Case law

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.

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.”

Brush v. Fowler

36 Ill. 53 · Illinois Supreme Court · Apr 15, 1864

The action was- for- forcible entry, and the plaintiff, it is admitted, made out a prima facie case, one which entitled him-to recover,.unless the defendant could establish a legal defense by the evidence he proposed to offer … As to the verdict for one'cent damages, though damages cannot be allowed in such action, we will not reverse the judgment for that cause, the merits being so clearly with the appellee. The judgment must be affirmed.

Snowden v. Henning

District Court, S.D. Illinois · Mar 11, 2025

Clearly Established Law Under the second qualified immunity prong—whether the law was clearly established at the time of the defendant’s conduct—the law at the time of the conduct … Snowden has not pointed to any other case clearly establishing the unconstitutionality of Henning’s use of force.6 Therefore, Henning is entitled to qualified immunity. IV.

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.”

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.

Rockhold v. O'Brien

312 Ill. App. 601 · Appellate Court of Illinois · Jan 7, 1942

They claim immunity because the defendants Siebel and Siebel were acting as attorneys, and Scofield as agent for the defendant corporation and Wardell, its trustee. … The Gilbert case is clearly not decisive of the case at bar, although findings in it aid in determining the question here.

Molitor v. Kaneland Community Unit District No. 302

18 Ill. 2d 11 · Illinois Supreme Court · Dec 16, 1959

Justice Davis, dissenting: I dissent from the decision of the court which, in one fell swoop, severs from the body of our Illinois law the ancient and established doctrine of governmental immunity from tort liability. … The rule of immunity of the people collectively charged with a governmental function was well established by 1607, the fouth year of James I. (Russell v. Men of Devon, 2 Term Rep. 671, 100 Eng. Rep. 359.)

DeGenova v. Sheriff of DuPage County

18 F. Supp. 2d 848 · District Court, N.D. Illinois · May 6, 1998

Supreme Court quite importantly, the Illinois Supreme Court clearly regards sheriffs as officers of the county. In Moy v. … In our case, an analysis of the constitutional text clearly indicates a strong connection between the sheriff and the county.

Kopolovic v. Shah

967 N.E.2d 368 · Appellate Court of Illinois · Mar 12, 2012

Shah qualifies as an author of statements covered by the Act. … Accordingly, he cannot establish the substantial truth of the charge that Dr.

Thompson v. LaSpisa

249 N.E.3d 468 · Appellate Court of Illinois · Aug 29, 2023

App. 3d 798, 811-12 (1998) (grant of summary judgment improper, as trial court sua sponte raised issue of vicarious liability, when defendant sought summary judgment only on issues of duty and statutory immunity; “[p]laintiffs … Note the qualifier—“except in very simple cases.” Id. at 43.

McCray v. Sage

District Court, N.D. Illinois · Sep 26, 2022

of force; Defendants also argue that they are entitled to qualified immunity. … that was clearly established at the time of the challenged conduct.”

Simpson v. Tri Valley Community Unit School District No. 3 an Illinois Local Governmental Entity

District Court, C.D. Illinois · Jul 6, 2020

Since there was no constitutional violation and no clearly established right was violated, Defendants conclude they are entitled to summary judgment on the basis of qualified immunity. … right was clearly established at the time of the search.

Hills v. Bridgeview Little League Ass'n

306 Ill. App. 3d 13 · Appellate Court of Illinois · Jun 14, 1999

Justice additionally argues that the court erroneously struck its Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/1 — 101 et seq. (West 1996)) defenses. … In order to show proximate cause, the plaintiff must, with reasonable certainty, establish that the defendant’s alleged acts or omissions caused the plaintiffs injury.

Lykowski v. Bergman

299 Ill. App. 3d 157 · Appellate Court of Illinois · Sep 18, 1998

These allegations are vague and conclusory and fall short of the “clearly and with particularity” standard. … Therefore, a qualified privilege of a special kind was recognized under which a newspaper or anyone else might make such a report to the public.

People v. Quinn

332 Ill. App. 3d 40 · Appellate Court of Illinois · Jun 24, 2002

An offer of proof “is not required where it is apparent that the trial court clearly understood the nature and character of the evidence sought to be introduced, or where the question itself and the circumstances surrounding … Most notably for purposes of the present appeal, the Knight court did not establish an absolute rule but, rather, recognized that a qualified privilege does exist at trial for the disclosure of a surveillance location.

Temple v. Thompson

District Court, S.D. Illinois · Mar 5, 2024

Qualified Immunity Defendants further assert they are entitled to summary judgment on the grounds of qualified immunity. … 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

Alexander v. Walls

District Court, S.D. Illinois · Oct 3, 2022

Qualified Immunity Defendants assert that even if an assault occurred, they are entitled to qualified immunity. … Governmental 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