Case law

Sanders v. Splittorf

District Court, S.D. Illinois · Jul 19, 2024

Qualified Immunity Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly … The qualified immunity test has two prongs: (1) whether the officer violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Ruhstrat v. People

49 L.R.A. 181 · Illinois Supreme Court · Apr 17, 1900

It is for the legislature to determine when an exigency exists for the exercise of this power, but what are the subjects of its exercise is clearly a judicial question. … The national government, in the exercise of its inherent power to establish a flag or emblem symbolic of national sovereignty, has passed sections 1791 and 1792 above referred to, and has thereby taken jurisdiction of the

Office of the Lake County State's Attorney v. Human Rights Commission

235 Ill. App. 3d 1036 · Appellate Court of Illinois · Sep 30, 1992

The question before us does not concern the absolute immunity doctrine discussed in Morton, and we need not discuss it further. … Indeed, the State’s Attorney specifically argued at the hearing on his motion for summary judgment that he was not interposing the defense of absolute immunity.

Rollins v. Ellwood

141 Ill. 2d 244 · Illinois Supreme Court · Nov 30, 1990

We found that recognizing Indiana’s sovereign immunity was appropriate in Schoeberlein because Illinois’ law of sovereign immunity was similar to Indiana’s law: in both States the amount of any recovery was limited and the … establishing that the police department is a State agency.

Allen v. Turner

District Court, N.D. Illinois · Sep 18, 2025

to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

National Organization for Women, Inc. v. Scheidler

765 F. Supp. 937 · District Court, N.D. Illinois · May 28, 1991

Even in Noerr, where immunity was granted, there was an agreement between commercial competitors in the long-distance freight hauling business. … In fact, the Second Circuit’s opinion in Ivic , relied on by the Eighth Circuit in Flynn , clearly states that a RICO enterprise "is evidently an organized profit-seeking venture.” Ivic, 700 F.2d at 60 .

United States v. Quintanilla

760 F. Supp. 687 · District Court, N.D. Illinois · Mar 4, 1991

Quintanilla’s alleged corrupt conduct clearly satisfies the relationship and continuity test articulated in H.J. … Although Mendeloff never promised Gutierrez that she would be immune from prosecution, he also did not clearly inform her that she would be prosecuted and that the information she provided could be used against her.

Peters v. Riggs

2015 IL App (4th) 140043 · Appellate Court of Illinois · Jun 18, 2015

establish that [the City] intended pedestrians to utilize Chestnut Street.” … Further, it has expressly stated that section 3-102(a) does not grant defenses and immunities and that “[i]mmunities and defenses are provided in other sections” of the Tort Immunity Act.

Abernathy v. United States (In Re Abernathy)

150 B.R. 688 · United States Bankruptcy Court, N.D. Illinois · Feb 16, 1993

Clearly, the Debtors have more than substantially prevailed in their dispute with the IRS. B.Was the United States’ position substantially unjustified? … However, it is well established in this circuit that, in ruling on substantial justification, the court can consider not only the United States’ in-court litigating position, but also the United States’ out-of-court position

McCann v. Lisle-Woodridge Fire Protection District

115 Ill. App. 3d 702 · Appellate Court of Illinois · Jun 21, 1983

Section 5 — 103(b) of the Tort Immunity Act provides that the fire protection district statute and the municipal fire department statute are exceptions to the provisions of section 5 — 103(b) that grant immunity to a local … App. 3d 683, 687 , the court pointed out that the fire protection district statute is an exception to the broad immunity granted under section 5 — 103(b) of the Tort Immunity Act and therefore, by implication, to the provisions

Evoy v. Illinois State Police

429 F. Supp. 2d 989 · District Court, N.D. Illinois · May 3, 2006

The Court established a two-part test to determine whether a statute may be applied retrospectively. … The court therefore determined that the plaintiff could not use his demotion to establish an ongoing violation of his procedural due process rights. Id.

Howard v. Village of Buffalo Grove, IL, The

District Court, N.D. Illinois · Jun 26, 2025

Government officials like the Officers are protected by qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome qualified immunity, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

The People v. Lawrence

390 Ill. 499 · Illinois Supreme Court · May 23, 1945

Defendant urges under his claim of immunity that privileges and immunities that are within the protection of the constitution of the United States are those “which owe their existence to the Federal government, its National … It is a question for the legislature to determine whether an evil exists and what means should be adopted to prevent it, and its acts will not be interfered with unless they are clearly in violation of some constitutional

Carr v. DeVos

369 F. Supp. 3d 554 · District Court, S.D. Illinois · Feb 25, 2019

OAG's investigation resulted in an assurance of discontinuance and the establishment of a restitution fund of over $ 9 million from SBI's parent company. ( Id. ). 2. … Madigan , 503 U.S. 140 , 144, 112 S.Ct. 1081 , 117 L.Ed.2d 291 (1992) ("[W]here Congress has not clearly required exhaustion, sound judicial discretion governs.").

Tosado v. Miller

Illinois Supreme Court · Oct 21, 1999

Immunity Act.” 293 Ill. … The plurality’s conclusion that section 8–101 of the Tort Immunity Act is the more specific statute represents an unwarranted and unprecedented departure from our well-established jurisprudence.

A.R. v. Chicago Bd. of Ed.

Appellate Court of Illinois · Dec 27, 1999

Section 4-102 provides, in pertinent part: "Neither a local public entity nor a local employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection … The conduct complained of in the present action clearly falls within the ambit of disciplinary conduct contemplated under section 34-84(a).

Staelens v. Yake

432 F. Supp. 834 · District Court, N.D. Illinois · May 6, 1977

The *837 immunity of judges for acts within their judicial discretion is well established; this rule was not abolished by the enactment of 42 U.S.C. § 1983 . Pierson v. … “[I]t has been frequently stated that allegations of conspiracy between private persons and public officials who are themselves immune from liability under the facts alleged are insufficient to establish liability of the

PHL Inc. v. Pullman Bank & Trust Co.

Illinois Supreme Court · Jun 3, 2005

The record establishes that the Treasurer did not act in June because she was going to let the Attorney General make the ultimate decision on her right to close. … Clearly, the record establishes that the Attorney General would not allow the Treasurer to proceed with this transaction.

Wilkins v. Williams

360 Ill. Dec. 321 · Appellate Court of Illinois · Apr 24, 2012

City of Bloomington, 204 Ill.2d 392, 398 , 273 Ill.Dec. 779 , 789 N.E.2d 1211 (2003)) and well-established rules of statutory construction ( People v. … support for this interpretation is found in the fact that when the legislature wanted to immunize the negligent operation of a motor vehicle, it clearly expressed its intent in the statute.

Roberts v. Broski

979 F. Supp. 746 · District Court, N.D. Illinois · Oct 3, 1997

immunity in his individual capacity. … The court finds no reason to discuss Broski's qualified immunity or mitigation arguments.