Case law

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  • Tannenbaum v. Lincoln National Bank

    143 Ill. App. 3d 572 · Appellate Court of Illinois · May 14, 1986

    Although his right to appear pro se is well established, it is equally well established that when he does appear pro se, he must comply with the established rules of procedure. (Biggs v. … and Governmental Employees Tort Immunity Act (Ill.

    Cited 32 timesPublished
  • Dyson

    District Court, N.D. Illinois · Jun 2, 2026

    Qualified immunity protects public officials and employees “from liability for actions taken in the course of their official duties if their conduct does not violate ‘clearly established statutory or constitutional rights … Even if a question of fact exists as to whether the restrictions imposed on Plaintiff constituted “punishment,” Defendants nevertheless are entitled to qualified immunity because it was not clearly established that notice

    Cited 0 timesUnknown
  • Rios

    District Court, N.D. Illinois · Feb 18, 2026

    Finally, Guevara is entitled to qualified immunity on this claim, as it was not clearly established in 1989 that the fabrication of informants, who did not establish probable cause to arrest or to prosecute, was a constitutional … At minimum, Guevara is entitled to qualified immunity as it was not clearly established in 1989 that Guevara’s conduct under these circumstances would constitute a constitutional violation. IV.

    Cited 0 timesUnknown
  • Ries v. City of Chicago

    396 Ill. App. 3d 418 · Appellate Court of Illinois · Nov 25, 2009

    law is an established exception to the immunities granted by the Act. … and wanton conduct is an established exception to immunity protection provided by the Act.

    Cited 5 timesPublished
  • United States v. Andreas

    23 F. Supp. 2d 835 · District Court, N.D. Illinois · Jul 9, 1998

    The indictment clearly accuses the defendants of agreeing to the worldwide lysine price-fixing. … Immunity decisions are completely within the government’s discretion. United States v.

    Cited 8 timesPublished
  • People v. Lundeen

    30 Ill. App. 3d 21 · Appellate Court of Illinois · Jul 17, 1975

    Shephard, a friend of the defendant and a participant in the burglary with the defendant, was granted immunity and made a full statement of the involvement of himself and the defendant in the burglary. … Davis (5th Cir. 1974), 493 F.2d 502 , as authority for vacating his plea, but we find each to be clearly distinguishable from the case before us.

    Cited 7 timesPublished
  • Carver v. Sheriff of La Salle County

    Illinois Supreme Court · Feb 6, 2003

    own policies, but they lack authority to levy taxes or establish their own budgets. … The plain language of section 9–102 clearly expresses the legislature’s intent that this statutory provision is to apply equally to judgments or settlements.

    Cited 0 timesPublished
  • Pavelich v. All American Homes, Inc.

    239 Ill. App. 3d 173 · Appellate Court of Illinois · Dec 31, 1992

    The burden is on the employer to establish its limits of contribution liability. … It would also allow the employer complete immunity from contribution without any showing of actual liability under the Workers’ Compensation Act, a situation contrary to the facts of Koteoki, where the immunity granted implicitly

    Cited 4 timesPublished
  • Rockford Life Insurance v. Department of Revenue

    128 Ill. App. 3d 302 · Appellate Court of Illinois · Oct 26, 1984

    Therefore, while the Hickey court reiterated that qualified immunity from the estoppel doctrine was enjoyed by the State, it held that under these “extraordinary circumstances,” the State was estopped from asserting its latent … In M’Culloch, the Supreme Court struck down on the authority of the supremacy clause a State tax on the national bank which the government had established.

    Cited 3 timesPublished
  • In re Chi. Bd. Options Exch. Volatility Index Manipulation Antitrust Litig.

    390 F. Supp. 3d 916 · District Court, E.D. Illinois · May 29, 2019

    The Supreme Court has established a rebuttable presumption of reliance in two situations. The first, established in Affiliated Ute Citizens of Utah v. … Cboe argues that plaintiffs' negligence claim would clearly affect trading on or operation of a futures market.

    Cited 5 timesPublished
  • People ex rel. Peterson v. Pollock

    306 Ill. 358 · Illinois Supreme Court · Dec 19, 1922

    passage of any local or special law providing for the management of common schools, or for opening or conducting any election, or granting to any corporation, association or individual any special or exclusive privilege, immunity … Section 10 of article 5 provides for the appointment by the Governor of all officers whose offices are established by the constitution or may be created by law and whose appointment or election is not otherwise provided for

    Cited 5 timesPublished
  • Manuel v. Red Hill Community Unit School District No. 10 Board of Education

    324 Ill. App. 3d 279 · Appellate Court of Illinois · Aug 9, 2001

    Although the decision in McCuen established that the use of property, as opposed to the condition of property, is not provided immunity by section 3 — 106, the language used by the court is not decisive for this case because … Such language is clearly directed at the causation of injury. Section 2 — 101 is the only other section of the Act to define immunity in the terms of the phrase “liability *** based on.”

    Cited 10 timesPublished
  • Bogan

    District Court, N.D. Illinois · Dec 17, 2025

    To defeat Nailor’s qualified immunity defense, therefore, Bogan must identify a precedential case clearly establishing that the Eighth Amendment is violated where prison guards conduct an unclothed, visual inspection … But this 9 A decision of a district court, even this one, does not have the force of clearly established law for purposes of qualified immunity. Camreta v. Greene, 563 U.S. 692, 709 n.7 (2011).

    Cited 0 timesUnknown
  • Hossfeld v. Illinois State Board of Elections

    398 Ill. App. 3d 737 · Appellate Court of Illinois · Feb 24, 2010

    An administrative agency’s factual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident. City of Belvidere, 181 Ill. 2d at 204 . … Such restrictions and establishment of the periods of time involved are, within constitutional limitations, matters for legislative determination.” Sperling, 57 Ill. 2d at 86 .

    Cited 7 timesPublished
  • Lerma v. City of DeKalb

    District Court, N.D. Illinois · Mar 7, 2025

    As explained in more detail below, the court concludes that Defendants are entitled to qualified immunity on Plaintiff’s federal claims because Plaintiff has failed to establish that the Defendants’ conduct violated clearly … Neither case clearly establishes that Bollow’s use of force was objectively unreasonable.

    Cited 0 timesUnknown
  • Kole v. Village of Norridge

    941 F. Supp. 2d 933 · District Court, N.D. Illinois · Apr 19, 2013

    Defendants also argue that they are immune from liability under the Illinois Tort Immunity Act. … Defendants again argue that Pendant Count VIII(l) fails to state a claim and that they are immune from liability under the Illinois Tort Immunity Act.

    Cited 12 timesPublished
  • In Re Aircrash Disaster Near Roselawn, Indiana on October 31, 1994

    909 F. Supp. 1083 · District Court, N.D. Illinois · Nov 17, 1995

    Second, the legislative *1104 history underlying section 1441(d) seems clearly to confirm such an intent ... 36 F.3d at 1282 n. 17. … The instrumentality is typically established as a separate juridical entity, with the powers to hold and sell property and to sue and be sued.

    Cited 14 timesPublished
  • Chester Bross Construction Co. v. Schneider

    886 F. Supp. 2d 896 · District Court, C.D. Illinois · Aug 10, 2012

    See Verizon Md., Inc., 535 U.S. at 645 , 122 S.Ct. at 1760 (finding that a suit for injunctive relief seeking that state officials be restrained from enforcing an order in contravention of controlling federal law “clearly … Additionally, the proceedings before IDOT, unlike the proceeding in Grandco, are before an “established adjudicatory body.” Id. at 206.

    Cited 7 timesPublished
  • Torres v. City of Chicago

    123 F. Supp. 2d 1130 · District Court, N.D. Illinois · Dec 7, 2000

    The Illinois Tort Immunity Act provides that a public entity cannot be liable for “failure to establish a police department or otherwise provide police protection service, or, if police protection is provided, for failure … In 745 ILCS 10/4— 105, the Illinois legislature established immunity for merely negligent failure to provide medical care for prisoners in custody, but § 4-105 does not apply to willful and wanton failure to provide or summon

    Cited 6 timesPublished
  • Chapman v. United States Marshal

    584 F. Supp. 2d 1083 · District Court, N.D. Illinois · Nov 3, 2008

    immunity, and the statute of limitations. … immunity, and the statute of limitations. 5 (R. 44, Mot. to Dismiss.)

    Cited 1 timesPublished

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