Case law

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

Johnson v. Edward

District Court, N.D. Illinois · Mar 14, 2024

Prevailing on these claims requires Johnson to overcome qualified immunity, which shields government officials from liability for damages in their personal capacity unless they violate clearly established law. … The undisputed facts establish that Defendants had at least arguable probable cause, so they are entitled to qualified immunity.

Thornton Fractional High School District No. 215 v. Illinois Educational Labor Relations Board

404 Ill. App. 3d 757 · Appellate Court of Illinois · Sep 30, 2010

Taylor was chosen because she was the most qualified applicant. … The decision of the IELRB was clearly erroneous on this issue. There was no history of past practice to establish a status quo here.

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

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.

Friederich v. Board of Education of Community Unit School District No. 304

59 Ill. App. 3d 79 · Appellate Court of Illinois · Apr 13, 1978

The cases of misfeasance referred to by the plaintiff, however, as a basis for such a duty, are cases where there is a link between the alleged failure of duty and the injury itself, as is clearly evidenced by the distillation … Section 2 — 110 of the Act provides: “Any liability of a local public entity established by this Act is subject to any defense that would be available to the local public entity if it were a private person.” Ill. Rev.

In re Bank One Securities Litigation, First Chicago Shareholder Claims

209 F.R.D. 418 · District Court, N.D. Illinois · Jul 31, 2002

However, Binks clearly establishes that the mere presence of law suits is not substantial enough to meet the burden of proving documents were produced in anticipation of litigation. Id. … The subpoenaed documents *427 must be produced when the agency fails to establish such privilege. Id. The bank examination privilege, however, is not an absolute privilege but rather a qualified privilege.

Baumgardner v. County of Cook

108 F. Supp. 2d 1041 · District Court, N.D. Illinois · Aug 3, 2000

The parties have agreed that the issue of qualified immunity from a § 1983 claim is an issue that is best decided after discovery. … Therefore, the Court declines to address the issue of Krystiniak’s qualified immunity at this time. IV. CONGRESS DID NOT INTEND THE ADA TO FORECLOSE SEPARATE § 1983 CLAIMS BROUGHT FOR CONSTITUTIONAL VIOLATIONS A.

Hipes v. Judge

District Court, C.D. Illinois · Mar 5, 2020

State actors performing discretionary functions are protected by qualified immunity when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome a defendant’s invocation of qualified immunity, the plaintiff must show (1) a constitutional violation occurred, and (2) the constitutional right was clearly established at the time of the official’s alleged

People Ex Rel. Kenney v. City of Goreville

154 Ill. App. 3d 1091 · Appellate Court of Illinois · Apr 16, 1987

Because summary judgment is a drastic measure, it is to be granted only where the evidence, when construed most strongly against the moving party, establishes clearly and without doubt his right thereto. Motz v. … We find the Department has failed to establish clearly and without doubt its right to summary judgment.

Village of Wheeling v. Exchange National Bank

213 Ill. App. 3d 325 · Appellate Court of Illinois · Mar 22, 1991

The Teska firm was of the opinion that the area was “clearly eligible” for redevelopment pursuant to the Tax Increment Act. … It is our opinion that there were sufficient factors present for the subject property to qualify as a blighted area.

Treece v. Shawnee Community Unit School District No. 84

39 Ill. 2d 136 · Illinois Supreme Court · Jan 19, 1968

Harvey is not germane, as there we struck down as arbitrary an attempt to immunize park districts by statute from certain tort liabilities, because other similar governmental entities had no such immunization. … We said that the contradicting pattern of immunity and liability bore no relationship to the realities of life and was unreasonable.

Nickels v. Burnett

Appellate Court of Illinois · Oct 20, 2003

Defendants properly note that the Act was clearly within the purview of the legislature to enact. … The plaintiff argued in favor of a public-policy-based interpretation of the Tort Immunity Act that would not immunize the defendant doctors.

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.

Lewis v. Harris

965 F. Supp. 1179 · District Court, C.D. Illinois · Jun 5, 1997

“To have a property interest [in public employment] a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Nevertheless, “[t]o establish a property interest in a probationary pohce officer’s employment with a pohce department, the municipality must establish procedural requirements for termination of those officers.” Id.

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.

Mercardo v. Greer

District Court, N.D. Illinois · Mar 31, 2023

Qualified immunity protects government officials from civil liability if “their conduct does not violate clearly established statutory or consti- tutional rights of which a reasonable person would have known.” … To defeat qualified immunity, a plaintiff must establish that (1) “the official violated a statutory or constitutional right” and (2) “the right was clearly established at the time of the challenged conduct.” Reed v.

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.

Gamble v. County Of Cook

District Court, N.D. Illinois · Sep 16, 2020

As a result, “dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.’ … The next issue is whether her constitutional right was “clearly established.”

Stewart v. McGinnis

800 F. Supp. 604 · District Court, N.D. Illinois · Aug 4, 1992

Defendants seek to escape from damages liability as well by invoking the doctrine of qualified immunity. That argument need not be addressed because none of Stewart’s claims has been successful in any event. … immunity terms as well (after all, if a plaintiff has no valid substantive claim, it follows a fortiori that he had no "clearly established” constitutional right when the defendants acted). 5 .