Case law

Central Austin Neighborhood Ass'n v. City of Chicago

2013 IL App (1st) 123041 · Appellate Court of Illinois · Jan 21, 2014

Further, clearly definable criteria for decision may be available. … The Act establishes standards for courts to use when confronted with allegations of such disparate impact.

Luciani v. Certified Grocers of Illinois, Inc.

105 Ill. App. 2d 448 · Appellate Court of Illinois · Feb 10, 1969

in order to qualify for participation in the net profits of a division. … The net profit of a division shall be rebated only to qualified participants thereof.

Golbert v. Aurora Chicago Lakeshore Hospital LLC

District Court, N.D. Illinois · Mar 11, 2021

“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 … A state official is protected by qualified immunity unless the plaintiff can show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the

Bass v. Cook County Hospital

29 N.E.3d 1130 · Appellate Court of Illinois · Mar 20, 2015

Bass counter-argues that the Act was not intended to provide civil immunity for all emergency physicians, but only to the types of EMS personnel clearly defined within it. … However, we disagree with Bass's position that this fact establishes that the Act did not intend to provide civil immunity for Dr. Strane in the case at bar.

People v. Niles

300 Ill. 458 · Illinois Supreme Court · Dec 22, 1921

An accused’s immunity from punishment for crime must not be made to depend upon the accomplishment of his acquittal in one prosecution by committing the crime for which he claims immunity. … It must be kept in mind that the accused is being prosecuted for perjury and that only such evidence as tends to establish the perjury should be admitted.

Haliw v. City of South Elgin

District Court, N.D. Illinois · Mar 18, 2020

Ct. at 1868.6 Qualified immunity protects officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Liability is not clearly established 6The Court’s earlier rejection of the Defendants’ qualified immunity argument was limited to Haliw’s other, non-conspiracy claims.

People ex rel. Curry v. Decatur Park District

27 Ill. 2d 434 · Illinois Supreme Court · Mar 25, 1963

Appellants argue that the district had the burden of establishing the validity of its claim for exemption and hence the burden of establishing the validity of the statute in question. … The cases cited by appellants are clearly distinguishable from the instant case, for in each of them the statute in question required the owner to establish exemption on the basis of use. (City of Mattoon v.

People v. Tolliver

466 Ill. Dec. 526 · Appellate Court of Illinois · Oct 17, 2022

The court found that the State’s exhibits of the temporary registration plate on the SUV “clearly show the condition of the plate was not clearly legible.” … Here, Reese believed that the plate was not clearly legible and, upon approach, confirmed that it was not clearly legible.

Moy v. County of Cook

159 Ill. 2d 519 · Illinois Supreme Court · Jul 28, 1994

The complaint clearly alleges the county’s liability based upon the conduct of its employees. … Clearly, the sheriffs statutory duties with respect to the Cook County jail are independent of and unalterable by any governing body.

Moyer v. Southern Illinois Hospital Service Corp.

327 Ill. App. 3d 889 · Appellate Court of Illinois · Feb 7, 2002

Bleyer is not a nurse and he does not establish that he is otherwise qualified to testify about nursing procedures, he was not qualified to testify regarding the nurse’s standard of care in administering or monitoring thrombolytic … Bleyer’s deposition establishes that he was qualified pursuant to section 2 — 622(a) to complete the written report required by that section.

Smith v. Boyle

959 F. Supp. 982 · District Court, C.D. Illinois · Apr 16, 1997

Second, Defendants assert that the Illinois State Board of Elections enjoys immunity from this suit under the Eleventh Amendment to the U.S. Constitution. … The Court also finds that Defendant Illinois State Board of Elections is immune from this suit pursuant to the Eleventh Amendment to the U.S. Constitution.

Hernandez v. Village of Cicero

151 Ill. App. 3d 170 · Appellate Court of Illinois · Dec 30, 1986

However, neither Dezort nor Brown established such a test. … Based on the above disposition, we need not address plaintiff’s argument concerning alteration of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Qualkenbush v. Harris Trust & Savings Bank

219 F. Supp. 2d 935 · District Court, N.D. Illinois · Aug 20, 2002

Although this text clearly refers to two different parties, it does not necessarily mean that the definitions are mutually exclusive. … This is not a qualified immunity case where a plaintiff must establish that a defendant violated “clearly established law,” and the absence of binding precedent can itself be sufficient to dismiss a claim.

Fairchild Republic Co. v. United States

712 F. Supp. 711 · District Court, S.D. Illinois · Nov 17, 1988

Finally, the plaintiff bears the burden of establishing that immunity has been waived. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 187-89 , 56 S.Ct. 780, 784-85 , 80 L.Ed. 1135 (1936); Seglin v. … As the Shu-man court clearly stated, “[l]ack of due care in promulgating a policy, or in having no policy or program at all on an issue, however imprudent it might seem, is encompassed within the discretionary function exception

Pikovsky v. North Skokie Boulevard Condominium Association

2011 IL App (1st) 103742 · Appellate Court of Illinois · Dec 27, 2011

Tamara attempts to reference the Chad Paul declaration in her statement of facts and as an appendix to her brief in order to establish Skokie and Rosen’s knowledge of the snow and ice mounds. … In this case, the rear entrance sidewalk clearly reaches from Skokie and Rosen’s property to the Lee Street sidewalk.

In re Estate of Stewart

2016 IL App (2d) 151117 · Appellate Court of Illinois · Oct 12, 2016

Clearly, Harper did not physically stop anyone else from securing or providing care for Stewart. … In other words, if we agree with the trial court that the District did not establish absolute immunity as a matter of law, we may not proceed to consider whether the facts adduced at trial later established

Gale v. United States

768 F. Supp. 1305 · District Court, N.D. Illinois · Jun 28, 1991

The question, therefore, is whether § 404(a)(8)(C) establishes a legal fiction, or merely acknowledges what is already clearly established. *1309 According to the plaintiffs, the emphasis in § 404(a)(8)(C) is on limiting … self-employed individuals to be covered by qualified plans and by extending to them some of the favorable tax benefits present law now provides in the case of qualified retirement plans established by employers for their

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.

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.

Hull v. Southern Illinois Hospital Services

Appellate Court of Illinois · Mar 10, 2005

Heymach's report nor his curriculum vitae indicated that he has performed a radiological procedure such as that involved in this case, he failed to establish that he was qualified by experience or demonstrated competence … Heymach established that he was qualified by experience or demonstrated competence in the subject of the case. See 735 ILCS 5/2-622(a)(1)(iii) (West 2002); Apa , 288 Ill.