Case law

Ghiles v. Municipal Officers Electoral Board

2019 IL App (1st) 190117 · Appellate Court of Illinois · Jun 28, 2019

The Board proposed such draft rules of procedure in its notice to the parties, including Rule 8, which establishes a procedure for considering a prospective candidate’s papers when, as Mr. … “[T]he person questioning the validity of the administrative regulation bears the burden of establishing its invalidity.” Id. at 332.

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

the clearly erroneous standard. … Id. at 75. ¶ 62 This strict baseline standard for establishing entitlement to an exemption is met here with a standard of review of clearly erroneous.

Hanks v. Mount Prospect Park District

244 Ill. App. 3d 212 · Appellate Court of Illinois · Mar 19, 1993

While the foregoing cases clearly establish that a landowner has a duty to remedy conditions on his property which are dangerous to children, we find them to be inapplicable since there are no allegations here of a dangerous … In addition, the injury here clearly was not caused by a physical defect in the parking lot or the driveway, but instead was caused by an independent factor, the defendant Ursetto.

Melongo v. Podlasek

District Court, N.D. Illinois · Mar 19, 2019

“[T]wo questions are pertinent to the defense of qualified immunity: whether the facts alleged show that the state actor violated a constitutional right, and whether that right was clearly established.” Hanes v. … immunity on Count III, he may be entitled to qualified immunity.

Zieler v. Village of Oak Lawn

23 Ill. App. 3d 752 · Appellate Court of Illinois · Oct 11, 1974

ZIELER, the established salary, in such an amount and at such times as shall be fixed by ordinances of the Village of Oak Lawn in such cases made and provided.” … Clearly, these are matters separate and distinct from plaintiff’s original cause of action. Section 26 does not permit a party to change the nature of the original proceeding.

Outley v. City of Chi.

354 F. Supp. 3d 847 · District Court, E.D. Illinois · Jan 11, 2019

Defendants contend that Outley cannot establish the second and forth elements of the prima facie case. 14 With respect to the second element, defendants point out that Outley was not the most qualified candidate. … Thus, for 2011, Outley has presented sufficient evidence to establish that the City promoted a white male that was not better qualified for COE and has therefore established a prima facie case of race discrimination.

Roldan v. Cicero

District Court, N.D. Illinois · Aug 19, 2021

of qualified immunity at the very first opportunity after [plaintiff] filed her amended complaint. … Qualified immunity is grounds for dismissal under Rule 12(b)(6) “only when the plaintiffs’ well-pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.’ ” Hanson v.

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.

Shakman v. Democratic Organization

920 F. Supp. 2d 881 · District Court, N.D. Illinois · Jan 29, 2013

would not have granted her immunity. … Gershon cannot establish a reasonable fear of incrimination in 2013 based on a grant of immunity in 2007 — and certainly not when we have no idea of the basis for a grant of immunity six years ago, or what connection (if

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.

People v. Tatman

85 Ill. App. 3d 274 · Appellate Court of Illinois · Jun 23, 1980

Thus, the record clearly shows that at all times pertinent to the circumstances of this case, this informant was acting under the control and direction of the police, with the established sole purpose of providing information … Given these facts, the court correctly determined that the State failed to establish that the informant qualified under the “citizen informant” exception to a showing of credibility.

Van Pelt v. Pinckneyville Correctional Center

District Court, S.D. Illinois · Sep 24, 2025

Qualified Immunity Defendant Myers also argues he is entitled to qualified immunity shielding “government officials from civil damages liability unless the … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time

Ryan v. Landek

159 Ill. App. 3d 10 · Appellate Court of Illinois · Jun 8, 1987

It is a mandatory requirement under section 10 — 4 that the circulator certify that the voters signing the petitions are registered and qualified. … Ryan’s argument clearly elevates form over substance and does not further the legislature’s purpose in promulgating section 10 — 4.

People ex rel. Holdom v. Sweitzer

280 Ill. 436 · Illinois Supreme Court · Oct 23, 1917

Section 5 of the schedule provided that “at the first election fixed by the constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial circuits now established in this State … , as it was, before they could qualify, and certainly they could not thereafter qualify under a charter that had ceased to exist.

Evans v. Abbott Products, Inc.

150 Ill. App. 3d 845 · Appellate Court of Illinois · Dec 10, 1986

While no written agreement exists, plaintiff relies on Personnel Pool’s circular to establish the existence of an agreement. … Plaintiff clearly is a loaned employee as a matter of law. Moreover, Abbott had a right to control plaintiff’s work activities, at least temporarily.

People Ex Rel. Jonas v. Schlaeger

381 Ill. 146 · Illinois Supreme Court · Nov 17, 1942

individuals, or officials, to arbitrarily determine that his term of office has terminated and to effectually oust him from the discharge of the duties of that office, without any semblance of a hearing, or lawful warrant, would establish … Clearly relator is entitled to the office to which he was lawfully appointed, until his successor is duly elected and qualified, unless and until he is ousted in an appropriate proceeding in quo warranto at the suit of the

Sheriff of Jackson County v. Illinois State Labor Relations Board

302 Ill. App. 3d 411 · Appellate Court of Illinois · Jan 7, 1999

The merit commission waived the assessment-panel component of the promotional exam for Jacquot and certified him as qualified for the position. … The Sheriff does not argue that Brown did not establish a prima facie case, but instead he contends that his actions do not constitute an unfair labor practice.

Alarm Detection Systems, Inc. v. Village of Hinsdale

326 Ill. App. 3d 372 · Appellate Court of Illinois · Dec 12, 2001

The Village is clearly a unit of local government within the meaning of sections 5(15) and 11. … Giving effect to that plain language, we conclude that the Village was immune from any liability under the Antitrust Act.

Piper v. Connelly

108 Ill. 646 · Illinois Supreme Court · Jan 23, 1884

denote the intention to stop at the margin of the river, has been too long established, and too firmly adhered to by this court, to be now questioned. … This contract, after the description of the property, had these words added: “Together with all water privileges, rights and immunities of the said party of the first part therewith connected. ” This, in connection with the

People v. Durant

2024 IL App (1st) 211190-B · Appellate Court of Illinois · Mar 25, 2024

Based on his prior convictions of numerous Class X offenses, the statute clearly did apply. … Nor has he established a violation of his due process rights. Consequently, he has not shown the cause and prejudice necessary for leave to file a successive postconviction petition.