Case law

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.

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

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.

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.

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

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

United States v. Coleman Capital Corporation

295 F. Supp. 1016 · District Court, N.D. Illinois · Jan 21, 1969

Therefore, the defendant clearly violated the Act and the regulations with respect to these three transactions. … It has been well established that S.B.A. regulations have the force and effect of law. Hernstadt v. Programs for Television, Inc., 36 Misc.2d 628 , 232 N.Y.S.2d 683 (1962).

Wellwoods Development Co. v. City of Aurora

631 F. Supp. 221 · District Court, N.D. Illinois · Mar 27, 1986

City’s Motion City argues principally for immunity from antitrust liability. Parker v. … Brown, 317 U.S. 341, 350-52 , 63 S.Ct. 307, 313-14 , 87 L.Ed. 315 (1943) established the Sherman Act’s nonapplicability to the trade-restraining actions of “sovereign” state governments — not as a matter of immunity in the

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.

Lipford v. City of Chicago

District Court, N.D. Illinois · Jul 19, 2018

clearly established” at the time of the challenged conduct. … Ct. at 552 (a plaintiff cannot defeat qualified immunity by defining clearly established law “at a high level of generality”).

SPIZZIRRI v. Village of Bensenville

109 F. Supp. 2d 908 · District Court, N.D. Illinois · Aug 8, 2000

Concerning plaintiffs individual capacity claims, the individuals defendants argue that they are entitled to qualified immunity because they did not violate any clearly established constitutional right of plaintiff, and they … Legal Standard In ruling on a motion to dismiss for failure to state a claim, the court considers “whether relief is possible under any set of facts that could be established consistent with the allegations.”

Alwin v. The Village of Wheeling

Appellate Court of Illinois · Mar 12, 2007

According to plaintiffs, the evidence presented at trial was sufficient to establish that the terrain of the RSA was a proximate cause of the crash. … A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon any of the evidence.

Davenport v. Bd. of Fire & Police Commissioners

2 Ill. App. 3d 864 · Appellate Court of Illinois · Jan 14, 1972

The record is devoid of any evidence that the plaintiff was "bullied" by the said Mike Young, but on the contrary it clearly establishes the fact that the plaintiff was the aggressor. … Should a police officer engage in misconduct which is detrimental to the service it would be absurd to say that he is clothed with a cloak of immunity if such misconduct occurred during "off duty" hours.

Wilson v. Lasalle Manufacturing & MacHine Co.

58 Ill. App. 3d 219 · Appellate Court of Illinois · Mar 22, 1978

General principles which govern interpretation and construction of contracts and agreements are well established. … must still be employees of the defendants to qualify.

Fricks v. Prine

District Court, N.D. Illinois · Sep 29, 2025

Qualified Immunity Even if Officer Prine used excessive force, he is shielded from liability if his conduct did not “violate clearly established statutory or constitutional rights … Oakes, in affirming the denial of summary judgment on qualified immunity, the Seventh Circuit concluded that a reasonable officer would have known he violated clearly established case law when he “administer[ed] closed-fist

Coyne Electrical School v. Paschen

12 Ill. 2d 387 · Illinois Supreme Court · Nov 20, 1957

The facts clearly show the predecessor corporation was strictly a business enterprise conducted with a view to pecuniary gain and that its profits and destinies were under the control of B. W. … As opposed to the uncertainty of plaintiff’s charitable activities, it appears clearly and conclusively that plaintiff’s operation has remained the same whether for profit or not for profit.

Poulos v. Lutheran Social Services of Illinois, Inc.

312 Ill. App. 3d 731 · Appellate Court of Illinois · Mar 24, 2000

Accordingly, defendants have shown no error in the denial of their motion for a directed verdict on the issue of conditional or qualified privilege. … Section 11 of the Act provides immunity to social workers in connection with certain good-faith disclosures. 740 ILCS 110/11 (West 1998).

Gehrt v. University of Illinois at Urbana-Champaign Cooperative Extension Service

974 F. Supp. 1178 · District Court, C.D. Illinois · Jul 11, 1997

Moreover, the explicit text of § 1981a establishes a direct tie to Title VII, a tie which is so close that § 1981a is virtually meaningless without Title VII. … I therefore recommend that the court find that Congress did clearly intend the Civil Rights Act of 1991 to abrogate State immunity under the Eleventh Amendment. 2.