Case law

Vincent Ex Rel. Reed v. DEPT. HUMAN SERV.

392 Ill. App. 3d 88 · Appellate Court of Illinois · Jun 18, 2009

Congress further provided that the rule applies "whether or not the medicaid qualifying trust is irrevocable or is established for purposes other than to enable a grantor to qualify for medical assistance * * * or * * * whether … Given these facts, we cannot say that the Department's finding that the invoice was not "exclusively for a reason other than to qualify for assistance" was clearly erroneous.

Coleman-Napper v. CKEM, Inc

District Court, S.D. Illinois · Feb 3, 2023

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Id. … Here, Defendants Cleveland and Cooper argue they are entitled to qualified immunity because there was no clearly established right for Mr. Napper to have Roever arrested.

Sisters of the Third Order of St. Francis v. Board of Review

231 Ill. 317 · Illinois Supreme Court · Dec 17, 1907

It is an institution of public charity, and where an institution devoted to beneficence of that character is, under the law, exempt from taxation, it does not lose its immunity by reason of the fact that those patients received … of bringing itself within the statute exempting the property of institutions of public charity from taxation, but the evidence in this case clearly shows that no such state of affairs exists here.

People v. Nally

216 Ill. App. 3d 742 · Appellate Court of Illinois · Jul 22, 1991

Under transaction immunity, however, the witness is fully immunized from prosecution for any offense to which his compelled testimony may relate. (Fitzgerald, 66 Ill. 2d at 549 .) … The trial judge’s statements clearly focused on the force employed and the physical manner in which McNamee’s death was brought about, and not simply the fact of death itself.

Haberer v. Moorman Manufacturing Co.

341 Ill. App. 521 · Appellate Court of Illinois · Nov 2, 1950

The sheep were given a serum for immunity. There was evidence that in the latter part of March the flock of sheep were healthy, even though a few had had shipping fever. … This is particularly true in view of the fact that the jury was clearly instructed as to the necessity for establishing by evidence the right of the plaintiff in the cause to recover.

Wilhite v. Illinois Power Co.

139 F. Supp. 2d 971 · District Court, C.D. Illinois · Apr 10, 2001

If an employer does not qualify as a loaning employer under the first test, there is a second test. … Thus, the Court will only allow Illinois Power’s Motion For Summary Judgment if Illinois Power can clearly establish that Matthew Wilhite was a borrowed employee. 1.

Libbra v. City of Litchfield, Ill.

893 F. Supp. 1370 · District Court, C.D. Illinois · Jul 20, 1995

law and (2) that this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States. … Clearly, the content of such signs is not protected under the First Amendment. See Brenner v.

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

Gallagher v. Lenart

226 Ill. 2d 208 · Illinois Supreme Court · Aug 9, 2007

We agree that a claim to enforce a workers’ compensation lien qualifies as a “claim under the Workers’ Compensation Act” in the abstract. … Plaintiffs assert that Rail Terminal’s lien qualifies as a “dispute[ ] or claim[ ]” arising out of Gallagher’s relationship with Rail Terminal.

Williams v. Williams

108 Ill. App. 3d 936 · Appellate Court of Illinois · Aug 27, 1982

App. 3d 74, 75-76 , 411 N.E.2d 547 , 548: “[I]n *** Elkins *** the Illinois Supreme Court held that the immunity established by the 1953 amendment did not bar suit, but rather that it provided the tortfeasor spouse with a … While the instant case does not at this point involve a co-tortfeasor and the issue of contribution, the Wirth opinion clearly recognized that the modern tort trend with respect to interspousal immunity is to dilute the doctrine

Busch v. Bates

323 Ill. App. 3d 823 · Appellate Court of Illinois · Jul 25, 2001

The defendants moved for summary judgment on May 8, 1999, and again asserted the defense of sovereign immunity. … Illinois State Police Directive PER-30, 92-51, established an internal investigative procedure within the Illinois State Police concerning complaint and disciplinary investigations.

Moton v. City of Rockford

District Court, N.D. Illinois · Aug 26, 2025

Fourth, in the alternative, Defendants argue that Officer Vazquez is entitled to qualified immunity because no clearly established law would have informed him that his conduct was unlawful. (Id.at 10.) … “Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense.” Taylor, 132 F.4th at 486.

Davila

District Court, N.D. Illinois · Mar 31, 2026

Pustul also argues that he has qualified immunity from Davila’s claim. Def.’s Br. at 8–9. … Indeed, Davila cites no cases at all in responding to the qualified immunity de- fense. See id. So qualified immunity does apply, and is another reason why the sum- mary judgment motion must be granted.

Cervantes v. Jones

23 F. Supp. 2d 885 · District Court, N.D. Illinois · Oct 14, 1998

The record now clearly demonstrates, however, that this ease is not analogous to Jones. … Absolute Immunity As he did in his motion to dismiss, Jones additionally argues that he has absolute immunity for any false statements he made before the grand jury.

Maschek v. City of Chicago

2015 IL App (1st) 150520 · Appellate Court of Illinois · Feb 19, 2016

Act (Tort Immunity Act) barred plaintiff’s fraud claim (745 ILCS 10/2-107 (West 2014)). ¶ 19 Defendant attached exhibits which included a copy of the ticket mailed to plaintiff. … Two Issues ¶ 51 The case before us presents two distinct issues: whether the schooling of special needs children qualifies as a school day for purposes of the ASE law and whether recovery classes qualify

Yattoni v. Oakbrook Terrace

801 F. Supp. 140 · District Court, N.D. Illinois · Sep 10, 1992

violated the plaintiff's clearly established constitutional rights (- U.S. at -, 112 S.Ct. at 536 , citing Harlow v. … McGowan, 957 F.2d 345 , 349 n. 1 (7th Cir.1992) aptly notes that qualified immunity is something of a misnomer in this context, for the law in this area is simpler than the daunting doctrinal label of qualified immunity may

People v. Franz

54 Ill. App. 3d 550 · Appellate Court of Illinois · Oct 17, 1977

The defendant contends that because Coss was addicted to amphetamines at the time of the offense and had been granted immunity from prosecution for his participation in the crime, his testimony was insufficient to establish … Clearly, the determination of guilt or innocence by the jury came to a question of the credibility of Coss and Heiman as opposed to that of the defendant and his relatives.

PHL, INC. v. Pullman Bank and Trust Co.

216 Ill. 2d 250 · Illinois Supreme Court · Jun 3, 2005

In my view, the court’s conclusory analysis with respect to the issue of sovereign immunity is at odds with the spirit of the officer suit exception to the doctrine of sovereign immunity. … Clearly, the record establishes that the Attorney General would not allow the Treasurer to proceed with this transaction.

Baltz v. County of Will

609 F. Supp. 992 · District Court, N.D. Illinois · Feb 21, 1985

Hilger had not established good rapport with her, Baltz refused to let him test or treat her. Instead, she underwent testing at her own expense. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions or trivialities.

Jackson v. Stubenvoll

District Court, N.D. Illinois · Mar 31, 2022

Qualified Immunity Qualified immunity “‘shields officials from civil liability so long as their conduct does not violate clearly established . . . constitutional … established rights for qualified immunity purposes); Godinez v.