Case law

Anderson v. Community Unit District No. 228

114 Ill. App. 3d 901 · Appellate Court of Illinois · May 24, 1983

Section 504 of the Rehabilitation Act provides as follows: “No otherwise qualified handicapped individual in the United States *** shall, solely by reason of his handicap, be excluded from the participation in, be denied … Supp. 661 , is clearly applicable to this issue.

People v. David

141 Ill. App. 3d 243 · Appellate Court of Illinois · Feb 14, 1986

We find that the evidence clearly establishes the defendant had knowledge and constructive possession of the phenobarbital which was the basis of his conviction. … While defendant admits that Shirley was in court and available to testify under a grant of immunity, defendant argues that the grant of immunity was illusory because it left Shirley open to a charge of perjury if he gave

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.

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.

People v. Tyler

66 Ill. App. 3d 1017 · Appellate Court of Illinois · Dec 22, 1978

In Reed, we held that there was no per se conflict of interest and to otherwise establish the denial of effective assistance of counsel the defendant must establish actual prejudice resulting from representation by the same … Here, although the group was clearly bent on illegal activities, there is no evidence tending to show that the rape was part of a common plan.

Nichols

District Court, N.D. Illinois · Mar 27, 2026

Qualified Immunity Qualified immunity shields public officials from liability “unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional … Martinez’s actions did violate the Fourth Amendment, he is entitled to qualified immunity. Buchanan, 592 F.

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

Ruderman v. McHenry County

District Court, N.D. Illinois · Jan 9, 2023

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 … Determining whether qualified immunity or the Illinois Tort Immunity Act applies requires a more complete record.

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.]

Nickum v. Village of Saybrook

972 F. Supp. 1160 · District Court, C.D. Illinois · Jul 28, 1997

However, a common thread running through the case law on Noerr-Pennington is that in order to qualify for immunity, one must utilize legitimate means to get to the desired end. … Fact Concerts, Inc., 453 U.S. 247, 267, 101 S.Ct. 2748, 2760 , 69 L.Ed.2d 616 (1981) (establishing immunity for municipalities, as opposed to individuals, from punitive damages under § 1983); Smith v.

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.

Brzowski v. Sigler

District Court, N.D. Illinois · Jun 21, 2021

Qualified Immunity Sigler argues that she is entitled to qualified immunity because her actions did not violate Brzowski's clearly established rights. … Like Sigler, the recordkeeper in Figgs sought to be shielded by qualified immunity, arguing that the qualified-immunity inquiry should be whether the recordkeeper violated clearly established law "by failing to recalculate

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

Jodelis v. Harris

118 Ill. 2d 482 · Illinois Supreme Court · Dec 21, 1987

Hopkins is applicable here, and under it, Amvets is clearly not liable in tort for purposes of the Contribution Act. In Doyle v. … The Dramshop Act does not merely provide dramshops with immunity or an affirmative defense to an intoxicated patron’s suit.

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.

Moyer v. Southern Illinois Hospital Service Corp.

Appellate Court of Illinois · Feb 7, 2002

Bleyer is not a nurse and he does not establish that he is otherwise qualified to testify about nursing procedures, he was not qualified to testify regarding the nurse's standard of care in administering or monitoring thrombolytic … Bleyer's deposition establishes that he was qualified pursuant to section 2-622(a) to complete the written report required by that section.

Baisi v. Burke

District Court, N.D. Illinois · Jan 9, 2019

Accordingly, defendants are entitled to qualified immunity, and I dismiss the complaint on that basis. … To overcome defendants’ assertion of qualified immunity, plaintiff must show that the constitutional right he seeks to vindicate was clearly established at the time of the conduct in question.

OKO, LLC v. Illinois Dept. of Revenue

355 Ill. Dec. 249 · Appellate Court of Illinois · Jun 20, 2011

. ¶ 2 OKO appeals, arguing the Department's denial was clearly erroneous where, under the terms of the sale-leaseback agreement, the previous owner, who is also the lessee, retained sufficient indicia of ownership to qualify … The ALJ complains here that OKO "did not clearly establish through documentary evidence" that the Center had a troubled financial history, that the sale-and-leaseback was its only financing option, or why the Regions Bank

Manning v. Chambers

290 B.R. 328 · District Court, N.D. Illinois · Feb 25, 2003

This complaint was dismissed based on Eleventh Amendment sovereign immunity grounds. … Although both types of transactions have similarities, the distinction is not convoluted but well established.

Martinez v. Dart

District Court, N.D. Illinois · Aug 4, 2021

) whether the constitutional right was clearly established at [that] time.’” … And on those facts, Kulasa is not entitled to qualified immunity.