Case law

People Ex Rel. Hoagland v. Streeper

12 Ill. 2d 204 · Illinois Supreme Court · Sep 20, 1957

A writ of mandamus need not issue to establish this principle of law. The question remains, however, whether the State’s absence voids the jurisdiction of the court. … “This principle is conceded in all the cases, and whenever it can be clearly seen that the State is an indispensable party to enable the court, according to the rules which govern its procedure, to grant the relief sought

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

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.

Jain v. Butler Illinois School District 53

District Court, N.D. Illinois · Mar 12, 2019

qualified- immunity ground is dispositive, so the Court need not reach the merits.5 In general, qualified immunity shields public officials from liability for civil damages “‘insofar as their conduct does not violate clearly … alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly established at the time of the defendant’s alleged misconduct.”

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.)

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 .

People v. Turner

36 Ill. App. 3d 77 · Appellate Court of Illinois · Feb 18, 1976

Regardless of the difficulty in establishing the precise time, each witness clearly and consistently maintained that the defendant had committed the acts they described, and on this point they did not waver under the close … The defendant argues that his counsel assisted the prosecution witness in securing immunity for his testimony.

Intercon Solutions, Inc. v. Basel Action Network

969 F. Supp. 2d 1026 · District Court, N.D. Illinois · Aug 28, 2013

The Act grants two forms of immunity: absolute immunity pursuant to RCW 4.24.510 (“Section 510”) and conditional immunity pursuant to RCW 4.24.525 (“Section 525”). … Both entities qualify as agencies of either state or federal government.

STATE FARM MUT. AUTO. v. Du Page County

352 Ill. Dec. 891 · 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 would inure to the … Thus, the village had not waived its immunities from the plaintiff's lawsuit.

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.”

Finn v. Project Resource Solutions, LLC

258 N.E.3d 20 · Appellate Court of Illinois · Jun 11, 2024

First, they claim the jury verdict must be reversed because the court failed to properly instruct the jury regarding the law of defamation, particularly on the issue of qualified immunity. … Once a defendant establishes a qualified privilege, however, a plaintiff must show malice—that is, a direct intention to injure the plaintiff or a reckless disregard of the plaintiff’s rights and the resulting harm to the

Gecht v. Guevara

District Court, N.D. Illinois · Sep 26, 2024

The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, resolution at this stage is appropriate when qualified immunity turns on the second prong—whether the constitutional right at issue was clearly established at the time it was allegedly violated—because it is

Kwil v. Guevara

District Court, N.D. Illinois · Sep 26, 2024

The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, resolution at this stage is appropriate when qualified immunity turns on the second prong—whether the constitutional right at issue was clearly established at the time it was allegedly violated—because it is

Estate of Warner v. United States

743 F. Supp. 551 · District Court, N.D. Illinois · Jul 3, 1990

This District Court has established a task force to assist in the disposition of more-than-three-year-old cases on the calendars of any of the judges in this District. … If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training

Bullock v. Dioguardi

847 F. Supp. 553 · District Court, N.D. Illinois · Apr 30, 1993

Defendants also advance a qualified immunity defense. … Defendants assert that they acted properly at all times and did not violate any clearly established right. Gerstein itself, however, defeats defendants’ claim to a qualified immunity defense.

Bouto v. Guevara

District Court, N.D. Illinois · Sep 30, 2024

To reiterate, the doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … al-Kidd, 563 U.S. 731, 741–42 (2011) (a district court’s “footnoted dictum” did not clearly establish the law for purposes of qualified immunity).

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

Smith v. Portwood

District Court, N.D. Illinois · Jun 28, 2022

Qualified immunity Defendants argue they are not liable based on the doctrine of qualified immunity. … The district court also concluded that defendants were not shielded by qualified immunity as to the clearly established requirement without discussing an analogous case identifying the right.

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

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.