Case law

Johnson v. Retirement Board of Policemen's Annuity and Benefit Fund

137 Ill. App. 3d 546 · Appellate Court of Illinois · Oct 24, 1985

At the very least, Johnson’s uncontradicted testimony established that he was crossing the street fulfilling his duties directing traffic when the injury occurred. … Such activity was clearly not incident to a citizen in the ordinary walks of life. Rather, he was engaged in activities related to his duty as a police officer to protect and serve the public.

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.

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.”

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.

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.

Decatur Earthmover Credit Union v. Ryan

52 Ill. Ct. Cl. 414 · Court of Claims of Illinois · Aug 30, 1999

We presume that the immunities cover damages that are caused by the two specified kinds of occurrences. The second clause clearly covers the instant facts. … In its petition for rehearing (paragraph 3(d), at 3), Claimant advances the "* * * well established rule of statutory construction which states ‘an express statutory requirement here, contrasted with statutory silence there

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.

People v. Bertrand

978 N.E.2d 681 · Appellate Court of Illinois · Sep 28, 2012

frustration or abuse of the legislative process, a legal significance or effect must be given to each failure to vote by a municipal legislature who is present at a board meeting. ¶ 42 The Prosser rule established … The Citizen Participation Act attempts to provide citizens with legal immunity from SLAPPs.

People v. Montgomery

18 Ill. App. 3d 828 · Appellate Court of Illinois · Mar 21, 1974

The statement was clearly hearsay because it was intended to prove the truth of the matter asserted. … Such an assertion is not encompassed within any of the established hearsay exceptions, is not supported by any legal authority, and is rejected by this court.

People v. Thurber

13 Ill. 554 · Illinois Supreme Court · Jun 15, 1852

This legislative intention and understanding are clearly manifested in all the legislation referring to the subject, since the adoption of the new Constitution. … and qualified, who would then take his place and succeed to all those functions and duties.

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.

Evers v. Edward Hospital Ass'n

247 Ill. App. 3d 717 · Appellate Court of Illinois · Jul 9, 1993

The Health Care Act has two main features: (1) it provides legal immunity for physicians engaged in peer review, and (2) it establishes a national clearinghouse to collect information on physicians. … Finally, the hospital notified plaintiff that it declined to determine whether plaintiff was qualified because his application was incomplete.

Davis v. The City of Chicago

2014 IL App (1st) 122427 · Appellate Court of Illinois · May 14, 2014

But the record clearly negates this assertion. … In defense, defendants asserted immunity under the Act.

Banks v. Sheahan

914 F. Supp. 231 · District Court, N.D. Illinois · Dec 29, 1995

Defendants also raise the issue of qualified immunity. … Defendants are not entitled to qualified immunity on the remaining claim.

Department of Transportation v. Harper

64 Ill. App. 3d 732 · Appellate Court of Illinois · Oct 12, 1978

His ownership, regardless of his knowledge, qualifies him to testify.” ( 22 N.D. 544, 546 , 134 N.W. 749, 750 .) … In Lopez the court stated: “[I]t is well-established law that an owner of property is always competent to testify as to its value.

Schmidt v. Illinois State Board of Elections

2016 IL App (4th) 160189 · Appellate Court of Illinois · Feb 15, 2017

Additionally, where the “facts are admitted or established and the only dispute concerns whether the governing legal provisions were interpreted correctly,” we apply a de novo standard of review. … Moeller’s conduct clearly violated the restriction set forth in section 8-8 against signing petitions or being a candidate in the primary of more than one party.

Fergus v. Russel

270 Ill. 304 · Illinois Supreme Court · Nov 6, 1915

Justice Duncan, dissenting: Section 23 of article 5 of our present constitution provides that “the officers named in this article shall receive for their services a salary to be established by law, which shall not be increased … It is well understood that a person who takes an office takes it cum onere, and is legally bound to perform the duties thereof for the salary or refuse to qualify, or resign in case he has qualified.

Mendez Through Mendez v. Rutherford

655 F. Supp. 115 · District Court, N.D. Illinois · Feb 13, 1987

According to the Court: It is clearly established that although officials may not be held liable for simple negligence, they may be held liable for “gross negligence” or “reckless disregard” for the safety of others. … And, unlike Jackson, the police then created the harm themselves after the custodial relationship had been established.

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.

Vance v. Chandler

231 Ill. App. 3d 747 · Appellate Court of Illinois · Jul 22, 1992

In the instant case, we find the plaintiff’s allegations which describe the conspirators’ actions in soliciting, hiring and paying an individual to murder the plaintiff are acts which clearly qualify as unlawful acts. … Furthermore, those same acts also qualify as overt acts. An “overt act” is defined as “[a]n outward act done in pursuance and manifestation of an intent or design.”