Case law

Gulla v. Chicago State University

District Court, N.D. Illinois · Sep 25, 2025

Due Process Gulla also asserts a due process claim, alleging that he held a “constitutionally protected and clearly established property interest in his continued education … If so, immunity attaches. Id.

People v. King

2020 IL 123926 · Illinois Supreme Court · Feb 5, 2021

Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.” … We hold that the State did. ¶ 52 The applicable law is well established.

People v. Olinger

176 Ill. 2d 326 · Illinois Supreme Court · Apr 17, 1997

Stalder would receive absolute immunity on the Illinois burglary from Mr. Spencer, Mr. … Therefore, the statement does not qualify to be admitted as substantive evidence under this exception to the hearsay rule.

Wonsey v. City Of Chicago

District Court, N.D. Illinois · Nov 26, 2018

rights and that the Officer Defendants are entitled to qualified immunity. … “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.

MacH Mold Inc. v. Clover Associates, Inc.

383 F. Supp. 2d 1015 · District Court, N.D. Illinois · Aug 17, 2005

The City argued that it was immune under the Tort Immunity Act; the home buyers contended that issuing permits was a ministerial function for which there was no immunity. … Tort Immunity Act.

IOS Capital, Inc. v. Phoenix Printing, Inc.

348 Ill. App. 3d 366 · Appellate Court of Illinois · Apr 22, 2004

“Accordingly, in most instances, the law immunizes corporate officers from corporate liabilities and debts.” People ex rel. Madigan v. Tang, 346 Ill. App. 3d 277, 284 (2004). … Those cases cited by [the plaintiff] in support of its conversion argument are clearly distinguishable on their facts from the present case.

Clements v. City of Elgin

District Court, N.D. Illinois · Mar 27, 2024

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … Jensen would be entitled to qualified immunity on the excessive force claim asserted against him if the Estate cannot show that his conduct violated a clearly established constitutional right such that he was on notice

Marsh-Leigh

District Court, N.D. Illinois · Dec 22, 2025

Qualified immunity The individual City defendants argue that they are entitled to qualified immunity because there is no clearly established law holding unlawful a three-month … Qualified immunity rests on two fact-dependent inquiries: whether an official violated a statutory or constitutional right and whether that right was clearly established at the time of the violation. Id.

Gardley v. City of Chicago

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

The doctrine of qualified immunity shields a government official from liability for civil damages to the extent that his conduct does not violate "clearly established statutory or constitutional rights of which a reasonable … right was clearly established at the time of the alleged violation.

Munn v. City of Aurora

District Court, N.D. Illinois · Mar 1, 2018

Qualified Immunity (Count II) Defendants assert that Osberg is entitled to qualified immunity for her actions and thus, the Court should dismiss Count II. … 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.

Weisberg v. Byrne

92 Ill. App. 3d 780 · Appellate Court of Illinois · Jan 16, 1981

Under the facts of this case that additional requirement is clearly met. … , we need not reach that question, for we have determined that all necessary elements were established.

Kohtz v. Eldred

208 Ill. 60 · Illinois Supreme Court · Feb 17, 1904

Jarman to be an established rule that where a bequest is simply to one person and in case of his death to another, the primary devisee surviving the testator takes absolutely. … clauses in the will disclose, clearly and unequivocally, that it was the intention of the testator to limit or qualify the estate granted.”

Ballew v. Edelman

34 Ill. App. 3d 490 · Appellate Court of Illinois · Dec 1, 1975

Clearly the standard is a guide to the amount of financial aid but the terms are not synonymous. … In Illinois the duty to establish and amend the standards appears in section 12 — 4.11 of the Public Aid Code as above set forth.

Northen v. City of Chicago

841 F. Supp. 234 · District Court, N.D. Illinois · Oct 7, 1993

See Doe, 788 F.2d at 422 (because plaintiff may be able to establish that she should be covered under Title VII, district court should not have dismissed case at pleading stage). … Compare 42 U.S.C. §§ 12111-12 (referring to "qualified individual with a disability") and 42 U.S.C. § 2000e (referring to "an individual”).

Jensen Sound Laboratories v. Long

113 Ill. App. 3d 331 · Appellate Court of Illinois · Mar 16, 1983

In order to establish open-account credit with the plaintiff, Kingsberry Homes, the defendants executed a personal guarantee to the plaintiff. … The court based its decision on the personal guarantee executed by the defendants, finding that “it [was clearly] the intent of the parties to exchange an open account status in return for a pledge of individual responsibility

Nelson v. County of Kendall

990 N.E.2d 1237 · Appellate Court of Illinois · May 30, 2013

The Newman court’s resolution of that issue is not helpful to determining whether State’s Attorneys are subject to the Act, which turns on whether the office of State’s Attorney qualifies as a judicial … Rather, our task is to resolve the narrow issue of whether the legislature intended for the office of State’s Attorney to qualify as a “public body” subject to the Act.

Du Page County Airport Authority v. Department of Revenue

Appellate Court of Illinois · Jun 14, 2005

The new statutory language does not clearly alter the "broadly written exemption" upon which the supreme court based its conclusion that privately leased property could qualify for an exemption so long as its use otherwise … The disputed property cannot qualify for the first basis for exemption. F.

Burnett v. Donath

127 Ill. App. 3d 131 · Appellate Court of Illinois · Aug 30, 1984

that opinion which the trial court had used in dismissing the original complaint: “[I]t would be entirely reasonable for the city to have believed that it fulfilled its duty to maintain a safe intersection by providing the clearly … App. 332 ), which is codified in section 3—104(b) of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Horton v. Marovich

925 F. Supp. 532 · District Court, N.D. Illinois · Jan 19, 1996

is complying with the mandates of Gomez, 811 F.2d at 1039 (complaint should be viewed in light most favorable to plaintiff), and Conley, 355 U.S. at 45-46 , 78 S.Ct. at 102 (court may dismiss complaint only if plaintiff clearly … For Horton to establish the basis for his damages claims, he necessarily would have to demonstrate the invalidity of his conviction and imprisonment. See Heck, — U.S. at-, 114 S.Ct. at 2369 .

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