Case law

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

Adams v. Northern Illinois Gas Co.

211 Ill. 2d 32 · Illinois Supreme Court · Apr 1, 2004

Instead, call a qualified service agency of NI-Gas to make the inspection.” … Sarelas clearly leaves open the existence of common law duties had the plaintiff been able to plead them.

Donovan v. County of Lake

2011 IL App (2d) 100390 · Appellate Court of Illinois · Jul 8, 2011

Plaintiffs argue that the County did not establish its defense under the Tort Immunity Act because some of the duties that were allegedly breached were not discretionary. … Accordingly, we find that the County met its burden of establishing that count I should have been barred because the County was shielded from liability under section 2–201 of the Tort Immunity Act.

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.

People ex rel. Civic Restaurant, Inc. v. Prendergast

131 Ill. App. 2d 68 · Appellate Court of Illinois · Oct 23, 1970

We think, however, that the pleadings and testimony clearly disclose the fact that defendants would not have issued the licenses upon demand The answer clearly states that the Collectors refusal was for good and sufficient … The law is contrary to this view, and it is well established that petitioners have the burden of establishing a clear right to a writ of mandamus. (Harrison v. People, 124 Ill.App. 519 .)

Heyman v. Heyman

548 F. Supp. 1041 · District Court, N.D. Illinois · Sep 29, 1982

Thus it clearly and unambiguously prohibits interception of all wire communications by any person except as specifically provided in the statute. … Comment, Interspousal Electronic Surveillance Immunity, 7 U. of Tol.L.Rev. 185, 205 n.85 (1975).

Collins v. Cook County

District Court, N.D. Illinois · Oct 23, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity. … “Qualified immunity protects government officials from damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Javier v. Immigration & Naturalization Service

335 F. Supp. 1391 · District Court, N.D. Illinois · Dec 3, 1971

We will discuss some of these categories progressing from those instances most clearly within the realm of the third preference to those least likely to qualify. … He clearly stated that: “The petitioner does not have a baccalaureate degree.

Gospodinov v. Hudson

District Court, N.D. Illinois · Jun 22, 2023

But Gospodinov argues that the Defendants are not entitled to qualified immunity because the deliberate indifference standard for medical mistreatment is clearly established, and a reasonable jury could find that the Defendants … When presented with a qualified immunity argument, the court “must address two questions: whether the plaintiff’s allegations make out a deprivation of a constitutional right, and whether that right was clearly established

People ex rel. Mathes v. Foster

40 Ill. App. 3d 1053 · Appellate Court of Illinois · Sep 2, 1976

The Director may substitute rankings such as superior, excellent, well-qualified and qualified for numerical ratings and establish eligible lists accordingly. ° * Section 8b.5 provides: “§8b.5. … Petitioner’s request that the writ require all new positions and vacancies to be filled by promotion is clearly unwarranted.

Glass v. City of Chicago

Appellate Court of Illinois · Jun 1, 2001

Act (Governmental Tort Immunity Act) (745 ILCS 10/3-101 et seq. … Alternatively, a new trial is appropriate if the verdict is contrary to the manifest weight of evidence in that it is palpably erroneous, clearly the result of passion and prejudice or arbitrary and unreasonable.

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.

Paszkowski v. Metropolitan Water Reclamation District of Greater Chicago

Illinois Supreme Court · Nov 18, 2004

Act (Tort Immunity Act) (745 ILCS 10/8–101 (West 1998)). … This term clearly includes defendant.

Riley El v. Rauner

District Court, N.D. Illinois · Apr 28, 2023

Qualified immunity shields government officials from liability “arising from actions within the scope of their employment unless their conduct violated ‘clearly established . . . constitutional rights of which a reasonable … was “clearly established.” Farnham, 394 F.3d at 477.

U.S. Equal Employment Opportunity Commission v. AIC Security Investigation, Ltd.

820 F. Supp. 1060 · District Court, N.D. Illinois · Mar 5, 1993

Further, AIC has failed to establish that the above errors have any connection whatsoever to short-term memory loss. … AIC cannot establish that driving was an essential function of the position of Executive Director of AIC. Therefore, any inability to drive could not serve as the basis for asserting the defense.

The PEOPLE v. Perroni

14 Ill. 2d 581 · Illinois Supreme Court · Sep 18, 1958

While the prints obtained as a result of this process clearly show the peculiar marks left by the tool, yet only an expert would be qualified to compare them with the burr on the crowbar. … The evidence established that Evans was well qualified by training and experience to make the comparison.

Beaman v. Freesmeyer

2019 IL 122654 · Illinois Supreme Court · Oct 9, 2019

malicious prosecution, civil conspiracy, and intentional infliction of emotional distress against the Town of Normal. ¶ 15 The district court dismissed claims against Souk and Reynard based on absolute or qualified … immunity.

Provena Covenant Medical Center v. Department of Revenue

Illinois Supreme Court · Mar 18, 2010

The deficit claimed by Provena may therefore result primarily from the reduced rates insurers are allowed to pay, something which clearly would not qualify as charitable in nature. … In this case, the record clearly established that the primary purpose for which the PCMC property was used was providing medical care to patients for a fee.

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.

In Re McGarry

380 Ill. 359 · Illinois Supreme Court · Sep 25, 1942

The action of a municipal judge in admitting a person to bail is clearly a judicial act. (Solomon v. People, 15 Ill. 291 , 79 Am. Dec. 473 .) … We do not think this is established. Brin refused to testify and Gendon is mainly relied upon to establish the alleged misconduct. He was a witness in the conspiracy indictment against Brin and respondent.