Case law

Binger v. People

21 Ill. App. 367 · Appellate Court of Illinois · Nov 24, 1886

The indictment in substance charged that defendant, while being a legally qualified and acting judge of election, at an election held in the township of St. … It clearly appears such an officer as judge of election is known under the statute, and if guilty of such official malfeasance as is charged in said indictment would, as a judge of election, be subject to punishment for such

Golden v. Mullen

295 Ill. App. 3d 865 · Appellate Court of Illinois · May 1, 1998

Clearly, Mullen was under a duty to respond to Sullivan’s concerns with diligence and candor. … Since the privilege affords complete immunity, classification of absolutely privileged communications is necessarily narrow. Barakat v. Matz, 271 Ill. App. 3d at 667 .

Sullivan v. City of Hillsboro

Appellate Court of Illinois · Mar 11, 1999

The trial court held that the city was immune from liability pursuant to provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/1-101 (West 1996)), and the court granted the city's … Clearly not. Though the plaintiff may have violated state statutes, the purpose of those statutes was not to prevent the type of harm the plaintiff encountered on the road.

Ozik v. Gramins Modified upon Denial of Rehearing

Appellate Court of Illinois · Oct 27, 2003

Plaintiff responds that willful and wanton conduct is an established exception to the public duty rule and to the immunities granted to municipalities and their employees by the Tort Immunity Act. … The court noted that section 2-202 of the Tort Immunity Act applied to the facts because "in responding to the domestic dispute at the [man's] residence, [the officers] were clearly involved 'in the execution or enforcement

Lackhouse v. Brady

746 F. Supp. 751 · District Court, N.D. Illinois · Jul 18, 1990

. §§ 621-634 (“ADEA”) 1 by repeatedly failing to hire Lackhouse as a revenue officer despite his being qualified for the position. … At each of those times Lackhouse was unsuccessful in applying for the revenue officer position despite the fact that he was fully qualified.

Berry v. City of Chicago

2019 IL App (1st) 180871 · Appellate Court of Illinois · Oct 7, 2019

“Municipal defendants are required to establish both of these elements in order to invoke immunity under section 2-201.” Van Meter, 207 Ill. 2d at 379. … Since the City has not established both elements of section 2-201 immunity under the Tort Immunity Act, dismissal of plaintiffs’ negligence claim pursuant to section 2-619 of the Code would be error. ¶ 46

Pikovsky v. 8440-8460 North Skokie Blvd.

357 Ill. Dec. 761 · Appellate Court of Illinois · Dec 27, 2011

Tamara attempts to reference the Chad Paul declaration in her statement of facts and as an appendix to her brief in order to establish Skokie and Rosen's knowledge of the snow and ice mounds. … This issue is also immaterial because we have already decided that Skokie and Rosen are immune from liability under the Act.

Illinois Ex Rel. Illinois Department of Public Aid v. Heckler

616 F. Supp. 620 · District Court, N.D. Illinois · Aug 23, 1985

In those terms Illinois might qualify for extensive federal funding, while a second state that provided exactly the same type and extent of services to handicapped children might not qualify for a single penny—and that would … But that contention is clearly wrong.

Ramirez v. City of Chicago

2019 IL App (1st) 180841 · Appellate Court of Illinois · Aug 12, 2019

The City asserted that the scope of a municipality’s duty to maintain its property is limited by the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-102(a) (West 2014)), which … Ramirez seeks to qualify as the latter, but we cannot overlook that she was near the curb to access her illegally parked car.

Humane Society of Will County v. St. Joseph Hospital

153 Ill. App. 3d 299 · Appellate Court of Illinois · Mar 12, 1987

We find that the “fails to qualify” language clearly encompasses a refusal on the part of ASPCA to accept the gift. Here, the disclaimer by the ASPCA automatically triggered the gift-over provision in the will. … The “fails to qualify language” and the gift-over provision in article seven of the will clearly encompass a refusal by the ASPCA to accept the gift on the terms set forth in article six.

Shelton v. the City of Chicago

42 Ill. 2d 468 · Illinois Supreme Court · May 28, 1969

To establish this contention they rely upon section 4 of the Statutory Construction Act, which provides : “No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to … The remedy sought to be asserted is clearly, in the language of our earlier decisions, a special statutory remedy.

Carrasquillo v. Young

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

The officers assert qualified immunity for the use of force. … The defendants are entitled to qualified immunity. C.

Mahoney Grease Service, Inc. v. City of Joliet

85 Ill. App. 3d 578 · Appellate Court of Illinois · Jun 19, 1980

Based upon the common law legislative immunity, plaintiff may not successfully maintain its claim against the individual councilmen defendants. … It is also established law that the city can ratify the out-of-court compromise of litigation by the city attorney. In City of Chicago v.

Central Illinois Light Co. v. Department of Revenue

336 Ill. App. 3d 908 · Appellate Court of Illinois · Feb 7, 2003

CILCO asserted that the coal qualified as part of a pollution control facility, which is specifically exempted under the Act. … However, the administrative law judge clearly stated that her decision was not based on the regulation.

P & S Grain, LLC v. County of Williamson

399 Ill. App. 3d 836 · Appellate Court of Illinois · Apr 2, 2010

Under the well-established test for standing, we find that the plaintiffs’ claim of injury is distinct and palpable, in that it is based upon the imposition of a particular tax and is not vague or undefined. … (West 2006)) by providing as follows: “In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities

Austin v. Spiller

District Court, S.D. Illinois · Jun 20, 2023

violated was clearly established. … “If either inquiry is answered in the negative, the defendant official’ is protected by qualified immunity.” Koh v.

Farner v. Dr. Conlin

District Court, N.D. Illinois · Jul 31, 2025

The doctrine of qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome qualified immunity, a plaintiff must show that (1) the official violated his constitutional rights, and (2) the right was clearly established at the time of the violation. Id.

Horton v. City of Chicago

District Court, N.D. Illinois · Sep 30, 2018

right,’” and (2) the right was ‘clearly established at the time of the alleged violation.’” … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, -- U.S. --, 137 S.

Connelly v. Cook County, an Illinois Municipal Corporation

District Court, N.D. Illinois · Mar 22, 2021

To defeat the defense of qualified immunity, (1) the plaintiff must set forth facts that, when viewed in her favor, constitute a constitutional violation, and (2) the right was “clearly established” at the time of the alleged … As to the second element of qualified immunity, it has been clearly established for decades that “dismissal of a public employee on the basis of political affiliation violates the employee’s First Amendment rights.”

Christopherson v. Spring Valley Elementary School District

90 Ill. App. 3d 460 · Appellate Court of Illinois · Nov 26, 1980

In the letter she also explained her involvement in State and local reading council activities and described her arrangement for a well-qualified substitute. … Clearly her conduct was intentionally insubordinate, and the finding that her act of insubordination was not remediable was appropriate.