Case law

Zimmerman v. Schuster

14 Ill. App. 2d 535 · Appellate Court of Illinois · Nov 25, 1980

Even though the intention to create a trust in a party clearly appear, if the terms by which it is created are so vague and indefinite that the court cannot ascertain clearly either its object or the persons who are to take … Under the trust theory, the taker of the original title never had any beneficial interest, and once sufficient basic facts are established, equity will enforce or execute the trust against the person so holding. 54 Am.

Perez v. Ashcroft

236 F. Supp. 2d 899 · District Court, N.D. Illinois · Aug 7, 2002

On April 5, 2000 INS denied the visa petition on the grounds that the position of “music director” did not clearly qualify as a religious occupation (I.St.¶ 15). … ) violates the Establishment Clause of the First Amendment.

City of Belleville v. Human Rights Commission

167 Ill. App. 3d 834 · Appellate Court of Illinois · Apr 6, 1988

He qualified both times. In a handicap discrimination case, the complainant fails to establish his prima facie case only if he cannot do the job. Stafford is not only able to do the job, but is highly qualified. … Stafford clearly met his burden of establishing a prima facie case of discrimination.

Marks v. Turnage

680 F. Supp. 1241 · District Court, N.D. Illinois · Feb 26, 1988

After three candidates turned down the position a fourth was selected, leaving plaintiff as the only employee who was qualified and certified (cplt. If 12). … Jurisdictional Analysis We begin with the well-established principle that § 2401(a) is not an ordinary statute of limitations but is a condition on the government’s waiver of sovereign immunity and must be narrowly construed

Safari Childcare Inc v. Penny

District Court, N.D. Illinois · Aug 2, 2019

“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 person … would have known. … A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at

Daugherty v. Doe

District Court, S.D. Illinois · Jul 7, 2021

Qualified Immunity Defendants assert that if they used excessive force, they are entitled to the defense of Qualified Immunity (Doc. 136, pp. 9-10). … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. Hope v. Pelzer, 536 U.S. 730, 736 (2002).

Bullock v. Sheahan

568 F. Supp. 2d 965 · District Court, N.D. Illinois · Jul 30, 2008

Qualified Immunity County and local government entities are not covered by the Eleventh Amendment. Richman v. Sheahan, 270 F.3d 430 , 439 (7th Cir.2001) (citation omitted). … to qualified immunity.

The People v. Baker

16 Ill. 2d 364 · Illinois Supreme Court · Mar 20, 1959

We are satisfied that defendant’s guilt was established beyond a reasonable doubt. … When being qualified as a witness for the prosecution, Taylor testified he had pleaded guilty to the theft, that he had not yet been sentenced, that he would be sentenced at a future date, and that he had not received any

Lazenby v. Mark's Construction

Illinois Supreme Court · Jan 22, 2010

In the statute at issue, the legislature clearly expressed its intent that the statute be given retroactive effect. … The immunity provided by the fireman’s rule is similar to the immunity found to be a “vested right” in Henrich.

Baravati v. Josephthal Lyon & Ross Inc.

834 F. Supp. 1023 · District Court, N.D. Illinois · Oct 4, 1993

The Federal Arbitration Act establishes a federal policy favoring arbitration. Moses H. Cone Memorial Hosp. v. Mercury Constr. … On the other hand, qualified privilege provides no such immunity for statements made with malice. Id. at 27, 490 N.E.2d at 1063 .

Wernikoff v. Health Care Service Corp.

376 Ill. App. 3d 228 · Appellate Court of Illinois · Sep 28, 2007

When an applicant applies for a policy, defendant’s underwriters consider the application and determine whether the applicant qualifies for a policy. … Most significantly, plaintiff cannot establish that he relied on defendant’s representations.

People v. Quick

308 Ill. App. 3d 474 · Appellate Court of Illinois · Dec 7, 1999

Rhoden and Jamison were given immunity in exchange for their testimony in the defendant’s case. … The State points out that the type of gun used and the location of the shooter were otherwise established by the physical evidence.

Turner v. Memorial Medical Center

233 Ill. 2d 494 · Illinois Supreme Court · Jun 18, 2009

The court concluded plaintiff failed to establish the existence of a public policy that a provision of law clearly mandated which Memorial allegedly violated by discharging plaintiff. … We do not read section 3 of the Medical Patients Rights Act to establish a clearly mandated public policy of patient safety that was violated by plaintiffs discharge.

Hershey Mfg. Co. v. Adamowski

22 Ill. 2d 36 · Illinois Supreme Court · Mar 29, 1961

is now being arranged for immediate delivery from aforesaid premises in Chicago to the establishment in Nevada." … A slot machine is clearly such a device.

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.”

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.

McGuire v. Sturch

District Court, N.D. Illinois · Mar 31, 2019

for qualified immunity because the rights Plaintiff seeks to vindicate werenot clearly established at the time of his injury. … indifference, Plaintiff’s claim still founders upon the rocky shoals of qualified immunity given that the right at issue was not clearly established.

Williams v. Aines

District Court, N.D. Illinois · Sep 25, 2024

is a clearly established right, meaning that the Defendants are not shielded by qual- ified immunity. Pl.’s Resp. at 10 (citing Monfils, 165 F.3d 511; Jackson, 653 F.3d 647). … But that is too high of a level of generality at which to assess qualified immunity: Williams must either cite a “clearly analogous case establishing the right to be free from the conduct at issue,” or show that even without

Logan v. City Of Evanston

District Court, N.D. Illinois · Oct 12, 2020

.2 Qualified immunity "protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which … In assessing a defense of qualified immunity, the Court considers "(1) whether the plaintiff's allegations make out a deprivation of a constitutional right, and (2) whether the right at issue was clearly established at

Carr v. Shirland Township

66 Ill. App. 3d 1033 · Appellate Court of Illinois · Dec 13, 1978

It is plaintiff’s position that under the Tort Immunity Act (Ill. Rev. … However, even accepting as true plaintiff’s allegations that the “Stop Ahead” was down and that the “Stop” sign was not clearly visible due to its height and lack of reflectorization, the facts alleged by plaintiff make it