Case law

White v. Retirement Board of the Policemen's Annuity and Benefit Fund

2014 IL App (1st) 132315 · Appellate Court of Illinois · Oct 21, 2014

Second, the circuit court determined that the Board’s determination that White’s position as a police aide did not qualify for service credit under section 5-214(c) was clearly erroneous as the evidence … I would find that the Board’s determination was not clearly erroneous where the Board concluded that White did not qualify for pension credit under section 5-214(c) because she did not show that her prior civilian

Taylor v. Brooklyn Boulders, LLC

2025 IL App (1st) 231912 · Appellate Court of Illinois · Feb 18, 2025

Therein, the court specifically rejected Taylor’s argument that defendants qualified as a common carrier. … ¶ 48 In sum, Taylor has failed to show that the liability waiver is clearly contradictory to section 2-14 of the Safety Act.

Cullotta v. Cullotta

Appellate Court of Illinois · Mar 27, 1997

She further contends that her second amended complaint states facts establishing a breach of that duty and injuries to the minor-plaintiff proximately resulting from that breach, and concludes that a good and sufficient cause … Clearly and without equivocation, the supreme court in Stallman held that no legally cognizable duty is owed on the part of a pregnant woman to exercise reasonable care to avoid inflicting unintentional harm upon her developing

Boatmen's National Bank v. Hughes

385 Ill. 431 · Illinois Supreme Court · Jan 18, 1944

Stat. 1941, chap. 16¼, par. 9,) provides as follows: “and no bank shall establish or maintain in this or any other state or country any branch bank, nor shall it establish or maintain in this state any branch office or additional … We believe the provisions of said section 9 of the Banking Act clearly prohibit the maintaining of a branch or of an additional office in Illinois.

Local 2816, Office of Economic Opportunity Employees Union, AFGE, AFL-CIO v. Phillips

360 F. Supp. 1092 · District Court, N.D. Illinois · May 3, 1973

I find that the doctrine of sovereign immunity does not apply here. … With the chart he qualified for reception into evidence he demonstrated how C. A. A.’s have been operating on a 12 month program year.

Gould v. Campbell's Ambulance Service, Inc.

111 Ill. 2d 54 · Illinois Supreme Court · Jan 23, 1986

A qualified ambulance attendant and driver shall: * * * 4. … We hold only that the relevant statutory provisions and the ordinance fail to show the existence of a clearly mandated public policy.

In Re Boldman

157 B.R. 412 · District Court, C.D. Illinois · May 7, 1993

The Seventh Circuit in Matter of Boomgarden, 780 F.2d 657 (7th Cir.1985), states: “[W]e must accept the bankruptcy court’s findings of fact unless they are clearly erroneous.... … Based on the established case law, the Court finds that in the case at bar, Appellees’ claim for attorney’s fees is property of the estate. Finally, the IRS argues that § 362(h) does not apply to the United States.

Edwards v. Wiley

District Court, S.D. Illinois · May 4, 2023

However, qualified immunity warrants dismissal at the pleading stage only when the plaintiff’s well-pleaded allegations, “taken as true, do not ‘state a violation of clearly established law.’” Hanson v. … To overcome qualified immunity, Plaintiff’s complaint must contain facts indicating that Defendants violated his constitutional rights, and the right violated was clearly established at the time of the violation.

Schimandle v. DeKalb County Sheriff's Office

District Court, N.D. Illinois · Oct 7, 2022

It is well settled that, pursuant to qualified immunity, public officials performing discretionary functions are shielded from civil liability unless their conduct violates a clearly established statutory or constitutional … While Plaintiff informed Detective Duehning that he was acting in self-defense, it is not clearly established, thereby negating Detective Duehning’s qualified immunity, that Plaintiff’s explanation for the battery not only

People v. Bascomb

74 Ill. App. 3d 392 · Appellate Court of Illinois · Jul 30, 1979

One witness had been granted immunity in exchange for his testimony. … The court also took into consideration the evidence establishing defendant’s guilt.

Agwomoh v. Village of Dolton

224 N.E.3d 773 · Appellate Court of Illinois · Oct 28, 2022

Absolute Immunity Under Section 4-102 ¶ 56 Our supreme court has referred to section 4-102 of the Act as a codification of the “common law blanket immunity *** which immunizes a municipality and its employees for the … Qualified Immunity Under Section 2-202 ¶ 63 To the extent that he was not engaged in police protection services, Officer Perez was 17 No. 21-0892 unquestionably engaged

Jarman v. City of Northlake

950 F. Supp. 1375 · District Court, N.D. Illinois · Jan 16, 1997

We think that a five month delay is clearly long enough to prevent the City’s response from being characterized as “immediate,” which is what § 1604.11(e) requires. … Jarman’s Complaint fails to establish that she suffered an adverse action by her employer.

Harpalani v. Air India, Inc.

622 F. Supp. 69 · District Court, N.D. Illinois · Sep 30, 1985

The facts of Brunwasser are clearly distinguishable from those of the case at hand, however. … Air India is wholly owned by the government of India and therefore qualifies as a foreign state under section 1603.

DiBenedetto v. City of Chicago

873 F. Supp. 106 · District Court, N.D. Illinois · Dec 27, 1994

Furthermore, the issue of the officer’s qualified immunity was not raised. Government officials performing discretionary functions are generally shielded from liability. Sherman v. … The facts provided are insufficient to establish a conspiracy, let alone a conspiracy with a purpose to deprive DiBenedetto his constitutional rights. See id.

Collins v. Village of Woodridge

96 F. Supp. 2d 744 · District Court, N.D. Illinois · Mar 17, 2000

Janus argues that he is entitled to qualified immunity in connection with his alleged actions. The Court disagrees. … immunity.

Pompa v. Swanson

990 N.E.2d 314 · Appellate Court of Illinois · May 6, 2013

“[I]t is well established that statements made in the form of insinuation, allusion, irony, or question, may be considered as defamatory as positive and direct assertions of fact.” … The parties agree that those statements are subject to a qualified privilege.

Hytel Group, Inc. v. Butler

Appellate Court of Illinois · Oct 20, 2010

The court must grant the motion and dismiss the claim unless the nonmovant "has produced clear and convincing evidence that the acts of the moving party are not immunized from, or are not in furtherance of acts immunized … Butler asserts that the trial court was therefore correct in holding that Hytel did not establish any defense to her motion to dismiss under the Act.

In re the Complaint of Ingram Barge Co.

194 F. Supp. 3d 766 · District Court, N.D. Illinois · Jul 13, 2016

Without more, neither the fact that the Marseilles Pool “receives” all waters drained from upriver of Dresden Island, nor that the Marseilles Lock and *783 Dam is “on the ILWW,” establishes that Section 702c immunity attaches … Ingram reads this provision as setting forth mandatory duties on the part of the lockmaster— specifically, a non-discretionary duty to communicate “clearly and accurately” about dam conditions.

City of Chicago v. Latronica Asphalt and Grading, Inc.

346 Ill. App. 3d 264 · Appellate Court of Illinois · Feb 17, 2004

Further, “it is well established that where a statute of limitations does ‘expressly include the State, county, municipality, or other governmental agencies,’ common law governmental limitations immunity will not bar a limitations … Cecola, 75 Ill. 2d 423, 427 , 389 N.E.2d 526 (1979) (privately owned establishment for prostitution). In Young v. Bryco Arms, 327 Ill.

Megan Nelson v. Bryan Lutzou

District Court, N.D. Illinois · Sep 11, 2018

Qualified immunity shields government officials from liability for performing discretionary actions within their official capacity so long as the actions do “not violate clearly established … As established above, Defendant is not entitled to qualified immunity.