Case law

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

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

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.

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.

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. Matthews

464 Ill. Dec. 620 · Appellate Court of Illinois · Dec 9, 2022

State—namely, a drug conviction from Will County case No. 92-CF-3211—was not a qualifying predicate conviction … See id. ¶¶ 38-39 (affirming the defendant’s sentence for armed robbery where the record clearly established that the defendant’s void AUUW conviction did not affect the trial court’s sentencing decision); People v.

Walker v. City of Chicago

District Court, N.D. Illinois · Sep 8, 2021

The court found, therefore, that the officers were protected by qualified immunity. Id. … Another court in this district recently disagreed with Haliw, stating that: The Haliw court held that what must be “clearly established” for purposes of qualified immunity is the availability of a defense to

Calabrese v. Foxx

338 F. Supp. 3d 775 · District Court, E.D. Illinois · Nov 17, 2017

When a plaintiff seeks prospective injunctive relief against being subject to criminal or regulatory enforcement, a "credible threat of enforcement" can qualify as an injury in fact. Susan B. Anthony List v. … Calabrese need not make the futile gesture of applying for a FOID card to establish ripeness. See Hamilton v.

U.S. Bank v. Dzis

957 N.E.2d 1183 · Appellate Court of Illinois · Jun 15, 2011

Dzis does not have a fundamental right to have a sheriff, rather than a properly qualified private person, serve process on him, nor does he have a right to have the qualified person who serves him with process … of a statute are clearly set forth, the courts are not bound by the literal language of a particular clause that might defeat such clearly expressed intent. *** [T]he judiciary has the authority

Miller v. Lake County Jail

District Court, N.D. Illinois · Sep 26, 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 … “clearly established” at the time of the alleged violation.

Gill-Richards v. Campanelli

District Court, N.D. Illinois · Jan 7, 2022

When evaluating a qualified immunity defense, courts ask whether “(1) [the officials] violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time … At the motion to dismiss stage, dismissal “is appropriate based on qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.’”

RL Polk and Co. v. Ryan

296 Ill. App. 3d 132 · Appellate Court of Illinois · Apr 22, 1998

At oral argument, the Secretary conceded that sovereign immunity did not bar this action. We accept the Secretary’s concession. Healy v. … The standards shall be stated as precisely and clearly as practicable under the conditions to inform fully those persons affected.” 5 ILCS 100/5 — 20 (West 1996).

Price v. McCoy

District Court, N.D. Illinois · Nov 8, 2021

Qualified Immunity Defendants finally argue that qualified immunity protects them from liability. … 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.”

M.O. v. Hononegah Community High School District 207

District Court, N.D. Illinois · May 15, 2019

“The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To defeat the qualified immunity defense, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that the right was clearly established at the time so that it would have been clear to a reasonable

Brogan v. Colatorti

2022 IL App (2d) 220160 · Appellate Court of Illinois · Aug 22, 2022

words, whether the rule of law as applied to the established facts is or is not violated. … facts not clearly erroneous.

Cherrone v. City of Morris

District Court, N.D. Illinois · Mar 29, 2021

Qualified Immunity Police officers are entitled to qualified immunity “if a reasonable officer could have believed that the action taken was lawful, in light of clearly … Loomis, 938 F.3d 917, 919 (7th Cir. 2019) (citing various Supreme Court opinions in which lower courts were reversed for defining rights too broadly when holding that they were clearly established for purposes of qualified

Daniels v. Sheahan

103 F. Supp. 2d 1043 · District Court, N.D. Illinois · Apr 5, 2000

One aspect of this conspiracy clearly was a jobs-for-money bribery scheme. … Since defendants win on the merits, I decline to rule on Sheahan’s qualified immunity argument.

Garley v. Columbia LaGrange Memorial Hospital

Appellate Court of Illinois · Jun 30, 2004

Once the fact of such license has been established, it lies within the sound discretion of the trial court to determine if the witness is qualified to testify as an expert regarding the standard of care." … Clearly, plaintiffs' physicians who testified as experts as to adequacies of communications between doctors and nurses concerning the patient's well-being were qualified to give their expert opinions with respect to this

Baker v. City of Chicago

District Court, N.D. Illinois · Aug 31, 2020

“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.” Lewis v. … right was clearly established at the time of the defendant’s alleged misconduct.