Case law

Burge v. Exelon Generation Company, LLC

37 N.E.3d 907 · Appellate Court of Illinois · Jul 30, 2015

The plaintiffs alleged that the employees who attempted to replace the valve were not qualified to do so. … ¶ 18 Accordingly, defendant has failed to establish a basis for claiming immunity under section (5)(a) of the Act, and it was error to dismiss plaintiffs’ complaint.

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.

Byrd v. Aetna Casualty & Surety Co.

152 Ill. App. 3d 292 · Appellate Court of Illinois · Feb 5, 1987

According to the court, it would be unreasonable to immunize from punitive damages employers who unjustly discharged union employees and, at the same time, penalize employers who unfairly terminated a nonunion employee. … As stated by the Allis-Chalmers court: “The duties imposed and rights established through the state tort thus derive from the rights and obligations established by the contract.” Allis-Chalmers Corp. v.

Marriage of Truhlar v. Truhlar

404 Ill. App. 3d 176 · Appellate Court of Illinois · Sep 17, 2010

Evidence adduced at the hearing on the petition established that Ashley had been admitted to National-Louis University; she had obtained substantial financial assistance in the form of grants and scholarships; she held a … However, section 659(a) of the Act ( 42 U.S.C. §659 (a) (2006)) carves out a limited exception to the exemption set forth in section 407(a), by waiving the United States’s sovereign immunity with respect to certain proceedings

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

Welch v. Chicago Tribune Co.

34 Ill. App. 3d 1046 · Appellate Court of Illinois · Oct 28, 1975

We believe it is not clear on the facts before this court that defendants have established they were entitled to a qualified privilege. … While defendants have raised several defenses, none of these defenses has been so clearly established as to justify the circuit court’s allowance of the motion for summary judgment.

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.

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.”

Pelfresne v. Stephens

35 F. Supp. 2d 1064 · District Court, N.D. Illinois · Jan 27, 1999

Legislative Immunity The doctrine of legislative immunity does not bar the claims against Stephens et al. … See Pelfresne III, 22 F.Supp.2d 756, 761 (“The Office of the Mayor and defendants associated therewith qualifies as an association in fact.”) (emphasis added).

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.

White v. Dial Corp.

882 F. Supp. 701 · District Court, N.D. Illinois · May 18, 1994

Even if White’s supervisors were not immune to losing their tempers on occasion, that would scarcely equate to intolerable working conditions. … II 65) successfully qualified as a female A-5 Operator and thereafter received numerous raises after White had left (D. Ex. B at 0000136-39).

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.

Maiden v. Harris

District Court, S.D. Illinois · Jan 24, 2020

Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Eden Retirement Center, Inc. v. Department of Revenue

213 Ill. 2d 273 · Illinois Supreme Court · Dec 2, 2004

It is the established policy of the corporation to continue to maintain such persons as residents. … This section is clearly nothing more than a rephrasing of a similar provision in the 1870 Illinois Constitution.

Suwanski v. Village of Lombard

342 Ill. App. 3d 248 · Appellate Court of Illinois · Jul 30, 2003

On the other hand, there are also undisputed facts that clearly support a finding of willful and wanton conduct. … Any amendment of the Tort Immunity Act in this regard must be left to the legislature.

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

Ramos v. Harris

District Court, N.D. Illinois · Dec 30, 2021

Qualified Immunity Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or … As explained 2 That right is, of course, clearly established. See Kingsley, 576 U.S. at 396. But the “dispositive question” is “whether the violative nature of particular conduct is clearly established.”

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.

North v. Board of Trustees of the University

137 Ill. 296 · Illinois Supreme Court · Mar 30, 1891

Moreover, the act of the legislature establishing the institution- clearly confers upon them such power. It follows, that in enacting such rules they exercise an official discretion, (McCormick v. … We are clearly of opinion that the rule is not unlawful.

State of Illinois Medical Center Commission v. Peter Carlton at Ogden & Oakley, Inc.

169 Ill. App. 3d 769 · Appellate Court of Illinois · May 2, 1988

The language of these provisions clearly empowers the Commission to make land use decisions within the District and bar those uses which it considers unlawful. … After noting that “[n]either the Illinois Municipal Code nor the Park District Code provides park districts with immunity from the zoning ordinances of their host municipality” and accepting the appellate court’s finding