Case law

Iqbal Jafree v. Scott

372 F. Supp. 264 · District Court, N.D. Illinois · Feb 20, 1974

The complaint insofar as it seeks damages against the named defendants individually is barred by the doctrine of Public Officials Immunity. … The property rights of state employees in their employment is defined and established in the Illinois Personnel Code, Chapter 127, Section 63bl08b et seq.

Harris v. Ealey

District Court, N.D. Illinois · Dec 8, 2021

“Qualified immunity is an affirmative defense, and once raised, the plaintiff bears the burden of defeating it by showing: (1) the defendant violated a constitutional right, and (2) that the right was clearly established … Here, Harris failed to meet his burden to defeat a qualified immunity defense.

People v. Lewis

211 Ill. App. 3d 276 · Appellate Court of Illinois · Mar 29, 1991

At the sentencing hearing, it was established that defendant had a 1981 conviction for unlawful distribution of a controlled substance in the Federal courts in Illinois. … It is just as well because the trial court’s determination on the question of the voluntariness of a consent to search is to be accepted unless it is clearly unreasonable. (Woolery, 193 Ill.

Hardeman v. County of Lake

District Court, N.D. Illinois · Jul 23, 2018

Qualified Immunity Qualified immunity shield officials from civil lability so long their conduct does not violate clearly established constitutional standards known to a reasonable person. Hernandez v. Mesa 137 S. … If one is present, then the Court looks to whether that right was clearly established at the time. Id.

United States ex rel. Yannacopoulos v. General Dynamics

235 F.R.D. 661 · District Court, N.D. Illinois · Jun 1, 2006

Clearly, immunity from discovery for opinion work product is absolute or nearly absolute. Caremark, 195 at 616. III. … There, the documents were clearly disclosure statements and the parties agreed that Lockheed was entitled to the documents with the opinion work product redacted.

Holmes v. Officer George Hernandez

District Court, N.D. Illinois · Sep 17, 2021

Under qualified immun- ity, government officials are shielded from civil liability so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … violated a clearly established right.

Douglas v. Village of Palatine

District Court, N.D. Illinois · Mar 16, 2021

Government officials are immune 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 known.” … Thus, to surmount the barrier of qualified immunity, a plaintiff must show that it was “clearly established” that the officer’s use of force was “objectively excessive from the perspective of a reasonable officer on the

Craig v. Peterson

39 Ill. 2d 191 · Illinois Supreme Court · Jan 19, 1968

While the necessity of, and legislative authority to establish, reasonable rules assuring the honest and orderly conduct of elections is obvious, it is apparent from the above cases that statutory requirements which, absent … It is further apparent that in construing statutory provisions regulating elections the courts generally have tended to hold directory those requirements as to which the legislature has not clearly indicated a contrary intention

Golbert v. Walker

District Court, N.D. Illinois · Mar 18, 2021

“The doctrine of qualified immunity insulates government actors from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Defendants change tack in their reply brief, spending multiple pages addressing the “clearly established” prong of qualified immunity.

Repaskey v. Chicago Transit Authority

9 Ill. App. 3d 897 · Appellate Court of Illinois · Jan 12, 1973

That case involved Section 8 — 102 of the Local Government and Governmental Employees Tort Immunity Act (Ill. Rev. … Nevertheless we feel constrained to follow what remains the established law of this state. The judgment of the circuit court is affirmed. Affirmed. ENGLISH and LORENZ, JJ., concur. * § 341.

The People v. Tilton

357 Ill. 47 · Illinois Supreme Court · Jun 15, 1934

The same authorities establish the principle that an agreement to do an act made unlawful by statute may be a common law conspiracy. … They say, in effect, that under established rules of strict construction applicable to penal and criminal laws, a penalty is not incurred unless the act that subjects one to it is clearly within the letter and spirit of the

People v. Mason

1 Ill. App. 3d 302 · Appellate Court of Illinois · Sep 16, 1971

The constitutional prohibition being against unreasonable searches and seizures, no immunity from search is given on the occasion of a lawful arrest. People v. Clark, 9 Ill.2d 400 , 137 N.E.2d 820 ; Harris v. … The circumstances shown by the evidence here so clearly fail to meet the test of reasonableness that it is not necessary to analyze the rule.

Grimes v. County Of Cook

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

“The doctrine of qualified immunity protects 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 known. … A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at

Robert E. v. Lane

530 F. Supp. 930 · District Court, N.D. Illinois · Oct 5, 1981

The well-pleaded allegations clearly establish that practically no mental health care delivery system exists at Stateville at all. … Potential Good Faith Defenses The request for monetary damages implicates an additional issue, the affirmative defense of qualified immunity.

People v. Martin

4 Ill. 2d 105 · Illinois Supreme Court · Sep 23, 1954

We hold, therefore, that a husband and wife who enter into a criminal conspiracy are not immunized from prosecution by surviving radiations from the common-law fiction of unity of husband and wife. … Under the circumstances of this case, where that part of the evidence to which no objection was made so clearly establishes the guilt of the defendant, alleged errors in the admission of testimony relating to prior sales

Board of Education of Community Unit School District 201-U v. Pomeroy

47 Ill. App. 3d 468 · Appellate Court of Illinois · Apr 14, 1977

The trial court concluded that the Local Government and Governmental Employees Tort Immunity Act clearly applies to any public employees and to any act or omission by them in the execution or enforcement of any law. … The 12% interest penalty was established as a means of achieving this objective.

Bertschy v. Janssen

District Court, C.D. Illinois · Aug 7, 2020

IV Turning finally to the whether Officer Janssen is entitled to qualified immunity, “Qualified immunity attaches when an official’s conduct does not violate clearly established … It is the Plaintiff’s burden to overcome an officer’s claim of qualified immunity.

Matarese v. Buka

Appellate Court of Illinois · Oct 31, 2008

On appeal, a trial court will not be reversed "for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant." Schultz, 201 Ill. 2d at 274. … App. 3d at 566. 12 1-06-2276 On appeal, the court ruled that the trial court's hybrid instruction was not error but, rather, a correct statement of the law that clearly

Cobden Unit School District No. 17 v. Illinois Educational Labor Relations Board

966 N.E.2d 503 · Appellate Court of Illinois · Feb 28, 2012

It clearly can ***.” Niles Township, 379 Ill. App. 3d at 33. … However, the majority fails to explain how full disclosure would impair the District’s duty to ensure the selection of the most qualified teachers.

Flynn v. Town of Normal

427 Ill. Dec. 704 · Appellate Court of Illinois · Dec 19, 2018

amended complaint, which would have conformed their pleadings to the proof and not added any new issues to the case. ¶ 27 "Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish … Plaintiffs maintain that because George was a motorist at the time of the initial traffic collision with Laird, he was clearly an intended and permitted user of the roadway.