Case law

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  • Busch v. Schuttler

    216 Ill. App. 212 · Appellate Court of Illinois · Dec 10, 1919

    The other qualified and proceeded to perform his duties. It was held that there was no authority in the court to appoint a trustee to act with the one who qualified. … One only qualified. No.provision was made for the appointment of a successor, and it is apparent that the testator did not intend that the failure of one trustee to qualify should create a vacancy.

    Cited 2 timesPublished
  • 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.

    Cited 12 timesPublished
  • Risper

    District Court, C.D. Illinois · Dec 8, 2025

    C Defendants argue that they are entitled to qualified immunity. … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

    Cited 0 timesUnknown
  • McNease v. Laldee

    District Court, N.D. Illinois · Mar 18, 2021

    Qualified Immunity Qualified immunity “protects government officials from damages liability insofar as their conduct does not violate clearly established statutory … The Court’s next inquiry is whether this was a clearly established constitutional right of which a reasonable officer would have known.

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • Hacker v. Halley

    458 Ill. Dec. 149 · Appellate Court of Illinois · Nov 15, 2021

    qualified voters of an established political party nominates candidates for municipal office in a municipality with a population under 5000. … Regardless of whether this purported justification for disparately treating established political parties holds any water, the simple fact remains that the legislature has clearly stated its intent to treat

    Cited 6 timesPublished
  • Olinger v. Doe

    163 F. Supp. 2d 988 · District Court, N.D. Illinois · Apr 12, 2001

    But it is important to note that, in Green , the defendant’s employees clearly asked the police to arrest the plaintiff. Green, 77 Ill.App.2d at 31 , 222 N.E.2d at 136 . … (“the Tort Immunity Act”). Courts that have considered whether the Tort Immunity Act applies to the CTA and have held that the Act specifically excludes the CTA. See Slaughter v. Rock Island City Metro.

    Cited 1 timesPublished
  • Tremper v. Board of Education School District No. 89

    3 Ill. App. 3d 264 · Appellate Court of Illinois · Dec 27, 1971

    Stat. 1969, ch. 122, pars. 9 — 3 and 9 — 9) the legislature clearly indicated that a voter may vote anywhere in the school district and cannot be directed by a notice of election to vote in the precinct where he resides. … For the purposes of this act a person qualified to vote in a school election shall be known as a legal voter or voter.

    Cited 1 timesPublished
  • Davit v. Davit

    366 F. Supp. 2d 641 · District Court, N.D. Illinois · Nov 22, 2004

    Davit, therefore, cannot rely on Section 1503 to establish an underlying predicate act for his RICO claims. Pettiford, 2004 WL 626151 , at *11; Albarran v. … The Defendant-Judges are clearly and con-cededly members of the Circuit Court of DuPage County, Illinois. {See, e.g., D.E. 1, Ex.

    Cited 7 timesPublished
  • People v. Knowles

    76 Ill. App. 3d 1004 · Appellate Court of Illinois · Sep 28, 1979

    In order to establish the lack of competent representation by an appointed counsel, it is necessary for the defendant to clearly demonstrate actual incompetency of counsel, as reflected by the manner of carrying out his duties … Defendant raises no other matter which could be considered to be more than an error in judgment or trial strategy, neither of which can establish incompetency of counsel. (People v.

    Cited 20 timesPublished
  • The PEOPLE v. Speice

    23 Ill. 2d 40 · Illinois Supreme Court · Sep 22, 1961

    In Shambley we said, 4 Ill.2d 38, 42 , “the rule seems to be well established that where two persons have equal rights to the use or occupation of premises, either may give consent to a search and the evidence thus disclosed … Therefore, if the defendant’s wife freely consented to a search of the premises, the consent was sufficient to waive the defendant’s immunity.

    Cited 17 timesPublished
  • Board of Regents for Regency Universities Ex Rel. Sangamon State University v. Human Rights Commission

    196 Ill. App. 3d 187 · Appellate Court of Illinois · Apr 11, 1990

    Martin alleged she was as qualified or better qualified than two males who were made assistant professors. … Martin established women were underutilized at SSU.

    Cited 6 timesPublished
  • Plummer v. Belford

    District Court, S.D. Illinois · Dec 19, 2024

    Qualified Immunity The Defendants also argue that they are entitled to qualified immunity shielding “government officials from civil damages liability unless … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time

    Cited 0 timesUnknown
  • Grace Community Church Assemblies of God v. Department of Revenue

    409 Ill. App. 3d 480 · Appellate Court of Illinois · Apr 18, 2011

    Decisions of mixed questions of law and fact are reversible only if they are clearly erroneous. Cinkus, 228 Ill. 2d at 211 , 886 N.E.2d at 1018 . The clearly erroneous standard is “significantly deferential.” … However, neither the exemption statute nor cases interpreting it have established a minimum required frequency of use for religious purposes. In general, unused property cannot qualify for an exemption.

    Cited 3 timesPublished
  • In re The Detention of White

    2016 IL App (1st) 151187 · Appellate Court of Illinois · Nov 30, 2016

    The record here clearly establishes that both State experts testified that White’s two disorders of os-paraphilic disorder, nonconsenting females, and os-antisocial personality disorder, in conjunction, … clearly establishes that Drs.

    Cited 33 timesPublished
  • Sprague v. Brook

    149 F.R.D. 575 · District Court, N.D. Illinois · Feb 4, 1993

    On February 14, 1991, the OPM published interim regulations that established a conversion schedule for moving incumbent ALJs into newly established compensation levels. 5 C.R.R. § 930.210(j), (k). … Illinois Dep’t of Children & Family Servs., 892 F.2d 670 , 674 (7th Cir.1990) (proper to enter order staying discovery pending resolution of qualified immunity claims); Patterson v.

    Cited 6 timesPublished
  • The People v. Sterling

    357 Ill. 354 · Illinois Supreme Court · Jun 19, 1934

    Curtis and others were his bondsmen, and that he duly qualified and served as such State Treasurer, receiving a salary of $10,000 per annum therefor and not entitled to any other profit or income from said office. … It is clearly established in this State that it cannot. In the case of Mathias v. Mathias, 202 Ill. 125 , the parties were husband and wife.

    Cited 35 timesPublished
  • Tate v. City of Chicago

    District Court, N.D. Illinois · Nov 16, 2020

    security sweep, so they are entitled to qualified immunity. … Qualified immunity is not appropriate for the same reason.

    Cited 0 timesUnknown
  • Ellis v. E. W. Bliss & Co.

    173 Ill. App. 3d 779 · Appellate Court of Illinois · Aug 9, 1988

    The court said that “the intent of the contribution statute was to reach anyone who is culpable regardless of whether they have been immunized from a direct tort action by some special defense or privilege.” … The Contribution Act clearly contemplates, and encourages, settlement by fewer than all tortfeasors who may be responsible for a single injury.

    Cited 9 timesPublished
  • Mmubango v. Leavitt

    428 F. Supp. 2d 833 · District Court, N.D. Illinois · Apr 21, 2006

    Hamper also expressed his concerns that Mmubango had not stated clearly his reason for leaving the MPCA. (Id.) … Mmubango can establish a prima facie case of retaliation by proving that: 1) he engaged in a statutorily protected activity; 2) he applied and was qualified for the position; 3) he was not hired for the position; and 4) a

    Cited 2 timesPublished

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