tree and surrounding grate were clearly intended to beautify the walkway and interrupted the flow of traffic of the adjacent sidewalk. But our analysis does not end there.

People v. Newmark

312 Ill. 625 · Illinois Supreme Court · Jun 17, 1924

Spain, supra,) but if the proposed evidence has a tendency to incriminate the witness or to establish a link in the chain of evidence which may lead to his conviction, or if the proposed evidence will disclose the names of … We are clearly of the opinion that no statute which leaves the witness subject to prosecution after he answers the incriminating question put to him can have the effect of supplanting the constitutional guaranty.

Foster v. Municipal Officers Electoral Board

113 Ill. App. 3d 721 · Appellate Court of Illinois · Mar 30, 1983

App. 3d 1111 , 419 N.E.2d 628 , appeal denied (1981), 85 Ill. 2d 566 , cited by petitioners, is clearly distinguishable. … If the legislative purpose of section 10 — 5 was to prohibit confusion, the section should be amended to express clearly that intent. It is not the province of the courts to rewrite the section.

Zych v. Unidentified, Wrecked & Abandoned Vessel, Believed to Be the SB "Lady Elgin"

755 F. Supp. 213 · District Court, N.D. Illinois · Jan 4, 1991

Their actions speak clearly. They had no hope or idea they could locate the Central America, and even if they located it, they had no hope they could recover anything from it. … SCOPE OF THE JUDGMENT The Foundation further seeks an order establishing its ownership rights over the wreck as against the State.'

JMB Group Trust IV v. Pennsylvania Municipal Retirement System

986 F. Supp. 534 · District Court, N.D. Illinois · Dec 19, 1997

Furthermore, it clearly acts as an agent of the Commonwealth since all of the board’s members are either Commonwealth officials acting ex officio, or appointees of the Governor. … Although this determination is sufficient to establish that no diversity exists under 28 U.S.C. § 1332 , the court, under an Eleventh Amendment inquiry, must ask whether two exceptions apply to a state’s claim of immunity

Rivera v. Arana

322 Ill. App. 3d 641 · Appellate Court of Illinois · May 9, 2001

Genuine Issues of Material Fact A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file establish that no genuine issue as to any material fact exists and, therefore … App. 3d 553, 561 , 720 N.E.2d 360 (1999), the issue was what constituted an emergency call for purposes of the Tort Immunity Act.

DeSmet v. County of Rock Island

Illinois Supreme Court · Apr 20, 2006

Although section 4B102 of the Act does immunize a local public entity for its Afailure to establish a police department or otherwise provide police protection service@ (745 ILCS 10/4B102 (West 2002)), that portion of the … statute is not at issue here because the record in this case clearly shows that these governmental defendants rendered police protection service to the general public via their dispatch centers.

Sorrells v. City of Macomb

2015 IL App (3d) 140763 · Appellate Court of Illinois · Jan 29, 2016

The City also argued that it was immune from liability under section 2-104 of the Local Governmental and Governmental Employees Tort Immunity Act (Illinois Tort Immunity Act) (745 ILCS 10/2-104 (West 2012)) … (providing immunity to a local public entity for issuing a permit, license, certificate, approval, or similar authorization), section 2-105 of the Illinois Tort Immunity Act (745 ILCS 10/2-105 (West 2012)) (

Martinez v. Cook County Sheriff's Office

2017 IL App (3d) 160514 · Appellate Court of Illinois · Feb 5, 2018

that argument, defendants assert that (1) plaintiff did not state a claim for the assessment of a penalty against defendants under section 35 of the Withholding Act, since plaintiff did not (and could not) establish … The purpose of the section 35 statutory penalty is clearly to punish those who violate the Withholding Act and to deter future violations—not to compensate the recipient of support for the payments that he or

Foster v. O'Rourke

District Court, N.D. Illinois · Mar 29, 2023

To defeat qualified immunity, a plaintiff must establish that (1) “the official violated a statutory or constitutional right” and (2) “the right was clearly established at the time of the challenged conduct.” … To satisfy the clearly established prong of qualified immunity, the right allegedly violated must have been clearly established “in a more particularized, and hence more relevant, sense.”