Case law

Glass v. Ingalls Memorial Hospital

32 Ill. App. 3d 237 · Appellate Court of Illinois · Sep 12, 1975

Clearly Cunningham bears, at most, only tangentially on our determination of the constitutionality of a statute enacted subsequent to its issuance. … Only if it can be said that the classification is clearly unreasonable and palpably arbitrary will a court declare the statute invalid. [Citations.]

City of Chicago v. Universal Publishing & Distributing Corp.

34 Ill. 2d 250 · Illinois Supreme Court · Mar 24, 1966

” test established by American Civil Liberties Union v. … We there interpreted Jacobellis as immunizing any material which has any social importance. In the third, People v.

Denton v. CIVIL SERVICE COM'N OF STATE

277 Ill. App. 3d 770 · Appellate Court of Illinois · Feb 8, 1996

When the Director establishes eligible lists on the basis of category ratings such as 'superior’, 'excellent’, 'well-qualified’, and 'qualified’, the veteran eligibles in each such category shall be preferred for appointment … Section 8b.7(f) of the Code clearly is intended to do something other than add "points” when the lists are grouped according to category ratings.

Gill v. Village of Melrose Park

35 F. Supp. 3d 956 · District Court, N.D. Illinois · Mar 27, 2014

Because Migliore’s limited use of force was objectively reasonable, and he had probable cause to effectuate the seizure, there is no need to address his argument that he is entitled to qualified immunity. Tucker v. … Williams, 682 F.3d 654, 660 (7th Cir.2012) (“Because we do not find a constitutional violation, we need not and do not address Williams' qualified immunity defense.”)..

Harer v. City of Crest Hill

District Court, N.D. Illinois · Nov 14, 2019

The individual defendants are not entitled to qualified immunity. … Clearly established law.

Martin v. Miles

41 Ill. App. 2d 208 · Appellate Court of Illinois · May 13, 1963

The last point raised should be clearly disposed of. … The record clearly establishes that the defendant’s vehicle under defendant’s control, skidded across the highway directly into the path of the vehicle which decedent was driving, and there were no circumstances which could

Hurtado-Meza v. Cannataro

District Court, C.D. Illinois · Sep 21, 2023

Even if Plaintiff had established a constitutional violation, the Court finds that Defendants are entitled to qualified immunity. … Qualified immunity shields a public official unless the plaintiff can demonstrate that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the challenged

Garcia v. Hudak

156 F. Supp. 3d 907 · District Court, N.D. Illinois · Jan 5, 2016

Second, Defendants argue that they are entitled to absolute immunity for the testimony they gave as witnesses. In general, “when a witness commits perjury, he or she is granted absolute immunity from civil liability.” … But the Manning Court distinguished perjury and conspiracy to commit perjury — for which there is absolute immunity — from withholding exculpatory evidence^ — -for which there is only qualified immunity.

Gay v. Chandra

652 F. Supp. 2d 959 · District Court, S.D. Illinois · Aug 28, 2009

Qualifíed Immunity The Court next addresses Dr. Chandra’s argument that he is entitled to qualified immunity. “In determining whether qualified immunity applies, the Court engages in a two-step inquiry. … Chandra is not entitled to qualified immunity. 4. Available Damages Dr.

Chrzanowski v. Bianchi

122 F. Supp. 3d 755 · District Court, N.D. Illinois · Aug 7, 2015

immunity. … Defendants again claim that they are entitled to qualified immunity on this basis.

People ex rel. Alvarez v. Howard

2016 IL 120729 · Illinois Supreme Court · Apr 25, 2017

A writ of mandamus will be awarded only if the petitioner establishes a clear right to the relief requested, a clear duty of the public official to act, and clear authority in the public official to comply with … Here, the court’s order clearly contemplated further proceedings in the cause.

Smith v. The City of Chicago

District Court, N.D. Illinois · Mar 25, 2022

Second, qualified immunity shields officers “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 … that constitutional right was clearly established at the time of the alleged violation.”

Repaskey v. Chicago Transit Authority

60 Ill. 2d 185 · Illinois Supreme Court · Mar 24, 1975

In the first of these cases, a majority of the court held that proof of notice by registered mail, established by return receipt, satisfied the requirement of a similar statute that notice be personally served. … When Brush counterclaimed for personal injuries his counterclaim was dismissed because he had not filed the six months’ notice required by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Hispanics United of DuPage County v. Village of Addison

958 F. Supp. 1320 · District Court, N.D. Illinois · Mar 19, 1997

That case is clearly distinguishable. … As for the second, the defendant acknowledges that there is no established immunity to civil penalties, but claims that the underlying policy for imposing them is indistinguishable from the policy supporting punitive damages

Johnson v. McDonald

District Court, N.D. Illinois · Mar 31, 2025

To overcome qualified immunity, the plaintiff must establish that officers decided to arrest him without even an arguable basis for probable cause. See Mwangangi, 48 F.4th at 825. … As such, the plaintiff’s claims against defendants McDonald and Roman fail on grounds of qualified immunity.

Budde v. Kane County Forest Preserve

603 F. Supp. 2d 1136 · District Court, N.D. Illinois · Mar 19, 2009

If Plaintiff can establish that he was disabled, he then must show that he is a qualified individual under the ADA, meaning that he was capable of performing the essential functions of his job with or without a reasonable … Because he was terminated for violating clearly established work rules, Plaintiff is not a qualified individual with a disability entitled to protection under the ADA.

In re Welsh

17 Ill. 161 · Illinois Supreme Court · Dec 15, 1855

Most clearly not. They have all the characteristics of a justice of the peace. … Nor is the qualifying term police, which is prefixed to the word magistrate, objectionable in a constitutional point of view.

Kranzler v. Saltzman

407 Ill. App. 3d 24 · Appellate Court of Illinois · Jan 18, 2011

Second, it clearly establishes the nature of the transaction. Plaintiff loaned money to defendant. Third, the amount in question is readily apparent: $100,000 plus interest. … Evanston Hospital, 199 Ill. 2d 483, 493 (2002) (“ ‘A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.

At v. COUNTY OF COOK, ILL.

613 F. Supp. 775 · District Court, N.D. Illinois · Jul 2, 1985

They allege that these detentions have occurred continuously well over a year, thus bolstering their allegation that the custom is well established. … City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980) (city does not share qualified immunity defense of its officers); Coleman, supra, 470 F.Supp. at 681 (county does not share immunity enjoyed by defendant

United States v. Carroll

320 F. Supp. 2d 748 · District Court, S.D. Illinois · May 27, 2004

do not qualify for deference under Chevron since, at best, they equate to an opinion letter. … While there are multiple characteristics a transaction must have to qualify for this safe harbor provision, only two need be discussed here.