Case law

Barrow v. Blouin

38 F. Supp. 3d 916 · District Court, N.D. Illinois · May 7, 2014

The complaint clearly alleges that Hoffmeyer was the police spokesperson for the Sheriffs Office and communicated information about a police activity—the arrest of Michael—to the press. … Because these allegations against Hoffmeyer establish that she is absolutely immune under Illinois law, neither of the state law claims against her is cognizable.

Bigelow v. City of Rolling Meadows

Appellate Court of Illinois · Mar 19, 2007

Immunity Act) (745 ILCS 10/8-101 (West 2002)). … The plaintiffs' action, therefore, is not barred by the Tort Immunity Act's one-year statute of limitations.

Kamin v. State

21 Ill. Ct. Cl. 467 · Court of Claims of Illinois · Sep 25, 1953

The Departmental Report establishes that the canyon was clearly marked, and posted beside the trail 20 feet before reaching the point of the accident. … This condition was clearly visible to the deceased.

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

Ford v. Lane

714 F. Supp. 310 · District Court, N.D. Illinois · Jan 27, 1989

Nonetheless, even if the eleventh amendment immunity "partakes of the nature of a jurisdictional bar," it is not the same as a lack of subject matter jurisdiction: a state may waive its eleventh amendment immunity, but parties … Given our resolution of the case, it is unnecessary to consider the qualified immunity issues raised by the defendants.

Youngblood

District Court, N.D. Illinois · Jun 10, 2026

“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. … At the motion to dismiss stage, to overcome an assertion of qualified immunity, Youngblood must have alleged a violation of a statutory or constitutional right that was clearly established at the time of the violation so

Muthuswamy v. Burke

207 Ill. Dec. 50 · Appellate Court of Illinois · Jun 30, 1993

The statements made by the defendant doctor clearly impugn the integrity of plaintiff in the discharge of his duties. … The statements in this case clearly meet the requirements of an absolute or qualified privilege.

People v. Hamilton

27 Ill. App. 3d 249 · Appellate Court of Illinois · Mar 20, 1975

The trial court then granted the State’s request to grant Alsbury immunity from prosecution. … robbery and escape. “ ‘[Wjhere it is contended that the punishment imposed in a particular case is excessive, though within the limits prescribed by the legislature, this court should not disturb the sentence unless it clearly

Kelly v. Village of Lemont

District Court, N.D. Illinois · Nov 23, 2021

right was clearly established at [that] time.” … In making a qualified immunity determination, courts cannot define “clearly established” at a high level of generality, therefore, relying on Graham alone does not create clearly established law.

In Re Wimmer

121 B.R. 539 · United States Bankruptcy Court, C.D. Illinois · Sep 12, 1990

Given this expansive definition, an interest in a trust or pension plan would clearly be included. … The first prong, discussed above — making the pension plan exempt — is clearly preempted.

County of Cook v. Illinois Labor Relations Board Local Panel

Appellate Court of Illinois · Mar 17, 2004

Any new employee shall have six (6) months from date of hire to establish actual residency with Cook County. Section 4. … As the petitioners have pointed out, this language goes on to qualify that "those residency requirements shall not allow residency outside of Illinois."

Country Mutual Insurance v. Peoples Bank

286 Ill. App. 3d 356 · Appellate Court of Illinois · Jan 28, 1997

The testimony clearly indicates that the stay of the boy would be of a temporary nature and the critical element of intention to make the home his permanent abode was lacking. … If foster parents have such immunity, the Bank has no case here.

Yeager v. Owsley

District Court, C.D. Illinois · Jun 13, 2022

Yeager cannot establish that Mr. Owsley acted under color of law and, alternatively, he is entitled to qualified immunity. Doc. 13, at 1. As the Court noted, Ms. Yeager did not file a response to Mr. … clearly established at the time of the alleged violation.”

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.

Tequila Smith and Coretta Van Dyke v. Precious Dunn and City of Chicago

District Court, N.D. Illinois · Jun 3, 2026

The Seventh Circuit declined to grant summary judgment based on qualified immunity. Id. at 235. … Dunn is entitled to qualified immunity. c.

Murawski v. N.Y.S. Bd. of Elections

285 F. Supp. 3d 691 · District Court, S.D. Illinois · Jan 25, 2018

"Although the Eleventh Amendment does not explicitly bar suits against a state by its own citizens, it is well established that a non-consenting state is immune from suits brought by its own citizens in federal court." … "[T]he [State] Board of Elections is a state agency for the purposes of the Eleventh Amendment, and Congress has not clearly abrogated New York's immunity and New York has not unequivocally waived it." Credico v.

Robinette v. Chicago Land Clearance Commission

115 F. Supp. 669 · District Court, N.D. Illinois · Jun 26, 1951

Undeniably, it has been clearly established that, where a state law is enacted for a public purpose, complaining parties will not be heard in a court of law where they seek to invoke the protections of the Fourteenth Amendment … immunities clause of the Fourteenth Amendment, plaintiffs must be able to point to the provision of the Federal Constitution or statutes by which the privileges or immunities are conferred.

Baxter v. City of Belleville, Ill.

720 F. Supp. 720 · District Court, S.D. Illinois · Aug 25, 1989

At some point, however, the immune system becomes implicated and symptoms occur. … Irrational hysteria and public panic cannot support activity that violates the FHA and is clearly discriminatory.

Clemons v. Wexford Health Services, Inc.

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

Costco Wholesale Corp., 807 F.3d 215, 219 (7th Cir. 2015) (“It is the litigants’ duty to clearly identify material facts in dispute . . . .” … when presented only with evidence limited to the experience of a single plaintiff, numerous courts “have concluded that four or more incidents over varying periods—sometimes less than nineteen months—are insufficient to qualify

McGuckin v. Chicago Union Station

191 Ill. App. 3d 982 · Appellate Court of Illinois · Nov 30, 1989

(hereinafter the Tort Immunity Act or Act). … It argues that, pursuant to the Tort Immunity Act, fire fighters are immune from liability for the “failure to establish a fire department or *** provide fire protection service.” (Ill. Rev.