Case law

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.

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

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

Henricksen v. Illinois Racing Board

Appellate Court of Illinois · Dec 2, 1997

On October 7, 1995, Henriksen drove a horse in a qualifying race in New Jersey. On October 9, 1995, Henriksen drove horses in two races in New York, and a third horse in a race in New Jersey. … Neff , 95 U.S. 714, 720-22 , 24 L.Ed. 565, 568 (1878): "The authority of every tribunal is necessarily restricted by the territorial limits of the State in which it is established.

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

Schor v. Abbott Laboratories

378 F. Supp. 2d 850 · District Court, N.D. Illinois · Jul 12, 2005

plaintiffs in Doe and Service Employees had standing as indirect consumers of Norvir to pursue their Sherman Act claims, the Seventh Circuit has held that the “denial of a motion to dismiss for lack of standing does not qualify … It is well established that not all conduct that hurts competitors is anticompetitive or a violation of the antitrust laws. See, e.g., Spectrum Sports, Inc. v.

Slenker v. Grand Lodge of State of Illinois of Independent Order of Odd Fellows

344 Ill. App. 1 · Appellate Court of Illinois · Sep 29, 1949

“The holding in the Parks case clearly exempts the trust funds of a charity from any liability for the torts of its agents and employees. … We are of the opinion there is no justification for absolute immunity if the trust is protected, because that has been the reason for the rule of absolute immunity.

Pisano v. Giordano

106 Ill. App. 3d 138 · Appellate Court of Illinois · May 12, 1982

However, that status was rather clearly established on the record, which showed that plaintiff had filed an objection to a proposed change in location of a savings and loan with the Director of Financial Institutions, had … App. 2d 401 , 257 N.E.2d 9 (plaintiff is not required to plead and prove facts sufficient to establish standing, they need only be apparent from the record).)

Alivio Medical Center v. ILLINOIS DEPT. OF REV.

299 Ill. App. 3d 647 · Appellate Court of Illinois · Sep 30, 1998

Alivio has an established policy for billing. All new patients are referred to the financial evaluator for assessment of their capabilities to pay. … Clearly, there was profit from this enterprise, and according to the standard set in German Hospital, a charitable hospital does not make a profit. Thus, Alivio does not meet this standard.

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.

Village of Oak Lawn v. Marcowitz

86 Ill. 2d 406 · Illinois Supreme Court · Oct 19, 1981

Normally, the burden is initially upon one challenging a municipal ordinance to establish its unconstitutionality. (Chicago v. … In short, the effect of the ordinance is a form of antiabortion discrimination clearly precluded by equal protection and privacy considerations.

Farm Progress Show Concessions v. Department of Revenue

83 Ill. App. 3d 228 · Appellate Court of Illinois · Apr 23, 1980

The “occasional dinners” exception is clearly stated in the Act obviating the need to resort to statutory construction or legislative history. … Since the payments made were clearly not excessive they do not tend to disprove that all the profits were used for religious purposes.

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.

Forest Glen Brick & Tile Co. v. Gade

55 Ill. App. 181 · Appellate Court of Illinois · Dec 6, 1894

The surplus stock above $30,000 was not called in and canceled pro rata, and a new. basis of holdings established. … That case is, however, clearly distinguishable from the one under consideration.

People v. Garcia

405 Ill. App. 3d 608 · Appellate Court of Illinois · Nov 5, 2010

Defendant’s own statement, which he claimed was the product of coercion and beaten out of him, clearly distanced himself from the victim. … There, a witness testified concerning the scope of the immunity he was granted. However, the State knew the scope of the immunity was much broader than what the witness described while testifying.

Moore v. Watson

738 F. Supp. 2d 817 · District Court, N.D. Illinois · Sep 7, 2010

Whiting, 477 F.2d 456, 460 (4th Cir.1973) (“It may well be that a college need not establish a campus newspaper, or, if a paper has been established, the college may permanently discontinue publication for reasons wholly … First, the state may waive its immunity by consenting to be sued. Second, Congress may abrogate the state’s immunity through a valid exercise of its constitutionally-authorized powers.

Leclaire Courts Resident Management Corp. v. Chicago Housing Authority

945 F. Supp. 1107 · District Court, N.D. Illinois · Oct 28, 1996

. § 1437r provides that a “resident management corporation. that qualifies under this section ... shall enter into a contract with the public housing agency establishing the respective rights and responsibilities of the corporation … Congress’ scheme' to promote resident management of public housing projects clearly relies on state law as a foundation.

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).

Johnson v. Core-Vent Corp.

264 Ill. App. 3d 833 · Appellate Court of Illinois · Dec 29, 1993

The only exceptions stated in section 13-212(a) concern legal disability or fraudulent concealment, exceptions for which Core-Vent does not qualify. … Brush (1973), 53 Ill.2d 405 , 292 N.E.2d 372 (Tort Immunity Act); Patsis v.

Poulos v. Lutheran Social Services of Illinois, Inc.

Appellate Court of Illinois · Mar 24, 2000

A conditional or qualified privilege requires, among other things, proof of good faith. 12 Illinois Jurisprudence, Personal Injury & Torts §17:62 (1994). … Accordingly, defendants have shown no error in the denial of their motion for a directed verdict on the issue of conditional or qualified privilege.