Case law

Gendel v. State

38 Ill. Ct. Cl. 76 · Court of Claims of Illinois · Jul 11, 1984

In this instance, Respondent argues, that since the Director would be immune from liability based on the immunity granted public officials for discretionary acts in their official capacity, the State should also be immune … The Claimants therein were female driver examiner aides who unsuccessfully applied for or were available and qualified for the higher position of driver examiner.

Christison v. Slane (In Re Silldorff)

96 B.R. 859 · District Court, C.D. Illinois · Feb 17, 1989

The Goff court then noted that while ERISA clearly preempts state law, 29 U.S. C. § 1144(a), it is clearly not intended to affect the operation of other federal law. … differences between the plans clearly affect the degree of control which the debtor has over the plan.

Hill v. City of Harvey

District Court, N.D. Illinois · Jun 29, 2023

“To defeat the qualified immunity defense, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that the right was clearly established at the time so that it would have been clear to a … “The test of qualified immunity for police officers is whether a reasonable officer could have believed that probable cause existed to arrest the plaintiff in light of clearly established law and the information the arresting

Inendino v. Nance-Holt

District Court, N.D. Illinois · Mar 3, 2023

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … of clearly established law.”

Downs v. Oath Inc.

385 F. Supp. 3d 298 · District Court, S.D. Illinois · May 22, 2019

("[W]e conclude that § 512(c) is clearly meant to cover more than mere electronic storage lockers."). … At argument, the only explanation Downs gave for failing to depose Cohn was that "the burden is on [Oath] to establish [its] defense." See Transcript dated May 17, 2019, at 5:8-9.

People v. Arthur H.

338 Ill. App. 3d 1027 · Appellate Court of Illinois · May 12, 2003

CURRIE: I just wanted to indicate he was a part of this family and that normally he was in mom’s custody and care, but — I can— THE COURT: Well, but you haven’t established that, and asking this question doesn’t establish … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re D.F., 201 Ill. 2d 476, 498 (2002).

Cuevas v. Hernandez

District Court, N.D. Illinois · Mar 26, 2021

doctrine of qualified immunity shields Defendants from liability. … Qualified immunity “shields government officials from liability under § 1983 ‘for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights

Calvin v. Conlisk

367 F. Supp. 476 · District Court, N.D. Illinois · Nov 8, 1973

Lest this court be misunderstood, it here states clearly that it does not consider constitutional rights of plaintiffs “worthless.” … The individual plaintiffs are legally competent and are represented by well-qualified and competent counsel.

The PEOPLE v. Stacey

25 Ill. 2d 258 · Illinois Supreme Court · May 25, 1962

This evidence clearly shows that the bloody shirt was not seized in an unlawful search. … There was no testimony in the record that any promises of immunity or benefits were made to the defendant and the trial court properly refused to give this instruction.

Taiym v. The Retirement Board of the Policemen's Aunnuity and Benefit Fund of the City of Chicago

2014 IL App (1st) 123769 · Appellate Court of Illinois · Jun 23, 2014

The documents established that from April 18, 1988 to August 15, 1990, Taiym was employed as a watchman for the Chicago department of streets and sanitation. … Therefore, Taiym’s arguments fail and the Retirement Board was not clearly erroneous in finding that Taiym did not qualify for pension credit under section 5-214(c) of the Pension Code. ¶ 16 We note that

Lannom v. Kosco

247 Ill. App. 3d 629 · Appellate Court of Illinois · Jul 20, 1993

whose resolution was not clearly foreshadowed. … Stat. 1989, ch. 85, par. 1 — 101 et seq.), which provides immunity to governmental units for negligence, but not for willful and wanton misconduct.

Village of River Forest v. Vignola

30 Ill. App. 2d 52 · Appellate Court of Illinois · Mar 27, 1961

, denial of equal protection of the laws, and violation of due process; and aiding in the establishment of the Christian religion. … We think this clearly indicates a construction of the River Forest ordinance in light of the purpose at which the ordinance is aimed.

Advincula v. United Blood Services

176 Ill. 2d 1 · Illinois Supreme Court · Dec 19, 1996

Curran, Acquired Immune Deficiency Syndrome (AIDS) Associated with Transfusions, 310 New Eng. J. Med. 69 , 70 (1984); Kozop, 663 F. Supp. at 1052 . … Clearly, these services do not compare to the recognized broad range of administrative' activities of modern hospitals contemplated by Darling and its progeny.

Unterschuetz v. City of Chicago

Appellate Court of Illinois · Jan 22, 2004

Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-109 (West 2000)). … 2-201 and 2-209" of the Tort Immunity Act.

Koehler v. Scandinavian Airlines Systems

285 Ill. App. 3d 520 · Appellate Court of Illinois · Nov 27, 1996

One thing that the Warsaw Convention did not mean to do was to grant international air carriers absolute immunity from their negligence inside the terminal.” … Clearly, under article 1, a contract claim based on the ticket which provided for international transportation falls within the scope of the Convention.

Senn Park Nursing Center v. Miller

104 Ill. 2d 169 · Illinois Supreme Court · Oct 19, 1984

We believe that with regard to the reimbursement of nursing homes, contracts, whether State-Federal or agency-providers, are not clearly and directly involved, but rather, are only incidental means to the end of providing … Section 4 of article XIII of the 1970 Constitution abolished sovereign immunity by providing: “Except as the General Assembly may provide by law, sovereign immunity in this State is abolished.” (Ill. Const. 1970, art.

Cave v. City of Springfield Illinois a Municipal Corporation

District Court, C.D. Illinois · Sep 13, 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 … “clearly established,” such that a reasonable officer would have known his conduct was unlawful.

Stricklin v. Annunzio

413 Ill. 324 · Illinois Supreme Court · Nov 20, 1952

physically qualified within the meaning of the act. … There, various applicants had applied for work at several establishments over a period of time as in the case before us.

Graham v. Richelmon

District Court, S.D. Illinois · Mar 27, 2025

Qualified Immunity Finally, Defendants argue qualified immunity shields them from any liability. … The Supreme Court has established a two- part test to determine whether a defendant is entitled to qualified immunity.

Collins v. Bensinger

374 F. Supp. 273 · District Court, N.D. Illinois · Mar 27, 1974

It is well-established that state custodians are not immune from liability under the civil rights statutes. See Wheeler v. Glass, 473 F.2d 983 (7th Cir. 1973). … The public interest would be disserved by the imposition of such a predictive burden, for qualified people might thereby be deterred from entering public service. Slate v. McFetridge, supra.