Case law

Du Page Aviation Corp. v. Du Page Airport Authority

229 Ill. App. 3d 793 · Appellate Court of Illinois · Jun 5, 1992

The Consumer Fraud Act clearly makes an unusual distinction that the Act only applies to domestic and foreign corporations. … Section 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by any person acting “under color of any statute, ordinance, regulation, custom

Brinson v. Syas

735 F. Supp. 2d 844 · District Court, N.D. Illinois · Aug 4, 2010

The Supreme Court has established a two-part test for qualified immunity: “(1) whether the facts, taken in the light most favorable to the plaintiff, show that the defendant violated a constitutional right; and (2) whether … that constitutional right was clearly established at the time of the alleged violation.”

Vasallo

District Court, N.D. Illinois · Jan 6, 2026

Qualified Immunity Next, Defendant argues that he is entitled to qualified immunity because the undisputed facts do not demonstrate the violation of any clearly established … Because Plaintiff has not identified a violation of a clearly established right, Defendant is entitled to qualified immunity.

Manning v. Sweitzer

891 F. Supp. 2d 961 · District Court, N.D. Illinois · Jul 2, 2012

Given this uncertain state of the law, the Seventh Circuit found that the arrestee could not show that his clearly established constitutional rights had been violated, so the defendant officers were entitled to qualified … immunity.

Stephenson v. City of Chicago

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

“‘Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time … law,” and when an officer has arguable probable cause, then he does not violate clearly established law.

City of Park Ridge v. Clarendon American Insurance Co.

2017 IL App (1st) 170453 · Appellate Court of Illinois · Feb 5, 2018

Act (Tort Immunity Act) (745 ILCS 10/6-105, 6-106(a) (West 2004)) and remanded the case for further proceedings. … At trial, Park Ridge was ensnared by its earlier defense that it was entitled to immunity under the Tort Immunity Act (745 ILCS 10/6-105, 6-106 (West 2004)) because it had “provided no medical care of any kind

Vernon v. McGlone

District Court, N.D. Illinois · Apr 24, 2023

Defendants argue that they are "entitled to qualified immunity because there was no clearly established law that pretrial credits should be applied to defendants' consecutive sentences with the risk that double-credits … Thus, the availability of the qualified immunity defense turns on whether the relevant constitutional standard was "clearly established at the time of the alleged violation," from January 2009 through February 2022.

Casey v. Baldridge

15 Ill. 65 · Illinois Supreme Court · Nov 15, 1853

In this case, the declaration is clearly defective. It fails to show that the directors are guilty of any breach of duty. … The general allegation, that the plaintiff was le'gally qualified to teach the school, is not sufficient. The judgment is affirmed. Judgment affirmed.

Pullman Construction Industries, Inc. v. United States (In Re Pullman Construction Industries, Inc.)

142 B.R. 280 · United States Bankruptcy Court, N.D. Illinois · Jun 17, 1992

The Court added, “the fact that a preference is a consequence of the assessed penalties fails to establish the relationship necessary to waive immunity.” … Oxford Marketing is clearly distinguishable since the government's claim in Oxford arose out of a security interest, and the trustee’s claim arose out of the government’s action to collect on the debt.

McLean v. Rochford

404 F. Supp. 191 · District Court, N.D. Illinois · Sep 17, 1975

The questions were narrowly and specifically drawn, related to his duties 4 as a police officer and were clearly relevant to the subject matter of the investigation. … He may have meant that the State’s Attorney’s Office .was prepared to seek judicial immunity for plaintiff pursuant to Ill.Rev.Stat., ch. 38, art. 106 (1973), or he may have meant that the immunity would arise by operation

Spencer v. Illinois Community Action Association

164 F. Supp. 2d 1056 · District Court, C.D. Illinois · Sep 26, 2001

immunity, and because her claims against them are barred by the Eleventh Amendment to the United States Constitution. … Thus, Plaintiffs First Amendment claims fail for failure to establish that she was fired under color of state law.

Williams v. Brown Manufacturing Co.

93 Ill. App. 2d 334 · Appellate Court of Illinois · Mar 27, 1968

In its “Second Affirmative Defense,” defendant alleges that plaintiff was qualified as an operating engineer, held himself out to be qualified to operate the 468R Model trencher whereas in fact he had not operated one, that … Chicago Mastic Co., (CA 7th), 367 F2d 751, the plaintiff was clearly guilty of contributory negligence.

Ponto v. Levan

972 N.E.2d 772 · Appellate Court of Illinois · Jun 27, 2012

First, an employee may qualify for discretionary immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.” (Emphases in original.) … He clearly testified that the River Street and River Road projects were distinct undertakings.

Novak v. Hall

139 F. Supp. 3d 901 · District Court, N.D. Illinois · Sep 30, 2015

unedited transcripts, are protected by absolute judicial immunity. … or sovereign immunity).” 4 DeVito, 83 F.3d at 881 .

Phillips 66 Co. v. Edgar

164 Ill. App. 3d 63 · Appellate Court of Illinois · Dec 23, 1987

As we have stated, the evidence clearly showed plaintiffs agents intended that the 100% method be selected. … Defendants maintain they have a qualified immunity from suit under that legislation. We note that only injunctive relief is sought. (See Wood v. Strickland (1975), 420 U.S. 308 , 43 L. Ed. 2d 214 , 95 S. Ct. 992 .)

United States v. American Natural Gas Company

206 F. Supp. 908 · District Court, N.D. Illinois · Jul 24, 1962

The effect of this decision, however, is not so clearly dispositive of the instant motion as is the decision in Wise conclusive of the first motion. … However, it cannot be said at this juncture of the case that the government will be unable to adduce proof to substantiate the charges of the indictment or that the defendants will be able to establish that all of the acts

Hale v. Scott

252 F. Supp. 2d 728 · District Court, C.D. Illinois · Mar 17, 2003

Even if the court found a constitutional violation, the defendants would be entitled to qualified immunity. … If conduct is based on an objectively reasonable decision, qualified immunity does apply, even if that conduct is later determined to be wrong. Saffell, 183 F.3d at 658 .

People v. Lambert

60 Ill. App. 3d 280 · Appellate Court of Illinois · May 31, 1978

It was further established that he was testifying after being granted immunity from prosecution for his participation in the alleged crime. … The case of Holmes clearly holds that efforts to impeach a verdict on such grounds must fail.

People ex rel. Manning v. Nickerson

Appellate Court of Illinois · Oct 29, 1997

Clearly, the defendant's claims fall within the broad language of section 2--614(a) allowing any and all cross claims. … The Court of Claims Act established the Court of Claims and en­dowed it with the exclusive jurisdiction to hear cer­tain mat­ters. 705 ILCS 505/1, 505/8 (West 1996); Patzner v.

Piquard v. Board of Education of Pekin Community High School District No. 303

242 Ill. App. 3d 477 · Appellate Court of Illinois · Mar 19, 1993

Here, it was clearly the plaintiff’s responsibility under the terms of the collective bargaining agreement to challenge the seniority lists if her name did not appear on any list for which she was qualified and certified. … Carol Martin clearly had more seniority than the plaintiff.