Case law

Devon Bank v. Department of Transportation

95 Ill. App. 3d 690 · Appellate Court of Illinois · Apr 21, 1981

The legislature has thus clearly consented to waiver of sovereign immunity in circumstances falling within the scope of section 4 — 211. … However, the record established that southbound traffic from Waukegan Road does have indirect access to Bank property through the traffic pattern established by IDOT.

Clark v. A. Bazzoni & Co., Inc.

7 Ill. App. 2d 334 · Appellate Court of Illinois · Nov 10, 1955

Plaintiff is not attempting by introduction of these statements to establish either the fact of agency or the liability of the corporation as Ufnowski’s principal. … It is not the purpose of the statute, which grants immunity to Ufnowski’s estate from testimony by the plaintiff, to extend this immunity to the defendant corporation but to protect the estate against false claims.

United States Dental Institute v. American Association of Orthodontists

396 F. Supp. 565 · District Court, N.D. Illinois · Jun 6, 1975

Such training would further qualify them as orthodontists. … Virginia State Bar, supra, since the court in that case very carefully established a “limited immunity” under the learned profession exemption: “The exemption is not a personal immunity from prosecution, but is rather a recognition

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

Meins v. Meins

288 Ill. 463 · Illinois Supreme Court · Jun 18, 1919

part of the testator to thus qualify the estate granted. … That case, however, does not contravene the rule, well established in this State, that where other provisions of the will clearly show an intention on the part of the testator to limit a fee the will must be so construed.

Campbell v. City of Chicago

639 F. Supp. 1501 · District Court, N.D. Illinois · Jul 28, 1986

All of this is well-established law. Pursuant to these broad powers, the City enacted the first comprehensive taxicab ordinance in 1934. … within the Noerr-Pennington immunity.

Helia Healthcare of Belleville, LLC v. Norwood

2017 IL App (1st) 152755 · Appellate Court of Illinois · May 12, 2017

We conclude that the language of section 5-5b.1 clearly provides for a simple cap on the amount of reimbursement reductions to be made. … Accordingly, the plaintiffs have not established that the officer suit exception to sovereign immunity applies. ¶ 32 As the plaintiffs have offered no other exception to the application of sovereign immunity

Morton v. City of Chicago

286 Ill. App. 3d 444 · Appellate Court of Illinois · Jan 22, 1997

Pursuant to the immunity provided by section 2—202 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2—202 (West 1994)), the trial judge granted summary judgment in favor … In order to establish that the jury’s verdict was against the manifest weight of the evidence, the plaintiff must show that "the opposite conclusion is clearly evident or the findings of the jury are unreasonable, arbitrary

Brown

District Court, S.D. Illinois · May 14, 2026

Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly established constitutional rights of which a reasonable person … that the officer’s conduct violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Wheaton v. Suwana

Appellate Court of Illinois · Jul 15, 2003

Suwana was immune from suit. That inference is erroneous. Because of Dr. … Who Deducts and/or Pays for Insurance, Social Security, and Taxes The evidence in this case clearly established that insurance, social security, and taxes were all either funded or deducted by Union County Hospital on behalf

Dist. Attorney of N.Y. Cnty. v. Republic of the Phil.

307 F. Supp. 3d 171 · District Court, S.D. Illinois · Mar 29, 2018

It does not establish that the seed money for substantially all of Mr. and Mrs. Marcos's vast wealth came from the Yamashita Treasure. Nor does Buckley's testimony establish as much. … waiver of sovereign immunity.

Santiago v. United States of America

District Court, N.D. Illinois · Feb 8, 2022

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, --- U.S. ----, 137 S. … At the motion to dismiss stage, to overcome an assertion of qualified immunity, Plaintiffs must have alleged a violation of a statutory or constitutional right that was clearly established at the time of the violation so

Kapernekas v. Village of Stone Park

District Court, N.D. Illinois · Apr 9, 2019

“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 … Kapernekas’s failure to establish the first prong of the qualified immunity test is fatal to his Fourth Amendment claim, we further note that he has also not met his burden to show that he had a “clearly established” right

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.

Robinson v. Crot

District Court, N.D. Illinois · Apr 12, 2024

They also argue that the defendants are entitled to qualified immunity, as well as immunity under the Illinois Tort Immunity Act. (R. 11 at 10–13.) … The doctrine of qualified immunity shields public officials from civil liability if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

La Playita Cicero, Inc. v. Town of Cicero

175 F. Supp. 3d 953 · District Court, N.D. Illinois · Mar 30, 2016

Polk Defendants argue that Polk had probable cause to arrest Meza and that he is thus entitled to qualified immunity from his First Amendment claim. In Reichle v. … . -, 132 S.Ct. 2088, 2095 , 182 L.Ed.2d 985 (2012), the Supreme Court held that an officer was entitled to qualified immunity because it was not clearly established that a retaliatory arrest would violate the First Amendment

Shell Oil Co. v. Pollution Control Board

37 Ill. App. 3d 264 · Appellate Court of Illinois · Apr 5, 1976

more qualified to decide technical problems and the mechanics of dealing with them. … The legislature qualified that power only to the extent that the Board’s regulations be reasonable in that they take into account the factors enumerated in section 27.

Alla v. Kornfeld

84 F. Supp. 823 · District Court, N.D. Illinois · Jun 8, 1949

states a cause of action, and is immune- to a motion to dismiss for failure to state a claim upon which relief can be granted. … If a person establishes domicile in a foreign country, he loses his State citizenship but not necessarily his United States citizenship. He loses the latter only where he renounces or otherwise abandons or loses it.

Runkel v. City of Springfield

District Court, C.D. Illinois · Sep 9, 2019

Plaintiff also argues that Langfelder is not entitled to qualified immunity, as it was clearly established at the time Plaintiff was not promoted that the Fourteenth Amendment prohibits the use of race in … To counter a claim of qualified immunity, a plaintiff must show (1) that the official violated a statutory or constitutional right and (2) that the right was clearly established at the time of the alleged

Illinois Commerce Commission v. Salamie

54 Ill. App. 3d 465 · Appellate Court of Illinois · Oct 20, 1977

It also asked the court to establish guidelines respecting the scope of his testimony and the production of the documents. … its claim of immunity.