Case law

Bond County Community School District No. 2 v. Indiana Insurance

269 Ill. App. 3d 488 · Appellate Court of Illinois · Jan 26, 1995

ANALYSIS We start our analysis, as did the trial judge, with the well-established rule that a governmental entity must abide by its contractual obligations. (Wall v. … since plaintiffs had clearly filed their lawsuit outside the relevant limitations periods.

In Re Automotive Professionals, Inc.

379 B.R. 746 · District Court, N.D. Illinois · Oct 23, 2007

The applicability of sovereign immunity and the automatic stay The bankruptcy court rejected the State’s argument that sovereign immunity protects it from being required to return assets under its control to API, citing, … Both of its arguments can therefore be resolved by determining whether the State’s liquidation efforts qualify as an exercise of its police and regulatory powers.

People v. Seymour

53 Ill. App. 3d 367 · Appellate Court of Illinois · Oct 6, 1977

Clearly, this did not lie within the scope of review at the hearing on his probation revocation. Nevertheless, North is cited in People v. Yackle, 42 Ill. … After carefully reviewing the record, there is insufficient credible evidence to support the charges and establish appellants’ guilt by a preponderance of the evidence.

Spencer

District Court, N.D. Illinois · Oct 20, 2025

Qualified immunity shields state actors from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The officers are protected by qualified immunity because neither officer violated Spencer’s clearly established constitutional rights.8 B.

Clark v. Kazi (In Re Kazi)

125 B.R. 981 · United States Bankruptcy Court, S.D. Illinois · Feb 4, 1991

Kazi’s pension and profit sharing plans may be excluded from the bankruptcy estate only if they qualify as spendthrift trusts under Illinois law. The majority of courts clearly support the latter position. … Kazi, M.D., Ltd., and is a participant in the pension and profit sharing plans established by that corporation. Clearly, the plans are self-settled, and for that reason alone, fail to qualify as spendthrift trusts.

Minerly v. Holt

District Court, S.D. Illinois · Mar 30, 2020

To overcome qualified immunity, the facts viewed in the light most favorable to Plaintiff must “show that the defendant[s] violated a constitutional right” and that “the right was clearly established at [that] time.” … Therefore, qualified immunity is not available to Dr.

Orr v. Yates

209 Ill. 222 · Illinois Supreme Court · Apr 20, 1904

In other words, the construction adopted by the learned chancellor and contended for by counsel for complainants below renders nugatory all the qualifying language of the will and defeats the clearly expressed purpose of … A title in fee simple determinable is, in a qualified sense, a fee simple title, and where, as here, the language is followed by a clearly expressed qualification, it must be held that the testator used the first words in

Ramos v. City of Peru

Appellate Court of Illinois · Aug 8, 2002

The court determined that section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-107 (West 2000)) barred all three claims and that there was no legal basis … The Act clearly contemplates that aggrieved individuals may pursue judicial remedies against state agencies and units of local governments such as the City of Peru.

Sassali v. DeFauw

297 Ill. App. 3d 50 · Appellate Court of Illinois · Jun 16, 1998

I believe the certified question was more clearly answered in Marcus v. Liebman, 59 Ill. … The certified question arose from the trial court’s denial of the defendant’s motion to dismiss based on a claim of immunity.

Parks v. Pavkovic

536 F. Supp. 296 · District Court, N.D. Illinois · Mar 19, 1982

It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. … Section 504 prohibits discrimination against otherwise qualified handicapped individuals.

Smith v. McVicker

District Court, S.D. Illinois · Jun 24, 2022

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, Smith’s Complaint must contain facts indicating that McVicker violated her constitutional rights, and the right violated was clearly established at the time of the violation.

DeJong v. Pembrook

District Court, S.D. Illinois · Mar 20, 2023

Because DeJong has properly pleaded a constitutional violation, Robb can receive qualified immunity only if her conduct was not clearly established as unlawful. … Again, because DeJong has properly pleaded a constitutional violation, Pembrook and Ball can receive qualified immunity only if their conduct was not clearly established as unlawful.

Champ v. Forcum

District Court, S.D. Illinois · Sep 11, 2023

Plaintiff also argues qualified immunity does not shield the Defendants from liability because access to legal materials and the courts is a clearly established First Amendment right (Id. at pp. 8-9). … Defendants also argue that they are entitled to qualified immunity on Plaintiff’s retaliation claim because their conduct did not violate a clearly established statutory or constitutional right of which a reasonable person

King v. Dart

District Court, N.D. Illinois · Mar 5, 2025

“Qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The qualified immunity analysis at summary judgment is a two- step inquiry – whether defendant: (1) violated a constitutional right that was (2) clearly established at the time. Thompson v.

Romero v. The Village of Alsip

District Court, N.D. Illinois · Mar 21, 2025

have believed that the actions taken were objectively reasonable and were within constitutional limits that were clearly established at the time. … Defendants assert qualified immunity as a defense to both claims.

Blacher v. Village of Dolton

District Court, N.D. Illinois · Apr 12, 2019

Qualified immunity The trustee defendants also argue that they are entitled to dismissal based on the doctrine of qualified immunity. … To assess a claim of qualified immunity, the Court determines, first, whether the plaintiff has alleged the deprivation of an actual constitutional right, and second, whether the right was clearly established at the time

Valentino v. Hilquist

Appellate Court of Illinois · Jan 24, 2003

Breach of Contract Defendant Board argues that the evidence failed to establish a breach of contract claim. … That is clearly not the case here. Plaintiff's complaint does not allege "criticisms"; it alleges battery.

Vroegh v. J & M Forklift

255 Ill. App. 3d 155 · Appellate Court of Illinois · Aug 20, 1993

Although Dini established a landowner’s general duty to firefighters, the precise scope of that duty has been refined by subsequent case law. … not of immunity.

United Cities Gas Co. v. Illinois Commerce Commission

48 Ill. 2d 36 · Illinois Supreme Court · Mar 16, 1971

that such orders are arbitrary or are unreasonable or directly contravene some established rule of law. … However, we consider that the record clearly shows that the findings of the Commission are supportable.

Ries v. City of Chicago - Corrected 12/28/09

Appellate Court of Illinois · Nov 25, 2009

is an established exception to the immunities granted by the Act. … and wanton conduct is -4- 1-07-3085 an established exception to immunity protection provided by the Act.