Case law

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.

Hitzke v. Village of Mundelein

District Court, N.D. Illinois · Mar 5, 2021

Qualified Immunity Defendants argue that the Officers are entitled to qualified immunity because: (a) it was not clearly established at the time of Plaintiff’s alleged injury … right was clearly established at the time of the alleged violation.’”

Molitor v. Kaneland Community Unit District No. 302

29 Ill. App. 2d 471 · Appellate Court of Illinois · Apr 4, 1961

No. 302 (1959) 18 Ill. 2d 11 , 163 N.E.2d 89 clearly denies recovery to any plaintiff except Thomas Molitor and admits of no other interpretation, and that subsequent proceedings in the Thomas Molitor case in the Illinois … For this reason we feel justice will best be served by holding that, except as to the plaintiff in the instant case, the rule herein established shall apply only to cases arising out of future occurrences.”

Nisi v. Brown

369 F. Supp. 3d 848 · District Court, E.D. Illinois · Feb 22, 2019

of states or other well-established immunities or defenses under the common law. … There seems little reason to believe that in enacting the DPPA Congress was any more interested in abrogating well established principles of sovereign immunity than it was when it adopted § 1983 more than 100 years earlier

Bernabei v. County of La Salle

236 Ill. App. 3d 958 · Appellate Court of Illinois · Oct 14, 1992

Sections 5 — 205.1, 5 — 205.3, and 6 — 407 clearly are not safety measures enacted for the benefit of the public. … Plaintiff’s amended complaint also fails to establish that defendants’ conduct was the proximate cause of his injury.

Holum v. Morgan

236 Ill. App. 3d 594 · Appellate Court of Illinois · Oct 15, 1992

Both, however, had clearly expressed their desire (while still competent) that they not be kept alive artificially or allowed to linger. … The Act sets forth three qualifying conditions, which trigger the surrogate’s authority to act when one or more of the conditions is certified to exist by the attending physician and at least one other qualified physician

Martinkovic Ex Rel. Martinkovic v. Wyeth Laboratories, Inc.

669 F. Supp. 212 · District Court, N.D. Illinois · Aug 31, 1987

Illinois, even while requiring immunization against communicable diseases, Ill.Rev.Stat. ch. 122, It 27-8.1, ch. … This dispute in turn calls into question whether the package insert clearly conveyed the dangers of the vaccination or alerted Bangash to those risks.

Max M. v. Thompson

592 F. Supp. 1450 · District Court, N.D. Illinois · Sep 4, 1984

In Illinois, however, the immunity conferred on public officials generally is not absolute, but qualified. Id., at 191 , citing People ex rel. Munson v. Bartels, 138 Ill. 322 , 27 N.E. 1091 (1891). … To displace this qualified immunity, a claimant must show that the defendant official was negligent in the performance of ministerial duties or exhibited malicious and corrupt conduct in the performance of discretionary duties

Ross v. United States

697 F. Supp. 974 · District Court, N.D. Illinois · Aug 29, 1988

immunity. … Officials sued in their individual capacities can avoid liability for their unconstitutional acts under the doctrine of qualified immunity.

Max M. v. Illinois State Board of Education

684 F. Supp. 514 · District Court, N.D. Illinois · Apr 14, 1988

Clearly, the framework developed in Max M. … The Ms’ argument that local defendants failed to employ qualified special education teachers was also rejected by this court.

Boub v. Township of Wayne

Appellate Court of Illinois · Sep 9, 1997

Illinois case law has clearly established that, under section 3--102(a) of the Act, vehicles, as defined by the Vehicle Code, are intended users of public streets, roadways, and highways and that, with narrow exceptions, … Recognizing that the legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries that occur as a result of unintended uses of roadways, our supreme court has

Federal Housing Financing Agency v. City of Chicago

962 F. Supp. 2d 1044 · District Court, N.D. Illinois · Aug 23, 2013

FHFA responds that this action is ripe because the Ordinance clearly applies to FHFA as a “mortgagee.” 5 R. 36 at 22. … The Ordinance clearly requires FHFA to register and monitor all of the vacant residential buildings for which it is “mortgagee.”

Hampton v. City of Chicago, Cook County, Illinois

339 F. Supp. 695 · District Court, N.D. Illinois · Feb 3, 1972

It is now well established that an action for damages will not lie against a municipal corporation on these jurisdictional allegations. Monroe v. … This reasoning is nearly as well established in Anglo-American law as judicial immunity itself . . .”

Carr v. Koch

981 N.E.2d 326 · Illinois Supreme Court · Nov 29, 2012

Finally, the trial court found that the action against the Board was barred by the State Lawsuit Immunity Act (745 ILCS 5/0.01 et seq. … The statute expressly states that “[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).

Luss v. Village of Forest Park

377 Ill. App. 3d 318 · Appellate Court of Illinois · Nov 5, 2007

(West 2006)) (Tort Immunity Act) governs the question of liability. … There is no dispute that the Village of Forest Park and Officer Baker qualify as “a local public entity” and “a public employee,” respectively, within the meaning of the Tort Immunity Act (745 ILCS 10/4 — 105 (West 2006))

McKay

District Court, N.D. Illinois · Dec 3, 2025

“The doctrine of 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 … “Dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not state a claim of violation of clearly established law.” Hanson v.

Urban v. Village of Inverness

176 Ill. App. 3d 1 · Appellate Court of Illinois · Nov 18, 1988

Act (Tort Immunity Act) (Ill. … Clearly, the Village was under no duty to repair this damaged, crushed drain tile or to prevent any flooding which it caused.

United States Labor Party v. Rochford

416 F. Supp. 204 · District Court, N.D. Illinois · Dec 31, 1975

Furthermore, he is entitled to qualified immunity which has not been overcome by any pleading or affidavit. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974). … This is clearly the overly broad type of regulation which was held to be unconstitutional in Saia v. New York, 334 U.S. 558 , 68 S.Ct. 1148 , 92 L.Ed. 1574 (1948).

Johnson v. Halloran

Illinois Supreme Court · Dec 1, 2000

Having established defendants’ employment status, we must next consider whether and to what extent they are shielded by sovereign immunity. The doctrine of sovereign immunity was abolished by this court in Molitor v. … Such language does not indicate clearly the temporal reach of this Act.

United States v. Professional Sales Corp. (In Re Professional Sales Corp.)

56 B.R. 753 · District Court, N.D. Illinois · Dec 16, 1985

Generally, a district court must accept a bankruptcy court's findings of fact unless they are clearly erroneous. In re Neis, 723 F.2d 584, 588 (7th Cir.1983). … No. 98-353, 98 Stat. 333, this “clearly erroneous” standard of review applies only to "core” proceedings as defined in 28 U.S.C. § 157 (b)(2).