Case law

Vance v. Rumsfeld

694 F. Supp. 2d 957 · District Court, N.D. Illinois · Mar 5, 2010

Qualified Immunity Rumsfeld argues that he is entitled to qualified immunity on all claims, including Count I. … The court determined that Rumsfeld and other high-ranking military officials were entitled to qualified immunity because they had not violated any clearly established right. Id. at 108-109 .

Steigmann v. DEMOCRATIC PARTY OF ILLINOIS

406 F. Supp. 2d 975 · District Court, N.D. Illinois · Dec 20, 2005

Qualified Immunity “Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional … In addition, Sheedy would be entitled to qualified immunity because Plaintiff did not establish that the alleged constitutional violation here was clearly established when Sheedy effected the non-renewal of Plaintiffs contract

Burdinie v. Village of Glendale Heights

139 Ill. 2d 501 · Illinois Supreme Court · Nov 30, 1990

He maintains that his complaint clearly alleges that he was a “beginner adult swimmer” and that defendant purportedly supplied a “qualified” swimming instructor. … This not only would run against the grain of the common law, but is clearly prohibited by the Tort Immunity Act. Ill. Rev. Stat. 1989, ch. 85, pars. 3-106, 3-108, 3-109.

Anton v. Sheriff of DuPage County, Ill.

47 F. Supp. 2d 993 · District Court, N.D. Illinois · May 5, 1999

Qualified Immunity Kretovic and Zamora argue that even if Anton’s constitutional rights were violated, they are entitled to qualified immunity. … Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against civil liability if “their conduct does not violate clearly established statutory or constitutional rights

Booker v. Ward

905 F. Supp. 483 · District Court, N.D. Illinois · Oct 13, 1995

Qualified immunity analysis is a two step inquiry: whether the law was clearly established and, if so, whether the conduct was objectively reasonable. Biddle v. Martin, 992 F.2d 673, 675 (7th Cir.1993). … If probable cause did not exist, the officers are nevertheless entitled to qualified immunity if their mistake as to the existence of probable cause for an arrest was reasonable despite the pertinent law that was clearly

Broadnax v. ABF Freight Systems, Inc.

180 F.R.D. 343 · District Court, N.D. Illinois · Jul 31, 1998

ANALYSIS The burden here is on the defendant to establish that the work product doctrine immunizes the documents at issue from discovery. U.S. v. … These are clearly course-of-business, in-house considerations that would be made in the wake of any trucking company accident.

Trout v. Frega

926 F. Supp. 117 · District Court, N.D. Illinois · May 2, 1996

The doctrine of qualified immunity shields government officials from civil liability when they perform discretionary functions to the extent that their conduct does not violate clearly established statutory or constitutional … Plaintiffs have the burden of showing that the right allegedly violated was clearly established for purposes of denying an officer qualified immunity from a claim under § 1983. Sledd, 864 F.Supp. at 827 .

People v. Evans

247 Ill. 547 · Illinois Supreme Court · Dec 21, 1910

It was clearly the intention of the framers of this constitutional provision that the appointing power,- in cases of all offices established by the constitution or created by law, should be vested in the Governor, unless … The language found in said section of the constitution, “and whose appointment or election is not otherwise provided for,” is plain and unambiguous; and clearly- indicates that if by the constitution an office is established

Hughes v. Jones

40 F. Supp. 3d 969 · District Court, N.D. Illinois · Apr 17, 2014

immunity because the alleged constitutional violation will rarely—if ever—be clearly established.”)). … But the clearly established inquiry is not so nebulous, as Brokaw itself made clear in rejecting the defendants qualified immunity defense in that case.

Taahira W. Ex Rel. McCord-Salley v. Travis

908 F. Supp. 533 · District Court, N.D. Illinois · Nov 20, 1995

“The doctrine of qualified immunity shields public officials ... from damages unless their conduct was unreasonable in light of clearly established law.” Elder v. … Also, as noted above, the facts alleged set out a violation of that clearly established constitutional right. On the issue of qualified immunity, the Camp case is distinguishable.

Cardwell v. Rockford Memorial Hospital

136 Ill. 2d 271 · Illinois Supreme Court · Apr 18, 1990

The trial court found that the statutes cited by White and the hospital established a qualified immunity. … The immunity was qualified, according to the trial court, in that it was not applicable where a party’s conduct was willful or wanton.

Viero v. Bufano

925 F. Supp. 1374 · District Court, N.D. Illinois · May 15, 1996

This argument is futile, however, because once defendants concede that the law is “clearly established” and that the plaintiff must prove deliberate indifference, the issue becomes fact-intensive and any concept of qualified … Because of the lack of factual development at the motion to dismiss stage, it is sometimes difficult to establish at that point that defendants are entitled to qualified immunity.

Hobbs v. Cappelluti

899 F. Supp. 2d 738 · District Court, N.D. Illinois · Sep 28, 2012

Heavener, 520 F.3d 678, 690-91 (7th Cir.2008) (a clearly established right is one where “there is a clearly analogous case establishing a right to be free from the specific conduct at issue or that the conduct is so egregious … was not a clearly established constitutional violation.

Washington v. City of Evanston

336 Ill. App. 3d 117 · Appellate Court of Illinois · Dec 19, 2002

Kloempken’s immunity from civil liability pursuant to the EMS Act and then consider St. Francis Hospital’s immunity. In 1996, St. … Francis Hospital’s SOPs or the established guidelines for breech delivery. The record shows that Dr.

Boyd v. Angarone

729 F. Supp. 1194 · District Court, N.D. Illinois · Jan 9, 1990

Qualified immunity is an affirmative defense that shields government officials who perform discretionary functions from liabil *1198 ity for civil damages insofar as their conduct does not violate clearly established constitutional … For a right to be “clearly established” for purposes of determining qualified immunity, the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that

Bennett v. Village of Oak Park

748 F. Supp. 1329 · District Court, N.D. Illinois · Oct 25, 1990

Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of … A qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context presented

King v. Avila

760 F. Supp. 681 · District Court, N.D. Illinois · Oct 27, 1989

Such an allegation involves the issue of qualified immunity. Qualified immunity exists because public officers require some form of immunity from suits for damages. Jackson v. Elrod, 881 F.2d 441 (7th Cir.1989). … ; and 2) were the constitutional standards clearly established at the time in question? Id. at 554 .

Fabiano v. City of Palos Hills

Appellate Court of Illinois · Nov 25, 2002

Qualified Immunity Defendants further argue that they enjoy qualified immunity from section 1983 liability because, even if they in fact lacked probable cause to prosecute Sandra Fabiano, they reasonably believed that they … "But if a reasonable officer would not have believed that the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity

Qvyjt v. Lin

953 F. Supp. 244 · District Court, N.D. Illinois · Feb 11, 1997

They further contend that, with respect to Count III, they áre entitled to qualified immunity, as it was not clearly established that professors at a public university violate a graduate student’s First Amendment rights when … ■Having concluded that plaintiff has rebutted the first prong of the qualified immunity defense, the court turns to the second prong — whether the constitutional standards were clearly .established at the time defendants

Money Market Pawn, Inc. v. Boone County Sheriff Duane Wirth

32 F. Supp. 3d 903 · District Court, N.D. Illinois · Jan 17, 2014

The doctrine of qualified immunity insulates government actors from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Livingston Cnty., Ill., 674 F.3d 874, 881 (7th Cir.2012) (“[Consulting a prosecutor may not give an officer absolute immunity from being sued ... but it goes far to establish qualified immunity-”).