Case law

Laster v. Chicago Housing Authority

104 Ill. App. 3d 540 · Appellate Court of Illinois · Feb 22, 1982

Plaintiff further argues that despite the settled law his complaint should not have been dismissed for the further reason that it alleged facts sufficient to establish a binding covenant on defendant’s part to repair the … Plaintiff’s contention that the fact that defendant had insurance constitutes a waiver of immunity is without merit.

Gosier v. Thompson

District Court, S.D. Illinois · Aug 4, 2025

In response, Green asserts qualified immunity because she believed that offenders could not receive duplicate copies at the time, and such right to have multiple copies was not clearly established in March 2018. … In analyzing an assertion of qualified immunity, “courts consider whether the facts alleged demonstrate a constitutional violation, and whether the constitutional right was clearly established.”

Rogy's New Generation, Inc. v. Department of Revenue

252 Ill. Dec. 193 · Appellate Court of Illinois · Dec 29, 2000

Language development was clearly supported in preemergent activities in literacy with children.” … Case law provides that to qualify for an educational exemption, a private entity must meet two prerequisites: (1) it must “offer a course of study which fits into the general scheme of education established by the State”;

Carlisle v. Lopresti

47 F. Supp. 2d 973 · District Court, N.D. Illinois · Apr 30, 1999

Having reached this conclusion, however, we must still consider whether Walsh and Lopresti are entitled to qualified immunity- C. Are Walsh and Lopresti entitled to qualified immunity? … Daley, 92 F.3d 521, 525 (7th Cir.1996) (finding that the qualified immunity inquiry “focuses on the objective legal reasonableness of the action, not the state of mind or good faith of the officials”)).

Tagliere v. Western Springs Park District

408 Ill. App. 3d 235 · Appellate Court of Illinois · Feb 25, 2011

Tort Immunity Act (745 ILCS 10/3—106 (West 2008)) (hereinafter Tort Immunity Act). … However, the legislature, in the amendment, clearly indicated that it requires the use of the statutory definition of willful and wanton to evaluate the conduct of public entities in Tort Immunity Act cases to the exclusion

Leonardi v. Chicago Transit Authority

Appellate Court of Illinois · Jun 30, 2003

She cites section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/3-102(a) (West 2000). … To qualify as a lease contract, "there must be an agreement as to the extent and bounds of the property, the rental price and time and manner of payment, and the term of the lease." Ceres Illinois, Inc. v.

Colatorti v. Republican Legislative Committee for the Twenty-Sixth Legislative District

2026 IL App (2d) 250230 · Appellate Court of Illinois · Apr 17, 2026

political department; or [(2)] a lack of judicially discoverable and manageable standards for resolving it; or [(3)] the impossibility of deciding without an initial policy determination of a kind clearly … “The mere fact that political rights and questions are involved does not create immunity from judicial review.” (Internal quotation marks omitted.) Kluk, 125 Ill. 2d at 323.

People v. Parker

113 Ill. App. 3d 321 · Appellate Court of Illinois · Mar 16, 1983

The vouchers were an exercise of control which established venue beyond a reasonable doubt. … under grants of immunity.

Weipert v. Illinois Department of Professional Regulation

337 Ill. App. 3d 282 · Appellate Court of Illinois · Feb 20, 2003

A party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. Toney, 318 Ill. App. 3d at 1198 , 744 N.E.2d at 356-57 . … Weipert has failed to carry his burden of clearly establishing section 75(a)(6) is not calculated to enhance the expertise of prospective licensees. E.

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.

Townsend v. City of Chicago

2019 IL App (1st) 180771 · Appellate Court of Illinois · Feb 5, 2021

for summary judgment. ¶ 22 Defendants, in turn, respond that the court properly found that they were immune from liability under the Tort Immunity Act because the record clearly establishes that Anderson was … immunity in its decision in Molitor v.

Alarm Detection Sys., Inc. v. Orland Fire Prot. Dist.

326 F. Supp. 3d 602 · District Court, E.D. Illinois · Aug 2, 2018

Clearly, the Villages intended that one alarm company be responsible for the reception of alarm signals in Orland FPD-a decision squarely within the Villages authority. … The fact that the Villages are immune begs the question of whether the Villages' immunity suffices to immunize their sibling governmental entity, Orland FPD.

Almaraz v. HALEAS

585 F. Supp. 2d 988 · District Court, N.D. Illinois · Oct 9, 2008

Also, this does not appear to be a case that will involve the type of legal issues that could result in a qualified immunity defense. … That is not the type of conduct for which qualified immunity would apply.

Cummings v. People

211 Ill. 392 · Illinois Supreme Court · Oct 24, 1904

“It is now a well established principle that the shares of the capital stock of corporations are personal property. … We think this proposition so well established that the citation of authorities in support of it is unnecessary. The language of the court in In re Eberle, 98 Fed. Rep. 197, is applicable to the present case.

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

Nickels v. Burnett

343 Ill. App. 3d 654 · Appellate Court of Illinois · Oct 20, 2003

Defendants properly note that the Act was clearly within the purview of the legislature to enact. … The plaintiff argued in favor of a public-policy-based interpretation of the Tort Immunity Act that would not immunize the defendant doctors.

Mister v. Illinois Central Gulf Railroad

790 F. Supp. 1411 · District Court, S.D. Illinois · Apr 22, 1992

Wade standard is designed for eases brought under § 1983, in which the plaintiff needs to overcome the defense of qualified immunity. … Whatever concerns the Seventh Circuit harbors over the absence of qualified immunity in actions against private actors under § 1981 appear to be satisfied in straightforward employment discrimination claims, since the law

Rittenhouse v. Board of Trustees of Southern Illinois University

628 F. Supp. 2d 887 · District Court, S.D. Illinois · May 28, 2008

Thus, Rule 12(b)(6) dismissal should be denied “if any facts that might be established within [a plaintiffs] allegations would permit a judgment for the plaintiff.” Duda v. … As set forth above, the two well-established exceptions to the rule of state sovereign immunity are state waiver and Congressional abrogation. Kroll, 934 F.2d at 907 .

Schmoeller v. Vill. of Island Lake

324 F. Supp. 3d 983 · District Court, E.D. Illinois · Jun 18, 2018

Schmoeller argues that he was much more qualified than Dickerson for the promotion. … That makes sense, however, only if the defendants actually knew that the unsuccessful applicant was more qualified (or were aware of the information that suggests one applicant was more qualified than the other), because

Peters v. BOARD OF EDUCATION OF RANTOUL TOWNSHIP HIGH SCHOOL DIST.

97 Ill. 2d 166 · Illinois Supreme Court · Jun 17, 1983

Quite clearly, the decision to combine the journalism course with certain English courses and the responsibility of supervising school publications, which was made long before the decision to dismiss Peters, was not motivated … Rather, two established teaching positions *** were filled by nontenured teachers. The [dismissed teacher] was qualified to fill neither of these established positions.” ( 101 Ill. App. 3d 1003, 1007 .)