Case law

In Re Detention of Hayes

321 Ill. App. 3d 178 · Appellate Court of Illinois · Apr 9, 2001

Sovereign Immunity The Department also contends that sovereign immunity precluded entry of the trial court’s commitment order. … We further hold that the concerns identified in Owen regarding inconsistent court orders are inapplicable when, as here, the statute clearly contemplates individualized treatment.

The People v. Lattimore

362 Ill. 206 · Illinois Supreme Court · Dec 19, 1935

By section 26 of that article the criminal court of Cook county was established and its jurisdiction defined. … The section granting the discretion to the juvenile court clearly refers to a case where a child capable, under the law, of committing a criminal offense is named in the petition and his or her status is the subject of the

Matsuda v. Cook County Employees' & Officers' Annuity & Benefit Fund

278 Ill. App. 3d 378 · Appellate Court of Illinois · Nov 3, 1995

Defendants’ interpretation ignores the clearly mandatory language of the statute. … This exchange concerns transfers and spin-offs between qualified and nonqualified plans. Yet, section 1 — 116 calls for the establishment of a separate and distinct fund to pay out excess benefits.

Board of Education of Indian Prairie School District No. 204 v. Du Page County Election Commission

341 Ill. App. 3d 327 · Appellate Court of Illinois · Jul 15, 2003

Defendants do not, however, attempt to establish the elements of judicial estoppel (see People v. Coffin, 305 Ill. … Moreover, since the abolition of sovereign immunity in this state (see Walker 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.

Lenard v. Board of Education of Fairfield School District No. 112

57 Ill. App. 3d 853 · Appellate Court of Illinois · Jan 31, 1978

Testimony at trial and the regulation itself clearly indicate that the semester hour requirement of section 9 — 5X of the regulation applies only if the teacher is teaching the subject in a departmentalized, as opposed to … Consequently, if the regulation validly established specialized standards for teacher preparation, it must apply to the position occupied by Richard Carter.

Veazey v. Rich Township High School District 227

2016 IL App (1st) 151795 · Appellate Court of Illinois · Sep 30, 2016

fees.1 Nonetheless, we cannot ignore Veazey’s allegation that the Board acted illegally in allowing Emmanuel to vote and further cannot accept the Imoukhuedes’ contention that such a vote by a public body is immune … member is ineligible to be hired by the District unless there are no other qualified applicants for the position.

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.”

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.

Winfrey-Bey v. Shreve

District Court, C.D. Illinois · May 9, 2024

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established [] constitutional rights of which a reasonable person would … In light of the foregoing, Plaintiff has failed to meet his “burden of demonstrating that his rights were clearly established to overcome qualified immunity.” Tate v. Carr, JDP-20-302, 2023 WL 4234704, at *8 (W.D.

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”).

People v. Geiger

354 Ill. Dec. 816 · Appellate Court of Illinois · Nov 10, 2011

Again, the record clearly establishes that defendant herein, much like the defendant in Carradine , "chose to incur imprisonment rather than" testify. … The record clearly established that the defendant in the murder trial was a gang member, and at least one other witness against that defendant had received threats.

Pickering v. Board of Education of Township High School District 205

36 Ill. 2d 568 · Illinois Supreme Court · Jan 19, 1967

Finally, in my opinion the board’s charges were not established by the evidence. … But they are public officials engaged in the conduct of public business and they cannot be immunized from criticism, even by teachers.

Garrido v. Arena

993 N.E.2d 488 · Appellate Court of Illinois · Jun 18, 2013

Indeed, it would be hard to argue otherwise, given that the record clearly establishes that while plaintiff could theoretically receive both an aldermanic pension as well as his police pension at some point … Both of these contentions are merely aspects of the same qualified privilege under the first amendment. See generally Imperial Apparel, Ltd. v.

Gill v. Foster

232 Ill. App. 3d 768 · Appellate Court of Illinois · Jul 23, 1992

The burden of establishing the expert’s qualification rests with the proponent of the testimony, in this case the plaintiff, and the trial court’s determination of whether the witness is qualified to testify as an expert … Weller was not qualified to testify that the cost of a simple reduction of the stomach from the chest equated with the cost of hiatal hernia repair and, therefore, his testimony could not establish the relative cost of the

Gysan v. Francisko

District Court, N.D. Illinois · Feb 14, 2019

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Plaintiff’s response to the qualified immunity question is three sentences long and paints the constitutional issue at a very high level of generality by noting “[t]here are few constitutional rights more clearly established

Harden v. The City of Chicago

2013 IL App (1st) 120846 · Appellate Court of Illinois · Jan 22, 2014

Act (Tort Immunity Act) (745 ILCS 10/3-102 (West 2008)). … Vaughn, 166 Ill. 2d at 161-62. ¶ 36 “Although we are sympathetic to plaintiff’s injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens

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.

Chareas v. Township High School District No. 214

195 Ill. App. 3d 540 · Appellate Court of Illinois · Mar 12, 1990

Stat. 1987, ch. 122, pars. 24—24, 34—84a), defendant was immune from suits for negligence brought by its students because of its in loco parentis relationship to its students. … Corcoran establishes that the liability of the party in possession of premises upon which a minor is injured is determined by the rules of ordinary negligence.

Curry v. Pucinski

864 F. Supp. 839 · District Court, N.D. Illinois · Oct 5, 1994

Those materials establish that something was sent to Curry’s lawyer on three occasions. But it is the contents of the mailings that Curry disputes. … Immunity First Pucinski claims that she is entitled to immunity from this lawsuit under the Eleventh Amendment.