Case law

Pryor v. Corrigan

District Court, N.D. Illinois · May 20, 2022

Police officers receive qualified immunity unless they (1) violated a federal statutory or constitutional right; and (2) the unlawfulness of the conduct was “clearly established” at the time. See Reichle v. … He has not come forward with any case law establishing that the officer violated clearly established case law when he took Pryor to the ground. Gupta does not fit the bill.

People v. Siciliano

4 Ill. 2d 581 · Illinois Supreme Court · Jan 21, 1955

If believed by them, it was ample to establish, beyond a reasonable doubt, the charges laid in the indictments. … In the case of Evans, immunity was granted, and he thereafter testified willingly.

Adams v. Baidwirn

District Court, N.D. Illinois · Oct 21, 2021

Qualified Immunity Finally, Defendants argue that they are immune from damages under the doctrine of qualified immunity, as the law they are alleged to have violated was neither clearly … Qualified immunity “‘shields officials from civil liability so long as their conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known.’”

Paine v. Johnson

689 F. Supp. 2d 1027 · District Court, N.D. Illinois · Feb 22, 2010

Qualified Immunity Finally, Defendants contend that they are shielded from liability by qualified immunity. … In sum, qualified immunity does not shield Defendants’ actions because there are genuine issues of material fact as to whether Defendants violated Eilman’s clearly established constitutional rights.

Du Page County Airport Authority v. Department of Revenue

358 Ill. App. 3d 476 · Appellate Court of Illinois · Jun 14, 2005

The new statutory language does not clearly alter the “broadly written exemption” upon which the supreme court based its conclusion that privately leased property could qualify for an exemption so long as its use otherwise … The disputed property cannot qualify for the first basis for exemption. F.

Houlihan v. City of Chicago

306 Ill. App. 3d 589 · Appellate Court of Illinois · Jun 30, 1999

Act (the Immunity Act) (745 ILCS 10/2 — 101 et seq. … TORT IMMUNITY ACT Plaintiffs next assert that the circuit court erred by holding that the Illinois Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) applied to this case. 745 ILCS 10/

Sassali v. DeFauw

Appellate Court of Illinois · Jun 16, 1998

The order is clearly directed only toward the sheriff and, on its face, does not authorize DeFauw to take any action. … I believe the certified question was more clearly answered in Marcus v. Liebman , 59 Ill.

McKenna v. Beezy

130 F.R.D. 655 · District Court, N.D. Illinois · Oct 25, 1989

immunity defense. … Plaintiffs clearly failed to exercise reasonable diligence in effecting service of process. Out of concern for Illinois’ policy, see, e.g., Muskat v.

Harris v. Chicago Transit Authority

299 Ill. App. 3d 152 · Appellate Court of Illinois · Sep 11, 1998

In support of her argument, plaintiff relies on cases interpreting the limitation provision of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1— 101 et seq. … by the Tort Immunity Act, because section 13 — 211 is more specific than the one-year statute of limitations provided in section 8 — 101 of the Tort Immunity Act.

Hamrick v. Lewis

539 F. Supp. 1166 · District Court, N.D. Illinois · Jun 1, 1982

In addition, defendants contend that the existence of probable cause and exigent circumstances aside, they acted in good faith as a matter of law, and that they are thus clothed with qualified immunity for their actions. … Defendants have also not established that as a matter of law they are entitled to the qualified immunity afforded to those public officials who act in good faith. Procunier v.

Anderson v. Smith

2026 IL 131714 · Illinois Supreme Court · Jun 25, 2026

acts immunized from, liability by the Act. … ¶ 25 We agree with Smith and the appellate court below that Ryan and its progeny misinterpreted Sandholm as establishing a strict “meritless and retaliatory” test.

Continental Fruit Co. v. Thomas J. Gatziolis & Co.

774 F. Supp. 449 · District Court, N.D. Illinois · Jul 25, 1991

Quite clearly, it does. Congress enacted PACA in order to protect the public interest. … "Congress directed the Secretary to establish the maximum time by which the parties to a transaction can agree payment must be made and still qualify for coverage under the trust.

Fullilove v. City Of Chicago

District Court, N.D. Illinois · Feb 12, 2025

And if there was even “arguable probable cause,” the Officers would be entitled to qualified immunity. Abbott v. … could have believed the arrest to be lawful, in light of clearly established law and the information the arresting officers possessed.”

Philadelphia Indemnity Insurance Co. v. Pace Suburban Bus Service

2016 IL App (1st) 151659 · Appellate Court of Illinois · Jan 18, 2017

Id. ¶ 27 To establish a right to equitable subrogation, Philadelphia bears the burden to establish the following: (1) that the defendant is primarily liable to the insured for a loss under a policy of … When the plaintiff filed her complaint, the Local Governmental and Governmental Employees Tort Immunity Act granted certain immunities to local public entities but such immunities were waived if an entity was

Suchy v. The City of Geneva

2014 IL App (2d) 130367 · Appellate Court of Illinois · May 20, 2014

from liability pursuant to section 3-110 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-110 (West 2012)). … (And there was clearly no economic compulsion here.) Thus, the deliberate-encounter exception, which, again, requires the presence of compulsion or impetus (Sollami, 201 Ill. 2d at 16-17), does not apply.

Moore v. Shapiro

293 F. Supp. 411 · District Court, N.D. Illinois · Oct 3, 1968

On August 5, 1968 plaintiffs filed nominating petitions signed by 26,500 qualified voters. … This grant clearly gives this Court jurisdiction to hear the matter before it.

Green v. Boedigheimer

District Court, N.D. Illinois · Sep 17, 2024

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … , Boedigheimer is entitled to qualified immunity.

Lucien v. Godinez

814 F. Supp. 754 · District Court, N.D. Illinois · Feb 22, 1993

Even if Lucien’s situation had presented a closer question, the absence of any clearly established right in the context of a policy such as Stateville's would still insulate Warden Godinez from suit on qualified immunity

Holocaust Victims of Bank Theft v. Magyar Nemzeti Bank

807 F. Supp. 2d 689 · District Court, N.D. Illinois · May 18, 2011

In the instant action, Plaintiffs have not pled facts that establish that their claims are untimely. … In addition, Plaintiffs have raised the argument that even if the takings excep *698 tion to sovereign immunity is not applicable to Plaintiffs’ claims, Magyar has implicitly waived immunity.

Rogers v. City Of Harvey

District Court, N.D. Illinois · Apr 27, 2023

Police officers enjoy immunity from liability as long as their conduct does not violate a clearly established right at the time of the officers’ actions. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … The qualified immunity inquiry involves the determination of two factors: whether the officer’s conduct violated a constitutional right, and whether the right was clearly established at the time of the alleged misconduct