Case law

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.”

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.

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.

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.

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.

Monon Corp. v. Stoughton Trailers, Inc.

169 F.R.D. 99 · District Court, N.D. Illinois · Sep 19, 1996

Stoughton asserts that the information sought is discoverable due to the crime-fraud exception to the attorney-client privilege and work product immunities or, in the alternative, due to necessity pursuant to Fed.R.Civ.P. … The Seventh Circuit recognizes the qualified nature of the work product immunity. Loctite Corp. v. Fel-Pro, Inc., 667 F.2d 577, 582 (7th Cir.1981).

The PEOPLE v. Hobbs

35 Ill. 2d 263 · Illinois Supreme Court · Sep 23, 1966

The most that can be said is that the two versions constitute a conflict in the evidence, which fact does not of itself establish a reasonable doubt. (People v. Kelly, 8 Ill.2d 604 .) … And such disagreement on successive trials could result in practical immunity from murder.

River Park, Inc. v. City of Highland Park

281 Ill. App. 3d 154 · Appellate Court of Illinois · Jun 12, 1996

App. 3d 11 (1995), we stated: "A complaint should be dismissed under section 2 — 615 for failure to state a cause of action only when it clearly appears that no set of facts could be proved under the pleadings which would … Nothing in this opinion should be construed as establishing or supporting the proposition that — absent the kind of extreme and extraordinary allegations of bad faith, corruption, or maliciousness contained in the present

Radcliff v. Hanger

239 Ill. App. 292 · Appellate Court of Illinois · Dec 31, 1925

We are not warranted in reversing the judgment upon the facts unless we are compelled to say from an examination of all the evidence it clearly does not support the verdict. This we cannot say. … It was not the legislative purpose to establish that right. But all uncertainty as to when they may or must be removed is eliminated. That was the purpose.

Kocsis v. Chicago Park District

362 Ill. 24 · Illinois Supreme Court · Nov 21, 1935

Justice Wilson delivered the opinion of the court: The plaintiff, Joseph Kocsis, a qualified tax-payer of the former West Pullman Park District, filed a complaint in the circuit court of Cook county against the Chicago Park … The fourth contention is that the Assumption act is a special act granting irrevocable privileges and immunities.

Bell Leasing Brokerage, LLC v. Roger Auto Service, Inc.

372 Ill. App. 3d 461 · Appellate Court of Illinois · Mar 30, 2007

Third, the Defendant should have been found to be immune from civil liability pursuant to 625 ILCS 5/4—213. … The evidence at trial established that Roger’s Towing, through its employee, misrepresented the amount of money required to recover the van.

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

Carr v. Whittenburg

462 F. Supp. 2d 925 · District Court, S.D. Illinois · Apr 28, 2006

Because the disciplinary report was not written with retaliatory intent, the defendants argue further, they are entitled to summary *928 judgment on the grounds of qualified immunity. Discussion A. … immunity.

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.

Board of Education of the City of Chicago v. Cady

369 Ill. App. 3d 486 · Appellate Court of Illinois · Dec 13, 2006

A decision of an administrative agency is contrary to the manifest weight of the evidence if the opposite conclusion is clearly evident from the record. City of Belvidere v. … Consequently, even if Cady had established a discriminatory motive in recruiting for the music position, the Board established by a preponderance of the evidence that it would not have hired Cady in the absence of any

Landry v. Daley

280 F. Supp. 929 · District Court, N.D. Illinois · Dec 28, 1967

The rule established by the early cases dealing with the powers of a single judge when such injunctive relief was sought was that a single judge could not dismiss such an action on the merits. [5] This doctrine was qualified … Before a federal court will assume equitable jurisdiction, however, the groundwork for such relief must be established.