Case law

People v. McGath

2017 IL App (4th) 150608 · Appellate Court of Illinois · Oct 20, 2017

And if Your Honor does allow her to use that right, the State would probably pursue some kind of immunity, either use or qualified immunity for her. … To establish a claim of ineffective assistance of counsel, a defendant has the burden to show that his contention satisfies the two-pronged test under Strickland v.

Jackson v. CERPA

730 F. Supp. 2d 905 · District Court, N.D. Illinois · Aug 19, 2010

Bennett too believed Jackson was qualified for what he described as “straightforward” work involving “labor only” (P. Supp. Resp. 4). … That is clearly not the case here. 20 . As n. 16 calls for, what is being said in this paragraph reflects Jackson’s establishment of genuine factual issues for Rule 56 purposes. 21 .

O'Donnell v. Bailey & Associates Counseling & Psychotherapy LLC

240 N.E.3d 626 · Appellate Court of Illinois · Dec 22, 2023

A physician’s duty is to exercise the same degree of knowledge, skill, and care which a reasonably well qualified physician in the same or similar community would use under similar circumstances.” Id. … Hess, 111 Ill. 2d 229, 240-41 (1986)), or (2) establishing that a lack of evidence will prevent the plaintiff from proving an essential element of the cause of action (CZ Driving Horses, Inc. v.

Quaintance Associates, Inc. v. PLM, INC.

95 Ill. App. 3d 818 · Appellate Court of Illinois · Apr 16, 1981

Opinion Plaintiff contends that the pleadings clearly establish an issue of material fact and that, therefore, it was error to sustain a motion for judgment on the pleadings. … Defendant maintains that an accord and satisfaction was established as a matter of law which extinguishes the original demand and bars an action thereon. Section 45(5) of the Civil Practice Act (Ill. Rev.

People v. Michelle J.

209 Ill. 2d 428 · Illinois Supreme Court · Apr 1, 2004

It provides: “No respondent may be found subject to involuntary admission unless that finding has been established by clear and convincing evidence.” … The expert witnesses called by the State were not qualified to testify under section 3 — 807.

Brigham v. Coles County Illinois

District Court, C.D. Illinois · Nov 25, 2020

Under the doctrine of qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “Officers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.

Battle v. Chicago Police Dept.

468 Ill. Dec. 372 · Appellate Court of Illinois · Apr 14, 2022

The circuit court found that plaintiff qualified for a full waiver of all filing fees and the cost of obtaining the record on appeal. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.

City of Chicago v. Rumpff

45 Ill. 90 · Illinois Supreme Court · Sep 15, 1867

To entitle the party to the recovery of a penalty, he must show that the defendant is clearly within the provisions of the law. … We do not see that this provision, even if it was clearly an ordinance, would embrace these appellees. We can not say that they, by what they did, violated this provision.

Bloomgren v. Fire Insurance Exchange

162 Ill. App. 3d 594 · Appellate Court of Illinois · Dec 22, 1987

was qualified as an expert to give such an opinion. … At trial, the plaintiff did not qualify Leland Pendergrass as an expert witness before he testified.

Williams v. Big Muddy Correctional Center

District Court, S.D. Illinois · Aug 25, 2021

Qualified Immunity Finally, Defendants argue they are entitled to qualified immunity. … Governmental officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional

Barbaccia v. Village Of Lombard

District Court, N.D. Illinois · Jan 29, 2020

Police officers are entitled to qualified immunity “for conduct that ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known’” at the time of the conduct in … That being said, in some cases, even though a grant of qualified immunity is not appropriate at an early stage in the case, after discovery, facts may emerge that would make a grant of qualified immunity appropriate.

Makowski v. City of Naperville

249 Ill. App. 3d 110 · Appellate Court of Illinois · Aug 2, 1993

Act (Tort Immunity Act) (Ill. … Such a construction would clearly conflict with section 7 — 2—5.7, which is controlling.

Dukes v. City Of Freeport Illinois

District Court, N.D. Illinois · Apr 11, 2022

Law enforcement “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 … In the false arrest context, an “officer who makes an arrest is entitled to qualified immunity if ‘a reasonable officer could have believed [the] arrest to be lawful, in light of clearly established law and the information

Century Federal Savings Bank v. United States

745 F. Supp. 1363 · District Court, N.D. Illinois · Jul 24, 1990

If the court accepted Century’s position, the full 35-year amortization life of Century’s goodwill would be immunized from congressional regulation. … The Supreme Court’s holding in Monsanto clearly prohibits injunctive relief based on a taking by the government without compensation.

A.B.A.T.E. of Illinois, Inc. v. Giannoulias

401 Ill. App. 3d 326 · Appellate Court of Illinois · May 3, 2010

(They also add that sovereign immunity might prevent a beneficiary from enforcing the trust. Sovereign immunity does not prevent us, however, from assessing the constitutionality of a statute.) 2 A. Scott, M. … “The Department is authorized to and shall award contracts out of appropriations to the Department from ‘The Cycle Rider Safety Training Fund’ to qualifying Regional Cycle Rider Safety Training Centers for the conduct of

Rogers v. Hacker

District Court, S.D. Illinois · Jul 1, 2021

Hacker’s Qualified Immunity Next, Hacker argues that he enjoys qualified immunity as to Count I of the Complaint. … Hacker urges dismissal under 12(b)(6) because he believes that Rogers has “failed to identify a violation of a clearly established constitutional right.” (Doc. 54, p. 18).

Cole v. Board of Trustees of Northern Illinois University

38 F. Supp. 3d 925 · District Court, N.D. Illinois · Aug 5, 2014

However, as in Rickman, demotion and suspension decisions are clearly within the scope of Cole’s supervisors’ employment, and thus sovereign immunity blocks the claims in Count V based on the Whistle-blower Act. … Henley, 13 F.3d 221, 224 (7th Cir.1993) (“In effect [plaintiff] is arguing that a state cannot waive its sovereign immunity in part; if the state doesn’t want to be sued in federal court, it can’t establish a court of claims

Cunningham v. Eyman

11 F. Supp. 2d 969 · District Court, N.D. Illinois · Apr 6, 1998

Under the doctrine of sovereign immunity the United States is generally immune from suits both at law and in equity unless it expressly waives such immunity and consents to be sued. See, e.g., United States v. … Keeping-in conformity with the law of sovereign immunity, however, such suits may be brought against federal officers only in their individual capacities, unless the plaintiff can establish that the United States has consented

Franks v. Tucker

132 Ill. App. 3d 455 · Appellate Court of Illinois · Mar 29, 1985

However, the order entered in plaintiff Mead’s case clearly lacks sufficient indicia of finality for us to have appellate jurisdiction. … Accordingly, under the previously cited authorities, the present lawsuits are not actions against the State which are barred by sovereign immunity.

Watkins v. Special Agent Goewey

District Court, N.D. Illinois · Sep 29, 2023

Goewey is also entitled to qualified immunity because Watkins has failed to identify clearly established law showing that probable cause was lacking under similar circumstances. … Ill. 2001).6 But “qualified immunity affords an added layer of protection by shielding officers from suit for damages if a reasonable officer could have believed the arrest to be lawful, in light of clearly established