Case law

Grove School v. Guardianship & Advocacy Commission

596 F. Supp. 1361 · District Court, N.D. Illinois · Oct 24, 1984

Grove has not met the burden of pleading established by Margóles. … override sovereign immunity.

Williams v. Cooper

District Court, S.D. Illinois · Apr 1, 2020

To overcome a defense of qualified immunity, a plaintiff must demonstrate (1) that the defendant’s conduct violated his constitutional rights, and (2) that the violated right was clearly established at the time of the … Qualified immunity does not apply here.

Beck v. Lash

303 Ill. 549 · Illinois Supreme Court · Jun 21, 1922

The widow elected to qualify as executrix and filed the will for probate in the county court aforesaid. … The proof in the record was confined on the part of appellants mainly to the establishing of the facts that the testator, Theodore F.

In Re Stoecker

103 B.R. 182 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1989

Stoecker bears the burden of establishing that the privilege properly applies to either the documents or the act of production. … A mere blanket conclusory assertion does not establish a proper basis to apply a privilege against the documents or the production.

Soucy v. People ex rel. McCracken

113 Ill. 109 · Illinois Supreme Court · Jan 22, 1885

The failure to do so was clearly error. But the judgment of reversal need be placed on no technical ground. … The tribunal established by law for that purpose ought to have been suffered to decide that question for themselves in a lawful way.

People v. Caballero

179 Ill. 2d 205 · Illinois Supreme Court · Dec 4, 1997

Thus, defendant cannot establish that the disparate treatment of himself and Aviles was unreasonable or unwarranted. … Clearly, the result defendant seeks was not "dictated” by existing precedent, where this court rejected his original claim that his jury should have been "life qualified.” Caballero, 102 Ill. 2d at 45-46 .

O'Hare Truck Service, Inc. v. Illinois State Police

284 Ill. App. 3d 941 · Appellate Court of Illinois · Nov 22, 1996

We note that the defendants erroneously contend that sovereign immunity bars O’Hare’s suit in the circuit court. … In its complaint, O’Hare refers to ISP procedures, rules, and directives, but these "rules” do not qualify as a state statute or regulation.

Ladao v. Faits

2019 IL App (1st) 180610 · Appellate Court of Illinois · Jun 28, 2019

As the movant, defendant bore the burden of establishing that she was entitled to such a holding. … The trial court clearly found that defendant failed to carry that burden and did not establish that her statements were protected opinions.

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.

Group Securities, Inc. v. Carpentier

19 Ill. App. 2d 513 · Appellate Court of Illinois · Jan 23, 1959

to be qualified for sale in Illinois until September 14,1955. … The shares of the Fully Administered Fund and the General Bond Fund, the securities herein involved, were originally registered and qualified for sale in Illinois in 1939 and 1943, respectively, and continued to be qualified

Adams v. Board of Trustees of the Teachers' Retirement System

Appellate Court of Illinois · Feb 18, 2011

It is not the Board's burden to establish Adams did not perform additional duties for the pay raises she received in any year. The plaintiff bears the burden of proof. … The Board found monies paid to Adams "subject to the agreement [did] not qualify as salary under [the Administrative Code]."

Maksym v. Board of Election Commissioners

406 Ill. App. 3d 9 · Appellate Court of Illinois · Jan 24, 2011

We review the legal questions de novo and any mixed questions under the clearly erroneous standard. … Clearly, the majority must posit the existence of a new standard in order to avoid the application of the manifest weight standard to the Board's fact findings and application of the clearly erroneous standard to the Board's

Toney v. Bower

318 Ill. App. 3d 1194 · Appellate Court of Illinois · Feb 8, 2001

incurred on behalf of qualifying pupils. … The party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. In re Marriage of Lappe, 176 Ill. 2d 414, 422 , 680 N.E.2d 380, 384 (1997).

United States v. Brighton Building & Maintenance Co.

435 F. Supp. 222 · District Court, N.D. Illinois · Jul 28, 1977

Clearly, if these allegations are proved, the Government will have established a sufficient affect on commerce to support a section 1 conviction. 4 United States v. Finis P. … Moreover, nothing in the Constitution would require such a “derivative” immunity concept since the grant of immunity required to be given an individual to acquire his testimony is merely that amount of “use” immunity which

Zonta v. Village of Bensenville

167 Ill. App. 3d 354 · Appellate Court of Illinois · Mar 23, 1988

We agree with the parties that the correct standard of care in this case is imposed by section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … However, once such right is clearly established, summary judgment should be granted. (Lorek v. Hollenkamp (1986), 144 Ill. App. 3d 1100, 1103 , 495 N.E.2d 679 .) In Kimbrough v. Jewel Cos. (1981), 92 Ill.

Scoa Industries, Inc. v. Howlett

33 Ill. App. 3d 90 · Appellate Court of Illinois · Oct 16, 1975

The State is immune from suit without its consent. (Powers v. Telander (1970), 129 Ill.App.2d 10 , 262 N.E.2d 342 .) … The court of claims has been established with exclusive jurisdiction to provide for the orderly disbursement of State funds if plaintiff’s claim has merit. See Chicago Welfare Rights Organization v.

Hossfeld v. Illinois State Bd. of Elections

924 N.E.2d 88 · Appellate Court of Illinois · Feb 24, 2010

The decision of an administrative agency is clearly erroneous when the reviewing court is left with the "`definite and firm conviction that a mistake has been committed.'" … Such restrictions and establishment of the periods of time involved are, within constitutional limitations, matters for legislative determination." Sperling, 57 Ill.2d at 86 , 309 N.E.2d 589 .

Ramos v. Rodriguez

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

Qualified Immunity Lastly, the Defendants argue that even if they used excessive force, they are entitled to qualified immunity because Ramos’s right was not clearly … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Jones v. Steck

2020 IL App (3d) 180548 · Appellate Court of Illinois · Jan 4, 2021

Maria also qualifies as an “other” under the statute. She does not own the levee, nor does she occupy it. … Jacobson also recognized that snowmobiling is an “inherently dangerous sport” and that “the clear language of the statute immunizes [the landowner] from an action sounding in negligence.”

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.