Case law

Smith v. Pappas

District Court, S.D. Illinois · Oct 3, 2022

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “…[Q]ualified 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

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.

Varela v. St. Elizabeth's Hospital of Chicago

Appellate Court of Illinois · Aug 7, 2006

The trial court found, however, that the school board was immunized from liability for its employee's misconduct in part by section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS … 10/2-201 (West 2000) (Tort Immunity Act)), and dismissed the complaint.

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.

Clyde v. Human Rights Commission

206 Ill. App. 3d 283 · Appellate Court of Illinois · Dec 20, 1990

The evidence clearly established that the relative training levels of NCR employees was directly related to the age of the employees. … The distinction between “qualified” and “able to perform” is artificial.

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.

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

United States Ex Rel. Chandler v. Hektoen Institute for Medical Research

35 F. Supp. 2d 1078 · District Court, N.D. Illinois · Feb 9, 1999

Defendant Hektoen moves to dismiss Counts I and III, arguing that: (1) the FCA’s qui tarn provisions are unconstitutional; and (2) plaintiff does not allege that Hektoen’s actions violated clearly established Illinois public … Finally, the Court grants Hektoen’s and the County Defendants’ motions to dismiss Count III because plaintiff does not allege that her discharge violated clearly established Illinois public policy.

Carver v. Sheriff of La Salle County

203 Ill. 2d 497 · Illinois Supreme Court · Feb 6, 2003

own policies, but they lack authority to levy taxes or establish their own budgets. … The plain language of section 9 — 102 clearly expresses the legislature’s intent that this statutory provision is to apply equally to judgments or settlements.

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.

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.

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.

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

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.

Archie v. City Of Chicago

District Court, N.D. Illinois · May 12, 2023

Citing the “record here and well-established case law,” the magistrate judge allowed plaintiffs to proceed with discovery related to punitive damages, although the court has not yet evaluated defendants’ qualified immunity … According to defendants, “a core purpose of the qualified immunity doctrine is furthered by limiting discovery pending adjudication of a qualified immunity defense,” such as limiting or delaying discovery into personal

Eckerman v. City of Peoria

336 Ill. App. 570 · Appellate Court of Illinois · Mar 8, 1949

The facts in the instant case are clearly distinguishable from the facts in Patteson v. City of Peoria, 386 Ill. 460 . … She was not a qualified elector of the municipality and therefore was not qualified to hold a municipal office. She never executed any bond and never took or subscribed any oath as provided for municipal officers.

Alencastro v. Sheahan

297 Ill. App. 3d 478 · Appellate Court of Illinois · Jul 28, 1998

Although defendant’s office clearly plays a role in the eviction process, that is not to say that defendant exercises final policymaking authority over that process. … Additionally, liability cannot be imposed upon a supervisory official without establishing that the official was directly responsible for the improper activity. Rizzo v. Goode, 423 U.S. 362, 373-77 , 46 L.

Adelberg v. Labuszewski

447 F. Supp. 267 · District Court, N.D. Illinois · Mar 2, 1978

Applying this two level standard we determined that the defense of immunity had not been established on the record before us at that time: “Turning to the first test, in the instant case we are faced with allegations and … This result is consistent with the language of Wood which seems clearly to pose the malice test as an alternative independent of the knowledge test.

Gapinske v. Town of Condit

250 Ill. App. 3d 1045 · Appellate Court of Illinois · Sep 16, 1993

The supreme court in West spoke of this 1986 amendment as follows: "The legislature thus clearly, intended to enlarge the scope of section 3-104's immunity and to immunize absolutely the failure to initially provide a traffic … For instance, in West ( 147 Ill.2d at 7 , 167 Ill.Dec. at 977 , 588 N.E.2d at 1107 ), the court wrote the following: "Rather, section 3-104 clearly and unequivocally states that the municipality is immune from all liability

City of Chicago v. BD. OF TRUSTEES OF UNIV.

293 Ill. App. 3d 892 · Appellate Court of Illinois · Jul 21, 1997

The Illinois Supreme Court has clearly held that a claim for declaratory relief is not a present claim. … Furthermore, the Illinois Municipal Code of 1961 authorized municipalities to establish and maintain parks.