Case law

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.

Bergquist v. United States National Weather Service

849 F. Supp. 1221 · District Court, N.D. Illinois · Feb 28, 1994

The Fifth Circuit has similarly concluded that the NWS’ actions are immune from common-law tort liability for an alleged failure to accurately predict the weather, since the NWS functions are “clearly discretionary” in nature … This rule, which was established in part by the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”), covers federal as well as state and local agencies. Estate of Warner v.

Armstrong v. Corn Belt Bank

55 B.R. 755 · District Court, C.D. Illinois · Dec 11, 1985

Armstrong a non-farmer, thereby qualifying him for involuntary bankruptcy provisions, and the second (issued some 2 years later) finding him a Chapter 7 debtor subject to involuntary bankruptcy. … Armstrong was not generally paying his debts as they became due was clearly erroneous.

Ward v. Community Unit School District No. 220

213 Ill. App. 3d 1008 · Appellate Court of Illinois · Apr 23, 1991

” are immune. … It is well-established that a landowner is not liable to uninvited visitors for injuries resulting from open and obvious dangers on the premises.

VanHorn v. Stautz

297 Ill. 530 · Illinois Supreme Court · Apr 21, 1921

The plaintiff said he wanted immune hogs and did not say he wanted nothing but healthy hogs, and Hollis said he would furnish vaccinated or immune hogs. … In reversing a judgment for the plaintiff for the giving of this instruction it was said: “The instruction was clearly erroneous.

Doe v. Illinois Masonic Medical Center

Appellate Court of Illinois · Jun 1, 1998

Furthermore, that federal law mandates the establishment of an IRB in this experimental type of medical study does not negate the IRB's status as a hospital committee. … The IRB here qualifies as the type of committee covered by the Act.

Walker v. S.W.I.F.T. SCRL

491 F. Supp. 2d 781 · District Court, N.D. Illinois · Jun 12, 2007

Immunity under the International Emergency Economic Powers Act SWIFT first argues that the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. § 1701 , et seq, immunizes it from liability for its actions in * … Because the allegations of the Second Amended Complaint, and the relevant Article, do not themselves establish SWIFT’s IEEPA immunity, the court denies SWIFT’s motion to dismiss Plaintiffs’ claims on these asserted grounds

Sank v. Poole

231 Ill. App. 3d 780 · Appellate Court of Illinois · Jun 29, 1992

Thus, Poole was entitled to such immunity as is given to a public employee. … Remington Arms Co. (1990), 138 Ill. 2d 404 , 563 N.E.2d 397 , which placed strict requirements upon the proof necessary to establish wilful and wanton misconduct.

Michno v. Cook County Sheriff's Office

District Court, N.D. Illinois · Feb 6, 2018

The question a court must answer when a qualified immunity defense is raised is whether the defendant's conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known … violated a constitutional right, and (2) whether that right was clearly established at the time the conduct occurred."

Hagensick v. State

45 Ill. Ct. Cl. 1 · Court of Claims of Illinois · Jul 14, 1992

Therefore the immunity applicable to the Forest Preserve should also extend to the Respondent. … Respondent again asserts in the motion that the State is immune from liability under the Snowmobile Act.

Copeland v. Johnson

District Court, N.D. Illinois · Nov 30, 2020

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

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

Varela v. St. Elizabeth's Hospital of Chicago, Inc.

372 Ill. App. 3d 714 · Appellate Court of Illinois · Aug 7, 2006

The trial court found, however, that the school board was immunized from liability for its employee’s misconduct in part by section 2—201 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10 … /2—201 (West 2000) (Tort Immunity Act)) and dismissed the complaint.

Pindak v. Dart

125 F. Supp. 3d 720 · District Court, N.D. Illinois · Aug 27, 2015

Sheriffs Defendants urge that, even if they can establish a violation, Defendants are entitled to qualified immunity because Plaintiffs’ rights are not clearly established. … Because Plaintiffs’ First Amendment right to panhandle is clearly established, Sheriffs Defendants are not entitled to qualified immunity.

Murphy-Hylton v. Lieberman Management Services, Inc.

2015 IL App (1st) 142804 · Appellate Court of Illinois · Feb 23, 2016

(West 2010)) provided immunity for defendants. … Northern Illinois Gas Co., 211 Ill. 2d 32, 69 (2004)). “ ‘Any legislative intent to abrogate the common law must be clearly and plainly expressed, and we will not presume from ambiguous language an intent to

Lewis v. Northern Indiana Commuter Transportation District

898 F. Supp. 596 · District Court, N.D. Illinois · Jun 26, 1995

The legislation establishing commuter transportation districts describes them as municipal corporations, Ind.Code § 8-5-15-2, and the Indiana Tort Claims Act (ITCA) defines them as political subdivisions. … Clearly, the District’s board is not as closely controlled by the state as Purdue’s. Nonetheless, the state subjects it to substantial oversight in other ways.

Hoedebecke v. The City of Springfield

District Court, C.D. Illinois · Sep 1, 2022

But where the law was clearly established, both qualified immunity questions must be addressed. Id. i. … The “clearly established” prong of the qualified immunity inquiry is easily met for Plaintiff’s § 1983 false arrest claim.

Kidd v. Thomson Reuters Corp.

299 F. Supp. 3d 400 · District Court, S.D. Illinois · Oct 26, 2017

In November 2014, Kidd applied for a job as an Immunization Program Consultant with the GaDPH and agreed in writing to submit to a "criminal history and background check." (Pl.'s SOF ¶ 76). … A dispute qualifies as genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v.

Gass v. Metro-East Sanitary District

186 Ill. App. 3d 1077 · Appellate Court of Illinois · Aug 3, 1989

As water must flow and some rule in regard to it must be established where land is held under the artificial titles created by human law, there can clearly be no other rule at once so equitable and so easy of application … In essence, defendants maintain that the testimony of an expert is necessary for the plaintiffs to establish a prima facie case. However, the cases defendants cite for this proposition do not support it.

Silas v. Anderson

District Court, C.D. Illinois · Apr 12, 2023

Defendant Anderson is Entitled to Qualified Immunity. … Qualified immunity shields a public official unless the plaintiff can demonstrate that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged