Case law

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

Gaddis v. Stearns

District Court, S.D. Illinois · Jan 27, 2020

Qualified Immunity Defendants Stearns and Spinka are also entitled to qualified immunity. … Gaddis does not address qualified immunity and has not met his burden of demonstrating that Stearns’ actions were so egregious that no reasonable person would believe that he did not violate a clearly established right.

Ossey v. Retail Clerks' Union

326 Ill. 405 · Illinois Supreme Court · Jun 22, 1927

Halsted street and the other at 1235 South Halsted street, at both of which they sell men’s and women’s clothing and accessories; that the complainants have been engaged in that business for a considerable period and have established … Even if the validity of the act invoked by the appellants be assumed, a question not now decided, it afforded them no immunity for thfjir acts.

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.

Ballard v. Board of Education of Rock Island School District No. 41

167 Ill. App. 3d 224 · Appellate Court of Illinois · Mar 9, 1988

JUSTICE SCOTT delivered the opinion of the court: The plaintiff, Bonnie Ballard, appeals from a judgment order entered by the circuit court of Rock Island County which held she failed to establish her right to a full-time … Stat. 1985, ch. 122, par. 10 — 22.4), had dismissed DeVinney and created an actual vacancy, the record clearly reveals she could not be appointed as she was not legally qualified.

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.

Wuerffel v. Cook County Sheriff's Office

District Court, N.D. Illinois · Sep 25, 2019

Qualified Immunity as to Counts I and IV “Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … right, and (2) whether that constitutional right was clearly established at the time of the alleged violation.”

The People v. Clark

9 Ill. 2d 400 · Illinois Supreme Court · Sep 25, 1956

arrest him without a warrant for that offense, The guaranty of section 6 of article II of our constitution is not against all searches and seizures but only against unreasonable search and seizure, and does not extend to immunity … Thus the proof received on behalf of the People by stipulation clearly establishes the possession of policy slips by the defendant, and since no testimony was offered by the defendant to rebut the presumption that they were

Cullerton v. Du Page County Officers Electoral Board

384 Ill. App. 3d 989 · Appellate Court of Illinois · Aug 7, 2008

law and fact — questions on which the historical facts are admitted, the rule of law is undisputed, and the only remaining issue is whether the facts satisfy a statutory standard — will not be disturbed on review unless clearly … Such restrictions and establishment of the period of time involved are, within constitutional limitations, matters for legislative determination.

People v. Hundley

4 Ill. 2d 244 · Illinois Supreme Court · Nov 18, 1954

It is the well-established law of this State that where the State’s Attorney, for a sufficient reason which he shows to the court, doubts the integrity or veracity of an adverse witness, he is not required to call him as … She had been granted immunity and could testify freely as to any material issue.

Richardson v. Johnson

District Court, N.D. Illinois · Jun 15, 2020

A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Dockery v. … was clearly established at the time of the defendant’s alleged misconduct.

Department of Central Management Services/The Illinois Commerce Comm'n v. Illinois Labor Relations Board, State Panel

2015 IL App (4th) 131022 · Appellate Court of Illinois · May 7, 2015

Our supreme court has defined the clearly erroneous standard as follows: “An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety … Moreover, on appeal, petitioners have failed to establish any issues of fact exist that would warrant an evidentiary hearing.

Murphy v. Board of Review of Department of Employment Security

334 Ill. Dec. 733 · Appellate Court of Illinois · Sep 29, 2009

This determination was not clearly erroneous. … We do not find this determination to be clearly erroneous.

Gaca v. City of Chicago

411 Ill. 146 · Illinois Supreme Court · Jan 24, 1952

Establishing classifications is primarily a legislative function, and judicial interference is never warranted except for the purpose of ascertaining whether the legislative action is clearly unreasonable. … It was contended that this legislation violated the constitution because the acts were local and special laws in relation to cities, county affairs and management of common schools and granting special privileges and immunities

Hodo v. City Of Chicago

District Court, N.D. Illinois · Mar 23, 2022

Qualified Immunity Finally, Defendants invoke qualified immunity, which “shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory … Once a government officer invokes qualified immunity, the plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Burnham City Hospital v. Human Rights Commission

126 Ill. App. 3d 999 · Appellate Court of Illinois · Aug 13, 1984

The evidence before the administrative law judge clearly showed that Clifton was a member of a minority group, was qualified for the position of pharmacist’s technician, had applied to Burnham for such a job, and was rejected … First, he determined Clifton was more qualified than the applicant that Burnham hired.

Creamer v. Rude

37 Ill. App. 2d 148 · Appellate Court of Illinois · Sep 22, 1962

The evidence clearly establishes that at the time of, and immediately prior to, the collision, the defendant was actively engaged in work upon the surface of the highway. He had been plowing snow and ice on H. S. … Clearly, in our opinion, there was no question of fact to be resolved. The defendant was “actually engaged in work upon the surface of the highway.”

People v. Columbo

118 Ill. App. 3d 882 · Appellate Court of Illinois · Jun 24, 1983

Illinois law clearly states that the substance of a telephone conversation is competent evidence provided that: (1) a proper foundation is established as to the identity of the parties participating in the call (People v. … Both letters of immunity were entered into evidence.