Case law

Wiltfang v. Dirksen

295 Ill. 362 · Illinois Supreme Court · Dec 21, 1920

It is the rule to construe a will so as to give an estate of inheritance to the first devisee unless limiting or qualifying clauses show a clear intention to limit or qualify the estate granted. (Bowen v. … It is an established rule, however, that when a will is made it will be presumed that the testator intended to dispose of all his property and leave no part of it as intestate estate, and a court will adopt any reasonable

Spivack v. Hara

69 Ill. App. 2d 22 · Appellate Court of Illinois · Feb 17, 1966

That the train was in motion when the injury occurred was not considered as in itself establishing active negligence; nor was the railroad’s settlement of an employee’s claim under the Federal Employer’s Liability Act thought … There is lacking in the instant case that clearly higher degree of culpability on the part of one of several joint tortfeasors which would warrant placing the entire burden upon him. The judgment is affirmed.

Alexander v. Northeastern Illinois University

586 F. Supp. 2d 905 · District Court, N.D. Illinois · Jun 23, 2008

It explicitly establishes the procedure for challenging an alleged unfair labor practice. See 115 Ill. Comp. Stat. 5/15; id. 5/16. … As Alexander’s complaint does not clearly delineate claims or counts, the court is unclear what could be stricken.

Faulkner v. City Of Chicago

District Court, N.D. Illinois · Jan 4, 2023

“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 … Defendants argue that Detectives Ryan and Scherr are entitled to qualified immunity because their assessments of probable cause, even if mistaken, were reasonable.11 They argue that it is not contrary to clearly established

Boyle v. Manley

263 Ill. App. 3d 200 · Appellate Court of Illinois · May 27, 1994

Contrary to defendant’s position, a review of Chapman’s does not establish that tying the Tiger to the wooden posts was appropriate. … The general principles governing the admission of expert testimony are well established.

Roberts v. Board of Trustees of Community College District No. 508

2019 IL 123594 · Illinois Supreme Court · Dec 10, 2019

In count I, a claim for common-law retaliatory discharge, plaintiff alleges the Higher Education Act of 1965 (HEA) (20 U.S.C. § 1070 et seq. (2012)) establishes a clearly mandated public policy of enabling students … Therefore, in defendant’s view, plaintiff failed to cite a specific provision that clearly mandates his asserted public policy. ¶ 27 “Established principles of judicial review counsel against consideration of

Sosa

District Court, N.D. Illinois · Dec 1, 2025

THE INDIVIDUAL DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY. … 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

Cullerton v. Du Page County Officers Electoral Board

Appellate Court of Illinois · Aug 7, 2008

law and fact--questions on which the historical facts are admitted, the rule of law is undisputed, and the only remaining issue is whether the facts satisfy a statutory standard--will not be disturbed on review unless clearly … Such restrictions and establishment of the period of time involved are, within constitutional limitations, matters for legislative determination.

Beasley v. St. Mary's Hospital

200 Ill. App. 3d 1024 · Appellate Court of Illinois · Jul 26, 1990

The rule which has been followed in this State is that when punitive damages are sought, actual malice must be established. (Erickson v. Aetna Life & Casualty Co. (1984), 127 Ill. … Unlike the other defamation counts, counts VII and VIII assume the existence of a qualified privilege.

Appel v. LaSalle County State's Attorney Felony Enforcement Unit

District Court, N.D. Illinois · Sep 4, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … be entitled to qualified immunity on any Section 1983 claims based on that misconduct, as Plaintiffs have not shown that it was clearly established that Defendants’ conduct was unauthorized.

Mannie v. Doe

District Court, N.D. Illinois · Oct 5, 2022

Qualified immunity “shields officials from civil liability [under § 1983] so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … It goes without saying that, if the jury sees things from plaintiff’s point of view, then defendants are not entitled to qualified immunity, as it was clearly established by the time of the incident that “officers cannot

Griffin

District Court, C.D. Illinois · Nov 13, 2025

“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 … As to the issue of qualified immunity, DeShaney and its progeny place the constitutional question as to the clearly established law “beyond debate”, but in the Defendants’ favor. Doxtator, 39 F.4th at 863.

Lyberger v. Snider

District Court, S.D. Illinois · May 14, 2021

Qualified Immunity Officers are also afforded the extra layer of protection of qualified immunity. Thayer v. Chiczerski, 705 F.3d 237, 247 (7th Cir. 2012). … Qualified immunity is immunity from suit rather than a mere defense to liability. Pearson, 555 U.S. at 237.

People Ex Rel. Hopf v. Barger

30 Ill. App. 3d 525 · Appellate Court of Illinois · Jul 15, 1975

As a general rule, the writ will not issue to compel a useless act or to decide questions which no longer exist merely to establish precedent. (Retail Liquor Dealers Protective Association v. … This clearly requires a respecting of confidence so that they may stand on an equal strategic footing with adversary counsel.

Dae Roberson v. P.O. Kent Liebermann 225

District Court, N.D. Illinois · Oct 2, 2019

Even if the officers lacked probable cause to arrest Roberson, qualified immunity protects them from civil liability so long as they did not violate a clearly established statutory or constitutional right about which a … This would have been enough to cloak Defendants with qualified immunity. Id.

Econ, Inc. v. Illinois Bell Telephone Company

351 F. Supp. 1087 · District Court, N.D. Illinois · Nov 27, 1972

Moreover, a state court has no jurisdiction to entertain an action to recover federal tax payments, because the United States has waived its sovereign immunity from suit only for tax l’efund actions brought in the federal … At any rate, the payments in question here were clearly collected by Illinois Bell and remitted to the United States in good faith as excise taxes.

Banks v. City of Chicago

District Court, N.D. Illinois · Dec 15, 2017

Qualified Immunity “‘Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate … Once a defendant raises qualified immunity as a defense, “the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right ‘was clearly established

By the Hand Club for Kids, NFP, Inc. v. Department of Employment Security

2020 IL App (1st) 181768 · Appellate Court of Illinois · Dec 30, 2020

Here, because the historical facts are established and the issue presented is whether the facts satisfy a statutory standard, the issue is considered a mixed question of fact and law that we will review under the clearly … ¶ 62 This strict baseline standard for establishing entitlement to an exemption is met here with a standard of review of clearly erroneous. This standard is “‘significantly deferential’” to the agency’s decision.

People v. Cartalino

111 Ill. App. 3d 578 · Appellate Court of Illinois · Dec 28, 1982

First, only Bridges introduced evidence which established the unlikelihood of Perkins having met Bridges in the McClurg apartment during the second week of March. … Colgan’s testimony was supported by her April 2, 1979, statement which was given before any immunity was granted.

Dillard

District Court, N.D. Illinois · Feb 19, 2026

They also argue that they are entitled to qualified immunity, id. II. … A plaintiff may do this only by plausibly alleging in his complaint a violation of a clearly established constitutional right. Id.