Case law

Irshad Learning Center v. County of DuPage

804 F. Supp. 2d 697 · District Court, N.D. Illinois · Mar 28, 2011

Immunity Defendants argue that the individual Defendants are shielded by quasi-judicial immunity, (Def.’s Br. at 5), or, alternatively, legislative immunity. (Id. at 8.) … Whether or not these institutions qualify as “similarly situated” to Plaintiff need not be determined at this stage.

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.

Wagner v. Burlington Northern, Inc.

411 F. Supp. 537 · District Court, N.D. Illinois · Apr 14, 1976

fitness and ability to become qualified. … (e) The New Company may, in writing, request a Utility Employe to take an available regular or relief position for which he is qualified or has the fitness and ability to become qualified, in his seniority district which

In Re Beatriz S.

204 Ill. Dec. 523 · Appellate Court of Illinois · Oct 13, 1994

We agree with the State and find that the record in this case conclusively establishes that the trial court abused its discretion in failing to qualify Utigard as an expert in social work and Acosta as an expert in family … be arbitrary and clearly erroneous.

Bianchi v. McQueen

58 N.E.3d 680 · Appellate Court of Illinois · Jun 30, 2016

¶ 35 The record clearly establishes that on September 18, 2009, Judge Graham appointed McQueen as a special prosecutor pursuant to section 3-9008 of the Counties Code. … Plaintiffs respond that their complaint alleges sufficient facts to establish malice, because the facts clearly establish that defendants’ intent was not to seek justice.

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

OKO, LLC v. Illinois Department of Revenue

2011 IL App (4th) 100500 · Appellate Court of Illinois · Jun 20, 2011

indicia of ownership to qualify for the exemption. … The ALJ complains here that OKO “did not clearly establish through documentary evidence” that the Center had a troubled financial history, that the sale-and-leaseback was its only financing option, or why the

Roberts v. Board of Trustees Community College District No. 508

2018 IL App (1st) 170067 · Appellate Court of Illinois · Aug 24, 2018

In Palmateer, the Illinois Supreme Court discussed the meaning of “clearly mandated public policy”: “There is no precise definition of the term. … Plaintiff’s complaint alleges defendant breached the PPA when it asserted to the accrediting agencies that HeaPro 101 instructors were properly qualified.

Wilson

District Court, S.D. Illinois · Apr 20, 2026

Government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional … Here, Defendants are not shielded by qualified immunity.

Chicago Union Traction Co. v. City of Chicago

59 L.R.A. 631 · Illinois Supreme Court · Oct 25, 1902

An exemption or immunity from taxation so vitally affects the exercise of powers essential to the proper conduct of public affairs, and to the support of government, that immunity or exemption from taxation is never sustained … , unless it has been given in language clearly and unmistakably evincing a purpose to grant such immunity or exemption.

Dienes v. Holland

78 Ill. 2d 8 · Illinois Supreme Court · Dec 3, 1979

520, 523 ), and where the intendment of the statute is clear from the language itself a court will not resort to judicial construction by “ ‘reading into a statute exceptions, limitations or conditions which conflict with clearly … This would require a claimant to establish something in addition to what the statute requires in order to qualify for benefits.

Alencastro v. Sheahan

Appellate Court of Illinois · Jul 28, 1998

Although defendant's office clearly plays a role in the eviction process, that is not to say that defendant exercises final policymaking authority over that process. … Additionally, liability cannot be imposed upon a supervisory official without establishing that the official was directly responsible for the improper activity. Rizzo v. Goode, 423 U.S. 362, 373-77 , 46 L.

O'Brien v. City of Chicago

Appellate Court of Illinois · Dec 20, 1996

Counts six and seven alleged the City owed plaintiffs a duty to install median barriers under sections 3- 102(a) and 3-103(a) of the Local Governmental and Governmental Employees Tort Immunity Act ("Tort Immunity Act") … The construction qualifies as an improvement and, under section 13-214(b), any suits regarding that construction must be initiated within ten years.

Ballard v. Yuhas

District Court, N.D. Illinois · Sep 6, 2023

“To defeat a defense of qualified immunity, the plaintiff must show two elements: first, that the facts show a violation of a constitutional right, and second, that the constitutional right was clearly established at the … This defines Ballard’s rights far too broadly to defeat qualified immunity.

Summers v. Allis Chalmers

568 F. Supp. 33 · District Court, N.D. Illinois · Mar 25, 1983

It is well established that “the desire to hire the more experienced or better qualified applicant is a non-discriminatory, legitimate, and common reason on which to base a hiring decision.” Holder v. … Defendant has established by uncontested facts the nondiscriminatory, legitimate reason for hiring Bacharach, that he was more experienced and better qualified.

Ajster v. Towne

District Court, N.D. Illinois · Aug 13, 2018

Defendants Bernabei and Hocking Are Entitled to Qualified Immunity Based on the facts presented in the pleadings, Detective Sergeant Hocking and Chief Bernabei are entitled to qualified immunity. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

In re Estate of Stinnette

2024 IL App (2d) 230174 · Appellate Court of Illinois · May 3, 2024

More importantly, Williams sought DNA testing to establish that Marcellis Jr. was, in fact, Marcellis Sr.’s son. That testing conclusively established that Marcellis Jr. was Marcellis Sr.’s son. … Clearly, Illinois courts have recognized that an otherwise qualified potential administrator of an estate might be disqualified because of an “unresolvable conflict of interest.”

Johnson v. Halloran

194 Ill. 2d 493 · Illinois Supreme Court · Dec 1, 2000

Having established defendants' employment status, we must next consider whether and to what extent they are shielded by sovereign immunity. The doctrine of sovereign immunity was abolished by this court in Molitor v. … Such language does not indicate clearly the temporal reach of this Act.

Rogy's New Generation, Inc v. Department of Revenue

Appellate Court of Illinois · Dec 29, 2000

Language development was clearly supported in preemer-gent activities in literacy with children." … Case law provides that to qualify for an educational exemption, a private entity must meet two prerequisites: (1) it must "offer a course of study which fits into the general scheme of education established by the State";

Lloyd v. County of Du Page

Appellate Court of Illinois · Mar 3, 1999

The allegations in the subparagraphs that the trial court determined were barred by the Tort Immunity Act fell within the category of conduct excluded from the grant of immunity provided by the Tort Immunity Act. … They were not set forth to establish the duty the doctor owed the decedent.