Case law

Cooley v. Bd. of Educ. of the City of Chicago

761 F. Supp. 2d 808 · District Court, N.D. Illinois · Jan 25, 2011

Summary Judgment Standard Every Rule 56 movant bears the burden of establishing 2 the absence of any genuine issue of material fact (Celotex Corp. v. … and (2) that Azcoitia is immune from liability in any event (D.

Howard v. Board of Educ. Sycamore Dist.

876 F. Supp. 959 · District Court, N.D. Illinois · Feb 8, 1995

Further, Welcker argues he is protected by qualified immunity because a reasonable person in his position would not have considered the student misconduct to be unconstitutional and because no clearly established law made … Plaintiff also posits that the issue of qualified immunity is premature as it depends on facts outside the complaint and that the law regarding Welcker’s responsibilities was clearly established at the time of his alleged

Stahl v. Village of Hoffman Estates

296 Ill. App. 3d 550 · Appellate Court of Illinois · May 14, 1998

Privileges and Immunities Clause The privileges and immunities clause provides that “[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S. Const., art. … The Hoffman Estates transfer tax does not violate the privileges and immunities clause. 3.

McCarthy v. United States

563 F. Supp. 236 · District Court, N.D. Illinois · May 10, 1983

The ease is now before this Court on the defendants’ motion for summary judgment in which defendants have raised a number of immunity and statutory defenses. … The defendant denies any bad faith conduct on his part and raises as a defense the doctrine of immunity in all its forms — sovereign, absolute, and qualified.

Boyle v. Torres

756 F. Supp. 2d 983 · District Court, N.D. Illinois · Dec 21, 2010

Finally, even assuming that Martin and Darling lacked probable cause to arrest Boyle, they would be protected by qualified immunity. … Unlike in the case of the UCPD Officers, there is no doubt that CPD Officers can invoke the doctrine of qualified immunity. E.g., Carmichael v.

People v. Morgan

39 Ill. App. 3d 588 · Appellate Court of Illinois · Jun 11, 1976

At trial, the State tendered a petition, which was granted, to give immunity to Mae Liza Lee for any matter relating to the kflling of Theodore Fletcher. … It is weU established that an issue not presented to or considered by the trial court cannot be raised for the first time on appeal. (People v. Howell, 60 Ill. 2d 117 , 324 N.E.2d 403 ; People v.

Ruppel v. Ramseyer

33 F. Supp. 2d 720 · District Court, C.D. Illinois · Jan 19, 1999

If a reasonable officer would have believed that probable cause existed to arrest Plaintiff for DUI, the officer is entitled to qualified immunity. Kelley, 149 F.3d at 648 ; Edwards v. … This interpretation is also consistent with the well established case law cited previously by this court.

People v. Grayer

403 Ill. App. 3d 797 · Appellate Court of Illinois · Aug 24, 2010

upon a new qualifying conviction or disposition. … App. 3d 127, 130 (2009)), the “possibility of an unjust or absurd result is generally not enough to avoid the application of a clearly worded statute.” Petersen v. Wallach, 198 Ill. 2d 439, 447 (2002).

Ralston v. Rauner

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

Qualified Immunity Lastly, Defendants contend that qualified immunity protects Defendants from liability. … “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.”

People Ex Rel. Rappaport v. Drazek

30 Ill. App. 3d 310 · Appellate Court of Illinois · Jun 24, 1975

Stat. 1969, ch. 127, pars. 63b101 et seq.), clearly gives the Director of Personnel the power and discretion to add to current eligible lists. … Suffice it to say that a reading of both provisions clearly reveals no such limitation. Consequently, respondents cannot be restricted to any such procedure.

People v. Samuels

240 N.E.3d 1232 · Appellate Court of Illinois · Apr 17, 2024

offense in Case 1, and (3) he was not charged with a qualifying offense in Case 2 … These provisions demonstrate that the legislature knew how to clearly state when pretrial release is mandatory and when it is discretionary.

Curtis v. Chicago Transit Authority

341 Ill. App. 3d 573 · Appellate Court of Illinois · Jun 23, 2003

Although Saragusa was decided under now-repealed section 8 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (Ill. Rev. … Plaintiff here was represented by counsel, who was clearly aware of the requirements of section 41, but failed to comply with those requirements.

In re Marriage of Kehoe

2012 IL App (1st) 110644 · Appellate Court of Illinois · Mar 16, 2012

The parties clearly agreed upon a formula for calculating the pension apportionment during the time of dissolution. … These differences clearly demonstrate that the judgment in the case at bar was not “silent” in regard to the method of pension apportionment.

London Guarantee & Accident Co. v. Horn

101 Ill. App. 355 · Appellate Court of Illinois · Mar 6, 1902

Numerous cases, arising upon varied states of fact, are cited by counsel, which we can not, within the limits of this opinion, undertake to review, which go to establish the general proposition that no right of action arises … If this was so, then clearly, malice, as matter of law, on the part of appellant is established.

The People v. Exum

382 Ill. 204 · Illinois Supreme Court · Jan 19, 1943

The guaranty of the constitution is not against all search and seizure but against unreasonáble search and seizure, and it does not extend to immunity from search on arrest. … In this case the defendant was clearly proved guilty.

Mandziara v. Canulli

Appellate Court of Illinois · Sep 24, 1998

Canulli clearly sought access for himself and Jursich by issuing a records subpoena. … We have said: "The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the act." Renzi , 249 Ill.

Instituto Nacional De Comercializacion Agricola v. Continental Illinois National Bank & Trust Co.

576 F. Supp. 991 · District Court, N.D. Illinois · Jan 16, 1984

Indeca has not raised any sovereign immunity or act of state defense to the in pari delicto contention. … Nor does it appear it should be allowed to claim such immunity, see Foreign Sovereign Immunity Act (“FSIA”), 28 U.S.C. §§ 1602-11 , given its use of United States courts to assert its claim and the commercial nature of the

Bolden v. Pesavento

District Court, N.D. Illinois · Oct 28, 2022

Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time. … The claim was not clearly established law in 1994, and Defendants therefore have qualified immunity.

Kaufman v. Schroeder

Illinois Supreme Court · Feb 25, 2011

The circuit court of Jersey County found that the one-year limitation period found in section 8–101(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/8–101( … In summary, the majority’s holding in this case represents a striking and inexplicable departure from our established precedents in Brucker and Orlak, as well as those of the appellate court.

Illinois Educational Labor Relations Board v. Homer Community Consolidated School District No. 208

160 Ill. App. 3d 730 · Appellate Court of Illinois · Aug 5, 1987

The exceptions set forth in that legislation clearly appear to be exceptions to the newly created duty to disclose to the public. … The qualified privilege defined was that of need or necessity.