Case law

Hudson v. City of Chicago

Illinois Supreme Court · Jan 25, 2008

The district court granted the defendant summary judgment on the ADA claim, finding that the plaintiff was not a “qualified individual” under the ADA. … Plaintiffs’ negligence claim in Hudson I was involuntarily dismissed based on statutory immunity.

Nickelson v. Olivero

162 Ill. App. 3d 638 · Appellate Court of Illinois · Nov 19, 1987

However, the Gowling court, in immunizing the marital deduction property of the surviving spouse from apportionment because it did not contribute to the incursion of the tax, indicated the contribution of property devised … The general rule has been established and has prevailed which requires that, as between those taking under a will, the burden of estate taxes is placed on the residue absent express provision to the contrary in the will or

Safari Childcare Inc v. Penny

District Court, N.D. Illinois · Sep 11, 2024

Qualified Immunity Defendants also raise a qualified immunity defense, arguing that the law around class-of-one violations is not clearly established enough to put … “Qualified immunity shields a government official from liability for civil damages unless his or her conduct violates a clearly established principle or constitutional right of which a reasonable person would have known

Flanagan v. White

District Court, S.D. Illinois · Mar 5, 2021

Qualified immunity warrants dismissal at the pleading stage only when the plaintiff’s well-pleaded allegations, “taken as true, do not ‘state a violation of clearly established law.’” Hanson v. … Since the right to be free from false arrest was clearly established at the time of the events alleged, qualified immunity does not bar this claim. Fox v.

O'Grady v. Cook County Sheriff's Merit Board

260 Ill. App. 3d 529 · Appellate Court of Illinois · Mar 18, 1994

No job descriptions or minimum qualifications were established for the newly created ranks. … Jones (1975), 60 Ill. 2d 532, 541 , 328 N.E.2d 548 ), this holding is inapplicable to the instant case where no passing or minimum score was established for the qualifying examination.

Cooney v. Chicago Public Schools

407 Ill. App. 3d 358 · Appellate Court of Illinois · Dec 30, 2010

Unlike the Board, All Printing is a domestic corporation and qualifies as a “person” within the meaning of the Consumer Fraud Act. See 815 ILCS 505/1(c) (West 2006). … App. 3d 573, 578-79 , 723 N.E.2d 1192 (2000) (private facts were clearly alleged); see also Phillips v. Grendahl, 312 F.3d 357 , 373 (8th Cir. 2002); Andrews v.

The PEOPLE v. West

15 Ill. 2d 171 · Illinois Supreme Court · Nov 26, 1958

The constitutional guaranties against search and seizure are not against all searches and seizures but only against those that are unreasonable and do not extend to immunity from search upon lawful arrest. (P1eople v. … Holt, 398 Ill. 606 ;) and unless it can be said the court’s judgment is found to rest on doubtful, improbable or unsatisfactory evidence, or clearly insufficient evidence, a reviewing court will not substitute its judgment

Anderson v. First American Group of Companies

353 Ill. App. 3d 403 · Appellate Court of Illinois · Nov 8, 2004

of law as applied to the established facts is or is not violated. … We believe that plaintiff qualifies as an “employee” under the Fee Act.

Barnes v. Gibbons

2021 IL App (5th) 190415-U · Appellate Court of Illinois · Oct 26, 2021

¶ 29 Furthermore, government officials, such as Gibbons, sued in their individual capacities for civil rights violations can be entitled to either qualified or absolute immunity from damages. Filarsky v. … If prosecutors are not acting in their role as an advocate, qualified immunity can apply to activities such as acting as a complaining witness or providing a supporting affidavit to establish probable cause for an arrest

Estate of James Iler, by Joseph Jones, Administrator, et al. v. Macoupin County, et al.

District Court, C.D. Illinois · Nov 14, 2025

Qualified immunity “protects 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 … The Right was Clearly Established The clearly established prong of the qualified immunity analysis ensures that a government official is held liable only when the contours of the right allegedly violated

Lindstrom v. State of Ill.

632 F. Supp. 1535 · District Court, N.D. Illinois · Apr 18, 1986

Lindstrom states that his Church “is an established church, associated with tens of thousands of people throughout the United States, and with deep-rooted Calvinistic religious beliefs.” … The sixth amendment clearly does not apply because Rev. Lindstrom has not been charged with any crime.

Corbet v. The County of Lake

2016 IL App (2d) 160035 · Appellate Court of Illinois · Sep 23, 2016

¶5 Here, the City’s motion argued, the depositions of plaintiff and other people established that the bike path was a “riding trail.” … We adhere to our statement in McElroy that a “trail” need not be wholly unimproved to qualify under section 3- 107(b).

McDonald v. Chicago Daily News Publishing Co.

252 Ill. App. 61 · Appellate Court of Illinois · Feb 27, 1929

This is an action of libel in which the declaration of one count charges as the gravamen of the offense that at the time of the publication the plaintiff was a duly licensed and qualified attorney at law, and also a “special … He could not be financially damaged because there is no law establishing such office or providing for any emolument therein, The article counted upon in the declaration is not lihelous per se, and to maintain an action for

Penman v. Board of Trustees of Illinois Eastern Community Colleges

94 Ill. App. 3d 139 · Appellate Court of Illinois · Mar 3, 1981

However, being classified as a full-time teacher or administrator, according to section 3 — 32, only qualifies the individual as a teacher or administrator for tenure consideration under whatever policy the board may establish … Illinois law clearly establishes that only a full-time teacher may qualify for contractual continued service. (Edwards v. Board of Education (1980), 84 Ill. App. 3d 374,376 , 405 N.E.2d 478,480 .)

West Side Organization Health Services Corp. v. Thompson

73 Ill. App. 3d 179 · Appellate Court of Illinois · May 31, 1979

However, defendants contend that because WSO has no guarantee that it would have received the *100,000 withheld, it cannot establish any concrete injury resulting from defendants’ refusal to expend that money. … A well-recognized exception to the statutory bar of sovereign immunity under the Court of Claims Act (Ill. Rev.

Louise v. Department of Labor

90 Ill. App. 3d 410 · Appellate Court of Illinois · Nov 12, 1980

The Act clearly grants defendants the authority to hear the class of cases to which plaintiff’s matter belongs; the department therefore had subject matter jurisdiction over plaintiff’s cause. … Our supreme court has stated however, that this governmental immunity is qualified and that estoppel may be invoked against a governmental body in certain instances.

Smith v. De-Los-Santos

District Court, N.D. Illinois · Jul 26, 2021

Qualified Immunity The Defendants next argue that they are qualifiedly immune from liability for failure to protect. … Furthermore, the Defendants take an overly narrow approach to the qualified immunity analysis. In Sinn v.

Van Dyke v. Illinois Department of Children and Family Services

District Court, N.D. Illinois · Mar 29, 2018

A defendant is not entitled to qualified immunity where (1) the defendant violated the plaintiff’s statutory or constitutional rights and (2) the statutory or constitutional right at issue was “clearly established” at … When a defendant claims qualified immunity, the plaintiff bears the burden of proving that her allegedly violated constitutional right was “clearly established” in a “particularized sense.” Lewis v.

Cress v. Recreation Services, Inc.

341 Ill. App. 3d 149 · Appellate Court of Illinois · Jul 7, 2003

An “employee welfare benefit plan” is: “any plan, fund, or program *** established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or … These clearly are allegations that Donovan harmed RSI.

Donaldson v. Illinois State Board of Education

730 F. Supp. 1456 · District Court, C.D. Illinois · Feb 15, 1990

The Illinois State Board of Education is an agency of the state and is therefore absolutely immune from liability under 42 U.S.C. § 1983 . Gleason v. … Therefore, Governors State University does not qualify as a common public school. Nor does Plaintiffs service as a school board member qualify as supervising within the meaning of the statute.