Case law

Stuckey v. Renaissance at Midway

2015 IL App (1st) 143111 · Appellate Court of Illinois · Feb 23, 2016

Renaissance therefore asked the circuit court to deny plaintiff’s motion to compel, as the “applicable statutes and relevant Illinois case law clearly establish that Defendant cannot produce information or documentation … We conclude that they clearly do.

Rogers v. City of Wheaton

District Court, N.D. Illinois · Aug 30, 2024

Where, as here, the officers assert a defense of qualified immunity, the burden lies with the plaintiffs to “demonstrate that the right was clearly established by presenting a closely analogous case that establishes that … Alternatively, the officers argue that they are entitled to qualified immunity because plaintiffs have failed to meet their burden to show that the officers violated a clearly established right.

Weber v. COUNTY OFFICERS ELECTORAL BD.

359 Ill. Dec. 141 · Appellate Court of Illinois · Feb 24, 2012

a mixed question of fact and law for which the standard of review is `clearly erroneous.' … Neither of them clearly resolves the issue, however. First, each paragraph is more general in some respects, yet more specific in other respects, than the other.

In Re Marriage of Decker

204 Ill. App. 3d 566 · Appellate Court of Illinois · Nov 16, 1990

Were it otherwise, an individual could always immunize any comment he made simply by communicating it to his attorney. … To qualify as such, a communication must be made within the ambit of a legitimate professional relationship.

Grace Community Church Assemblies of God v. Illinois Department of Revenue

Appellate Court of Illinois · Apr 18, 2011

Mixed questions of law and fact "are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is *** whether the rule of law as applied to the established facts … However, neither the exemption statute nor cases interpreting it have established a minimum required frequency of use for religious purposes. In general, unused property cannot qualify for an exemption.

Fried v. United States

579 F. Supp. 1212 · District Court, N.D. Illinois · Dec 21, 1983

There is clearly Art. Ill power to hear the pendent claims raised by plaintiff in the present case. The claims against the United States and the state law defendants arose out of a single accident at the Laboratory. … Though the University and the Association together are to establish “general guidelines concerning personnel policy,” it is obvious from Art.

United States Ex Rel. Wade v. Cooper

965 F. Supp. 1140 · District Court, N.D. Illinois · May 29, 1997

Section 2254(d)(l)’s reference to clearly established federal law “as determined by the Supreme Court” means that the court “must look exclusively to Supreme Court caselaw in reviewing a petitioner’s claim.” Sweeney v. … But, is the extension of a well-recognized constitutional principle to a situation factually divergent from relevant precedent enough to qualify as “clearly established Federal law as determined by the Supreme Court of the

Landry v. Daley

280 F. Supp. 929 · District Court, N.D. Illinois · Dec 28, 1967

The rule established by the early cases dealing with the powers of a single judge when such injunctive relief was sought was that a single judge could not dismiss such an action on the merits. 5 This doctrine was qualified … Before a federal court will assume equitable jurisdiction, however, the groundwork for such relief must be established.

Board of Education of Community High School District No. 218 v. Village of Robbins Modification of November 30, 2001, opinion on denial of rehearing

Appellate Court of Illinois · Feb 8, 2002

It is well established that on appeal, a trial court's findings will not be set aside unless clearly contrary to the manifest weight of the evidence. Reed-Custer Community Unit School Dist. No. 255-U v. … Accordingly, "[t]he decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper

Verdeyen v. Board of Education of Batavia Public School District No. 101

150 Ill. App. 3d 915 · Appellate Court of Illinois · Dec 5, 1986

Section 21 — 25 clearly states that an applicant for a school service personnel certificate must possess a bachelor’s degree in order to be issued the certificate. … The party claiming estoppel bears the burden of establishing it by clear, concise, and unequivocal evidence. (Johnson v. Security Insurance Co. (1985), 135 Ill. App. 3d 690, 694 , 481 N.E.2d 1263 .)

Foutch v. Zempel

332 Ill. 192 · Illinois Supreme Court · Oct 25, 1928

years from the date of appointment, and on the first Monday of each year thereafter the land owners may elect one commissioner of said district who shall hold his office for three years and until his successor is chosen and qualified … In the establishment of other districts the public is directly interested, and every fact necessary to their establishment must appear on the record. Nothing can be supplied by intendment or agreement.

Lewis-Connelly v. Board of Education

214 Ill. Dec. 92 · Appellate Court of Illinois · Jan 25, 1996

These laws, as implied terms of the contract, established conditions precedent to the effectiveness and enforceability of the contracts. … These provisions established a condition that plaintiff be certified in the subject area she was hired to teach.

Springfield School District No. 186 v. Department of Revenue

Appellate Court of Illinois · Aug 26, 2008

The District does not clearly and convincingly establish that it intends to own the property in the future where it has granted a third party the right to transfer ownership. … At issue is whether the District clearly established the second element of section 15-60.

People v. Clifton

321 Ill. App. 3d 707 · Appellate Court of Illinois · Apr 24, 2001

Detective Richardson clearly qualifies as an expert. He testified at trial that he had been a Chicago police officer for 27 years and a gang specialist for 18. … Accordingly, consistent with established precedent, we believe that Richardson’s evidence qualified as expert testimony.

People v. Quick

Appellate Court of Illinois · Dec 7, 1999

Rhoden and Jamison were given immunity in exchange for their testimony in the defendant's case. … The State points out that the type of gun used and the location of the shooter were otherwise established by the physical evidence.

Corgan v. Muehling

143 Ill. 2d 296 · Illinois Supreme Court · May 30, 1991

Clearly, when a primary response is coupled with a secondary one (which would include physical symptoms), damages can be established with a sense of objectivity. … The plaintiff was clearly within the class of persons the statute was designed to protect.

Kilborn v. Amiridis

District Court, N.D. Illinois · Nov 1, 2023

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … However, courts can evaluate qualified immunity arguments at the motion to dismiss stage “if the allegations in the complaint fail to state a claim of a clearly established right having been violated.”

Churnovic v. Silver Cross Hospital and Medical Center

District Court, N.D. Illinois · Apr 12, 2021

Clearly Established Law The DCFS Defendants next argue that even if the investigation violated Plaintiffs’ rights, they are nevertheless entitled to qualified immunity because … To overcome a qualified immunity defense, Plaintiffs must demonstrate that their right is clearly established at the time of the challenged conduct.

People v. Hightshoe

155 Ill. App. 3d 371 · Appellate Court of Illinois · May 14, 1987

Stat. 1985, ch. 91%, pars. 1 — 120, 3 — 702, 3 — 703) and that the State failed to establish by clear and convincing evidence that she is a person subject to involuntary commitment (Ill. Rev. … In these cases, the court found that where the record clearly demonstrated noncompliance with the relevant statutory provisions, the judgment entered was erroneous and without effect.

The PEOPLE v. Connolly

33 Ill. 2d 128 · Illinois Supreme Court · Sep 28, 1965

The act does not make juveniles immune from proper police investigation, nor does it render inadmissible voluntary statements to law enforcement officers. In People v. … However, the evidence clearly established that defendant was one member of a gang whose design was to rob the victim.