Case law

Floyd v. Rockford Park District

Appellate Court of Illinois · Jan 12, 2005

Now, if a plaintiff pleads facts sufficient to establish willful and wanton conduct as presently defined in section 1--210 of the Act, the public entity or public employee is not immune from liability. Packard v. … In conclusion, we hold that plaintiff failed to allege facts sufficient to establish willful and wanton conduct, and, thus, the trial court properly granted defendants' motion to dismiss based on the immunity conferred in

People v. Burnett

13 Ill. App. 3d 931 · Appellate Court of Illinois · Oct 2, 1973

Gloria and Henry were granted immunity from prosecution and all three were witnesses for the People in the case. … They there held that supportive testimony uncontradicted was clearly sufficient to justify the jury’s verdict, and so it is here.

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.

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 .

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.

Lutheran Church of Good Shepherd of Bourbonnais v. Department of Revenue

316 Ill. App. 3d 828 · Appellate Court of Illinois · Oct 13, 2000

“We have often held that property must be in actual use for the exempting purpose, to qualify for exemption. … The Department’s decision denying the Church’s application was clearly erroneous.

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 .

Barnes Ex Rel. Barnes v. Maytag Corp.

799 F. Supp. 926 · District Court, S.D. Illinois · Aug 3, 1992

Private action is immune from the restrictions of the fourteenth amendment. … The plaintiffs final argument is that the defendant has not complied with ERISA’s *933 procedural rules requiring the retirement plan (1) to establish “reasonable procedures to determine the qualified status of domestic relations

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.

People v. Henderson

2014 IL App (2d) 121219 · Appellate Court of Illinois · Aug 12, 2014

As such, the court found that the affidavit did not establish the availability of the alleged evidence and that the defendant’s claim was meritless. … . ¶ 31 The State argues that Phillips’ affidavit similarly does not qualify as newly discovered evidence, because he executed it at least four years after the incident for which Phillips had invoked his

Provena Covenant Medical Center v. Department of Revenue

236 Ill. 2d 368 · Illinois Supreme Court · Mar 18, 2010

The deficit claimed by Provena may therefore result primarily from the reduced rates insurers are allowed to pay, something which clearly would not qualify as charitable in nature. … In this case, the record clearly established that the primary purpose for which the PCMC property was used was providing medical care to patients for a fee.

Hess v. Board of Trustees of Southern Illinois University

149 F. Supp. 3d 1027 · District Court, S.D. Illinois · Dec 9, 2015

Defendants also presented a qualified immunity argument asserting that the law entitling Hess to the relief he seeks was not clearly established. Id. at 3. … Hess further claimed that the law clearly protected his rights; therefore, Defendants were not entitled to qualified immunity.

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.

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.

Lewis v. Dunne

63 Ill. 2d 48 · Illinois Supreme Court · Mar 18, 1976

The materials on file in this court adequately present a very narrow and clearly defined question of statutory construction as to which the pertinent facts are not in dispute. … Those papers, of which the statement of candidacy was a part, clearly stated the particular vacancy.

Auriemma v. City of Chicago

747 F. Supp. 465 · District Court, N.D. Illinois · Aug 31, 1990

MEMORANDUM OPINION AND ORDER HOLDERMAN, District Judge: On August 20, 1990 a divided en banc Seventh Circuit affirmed this court’s ruling that Superintendent of Police Fred Rice was not entitled to qualified immunity from … Rice qualified immunity on plaintiffs' claims under 42 U.S.C. § 1985 (3), was reversed by the Seventh Circuit. 2 .

State Farm v. Du Page County

2011 IL App (2d) 100580 · Appellate Court of Illinois · Jun 16, 2011

The court, explaining the purpose behind the immunity waiver rule, stated that, in the case of commercial insurance, “the immunity is waived since government funds are no longer in jeopardy and immunity … Thus, the village had not waived its immunities from the plaintiff’s lawsuit.

Board of Trustees of Policemen's Pension Fund v. Department of Insurance

42 Ill. App. 3d 155 · Appellate Court of Illinois · Oct 1, 1976

We agree with that proposition of law but must point out that here the words are qualified by the modifying clause “ ° ° ” over and above the salary established by the appropriation ordinance.” … It is our opinion that “merit pay” is qualified by, and the exclusion of “merit pay” is limited to that, “over and above the salary established by the appropriation ordinance.”

Walker v. City of Aurora

District Court, N.D. Illinois · Jul 25, 2025

An officer enjoys qualified immunity unless a plaintiff shows that the officer violated a clearly established constitutional right. See Sabo v. … Walker cannot overcome qualified immunity because he did not demonstrate a violation of a clearly established constitutional right. B.