Case law

Rouse v. Thompson

228 Ill. 522 · Illinois Supreme Court · Oct 2, 1907

We think the legislature clearly has the power to confer upon county boards and the board of election commissioners the power to establish election districts, and that it would have power to confer- upon such bodies the power … to establish delegate districts.

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.

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.

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

McKay v. City Of Chicago

District Court, N.D. Illinois · Jul 1, 2024

Nevertheless, at the pleading stage, dismissal based on a qualified immunity defense is appropriate when the allegations in the complaint fail to state a violation of clearly established law. See Hanson v. … The qualified immunity analysis, however, distinguishes between whether the officials violated a clearly established right and whether that right was clearly established in the first place. See Holderman v.

Taylor

District Court, N.D. Illinois · Sep 15, 2026

The defense of “qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.’” … Because the rights at issue here were clearly established, the Court declines to dismiss based upon Defendants’ qualified immunity defense. IV.

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.

Youker v. Schoenenberger

763 F. Supp. 361 · District Court, N.D. Illinois · Apr 23, 1991

Defendants bear the burden of establishing the legal insufficiency of the complaint. Yeksigian, 900 F.2d at 104 . … Tort Immunity Act Defendants also move to dismiss Count II based upon their purported immunity under II2-201 of the tort immunity act.

Carrillo v. Hamling

198 Ill. App. 3d 758 · Appellate Court of Illinois · Jun 20, 1990

Defendant’s section 2—619(a)(9) motion to dismiss plaintiff’s complaint relied heavily upon paragraph 12.6.1 of the Aurora police department general orders to establish that defendant was on duty at the time he injured plaintiff … Nevertheless, because defendant has so clearly misstated the law, we will address his contention that his mere status as plaintiff’s co-worker renders him immune from his common-law tort action.

Fryman v. JMK/Skewer, Inc.

137 Ill. App. 3d 611 · Appellate Court of Illinois · Oct 16, 1985

This hardly rises to the level of immediate responsibility which the fourth element endeavors to establish. … An immunity is a bar to liability when all elements of a cause of action have been established. We have already held that plaintiffs did not allege facts giving rise to a duty running from the county to them.

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.

Horsehead Corp. v. Department of Revenue

2019 IL 124155 · Illinois Supreme Court · Dec 1, 2020

A mixed question of law and fact is reviewed under the “clearly erroneous” standard. Id. at 143. … the established facts is or is not violated.

Throgmorton v. Reynolds

District Court, C.D. Illinois · Oct 25, 2022

The Defendants claim they are entitled to qualified immunity because the Fourth Amendment right at issue here was not clearly established at the relevant time because the Seventh Circuit’s en banc decision … To defeat the Defendants’ qualified immunity defense, Plaintiffs have the burden of demonstrating that the alleged violations of their constitutional rights were “clearly established.” Id.

Wallace v. Smyth

301 Ill. App. 3d 75 · Appellate Court of Illinois · Oct 21, 1998

Here, plaintiffs claims clearly arose out of Maryville’s supervision and discipline of Waketta. … Clearly, therefore, the parent-child tort immunity doctrine factors of legal and financial responsibility, which the majority relies upon to deny Maryville in loco parentis status, had no bearing on the in loco parentis status

In Re Envirodyne Industries, Inc.

174 B.R. 955 · United States Bankruptcy Court, N.D. Illinois · Sep 26, 1994

immunity. … What the proper standard of qualified immunity should be is therefore left for another day. D. Propriety of a Post-Confirmation Order Imposing a Release.

Zimmerman v. Village of Skokie

Illinois Supreme Court · Jun 18, 1998

We further observed in Barnett that “[s]ection 2–202 is not a general exception to all of the other immunities established by the Tort Immunity Act. … This statute clearly establishes a negligence standard of care. It is a more specific provision than section 2–202 and encompasses the allegations raised in the complaint.

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

Jamison v. City of Chicago

25 Ill. App. 3d 326 · Appellate Court of Illinois · Dec 20, 1974

Section 2 — 202 comes under “Article II — General Provisions Relating to Immunity” and is clearly general in nature. … Sections 4 — 102 and 4 — 107 are clearly sections granting specific immunities.

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.