Case law

McFatridge v. Madigan

2011 IL App (4th) 100936 · Appellate Court of Illinois · Dec 14, 2011

Sovereign Immunity ¶ 45 The Attorney General also argues McFatridge’s mandamus complaint is barred by sovereign immunity to the extent it seeks to control the Attorney General’s exercise of discretion. … Here, McFatridge is clearly being sued for actions he took in prosecuting Steidl and Whitlock while the elected State’s Attorney of Edgar County.

Hamlyn v. Rock Island County Metropolitan Mass Transit District

960 F. Supp. 160 · District Court, C.D. Illinois · Mar 21, 1997

The application form explicitly states: “WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [ ] AIDS.” … Cuomo, 743 F.Supp. 977, 996-97 (N.D.N.Y.1990), monetary compensation would most likely not have been available because of the defendants’ claims of qualified immunity.

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.

Goka v. Bobbitt

625 F. Supp. 319 · District Court, N.D. Illinois · Dec 3, 1985

But Goka might have a harder time establishing what he calls a “reckless failure to learn” about the lack of enforcement. … As in the Eleventh Amendment context, the state cannot extend the mantle of sovereign immunity over an individual’s conduct by voluntarily indemnifying them.

Cusick v. Gualandri

District Court, N.D. Illinois · Nov 22, 2021

Qualified Immunity – Donnelly and Englert “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … “[D]ismissal under Rule 12(b)(6) 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.” Hanson v.

Ficke v. Evangelical Health Systems

221 Ill. Dec. 95 · Appellate Court of Illinois · Dec 13, 1996

The Act codifies Illinois’ common law and constitutional rights to forgo life-sustaining treatment and establishes a private decision-making process allowing a surrogate to be chosen from a hierarchical list of candidates … The Act clearly, and in mandatory terms, obligates the attending physician to medically diagnose both lack of decisional capacity and the existence of a qualifying condition, including its cause.

Hernandez v. Chicago Park District

274 Ill. App. 3d 970 · Appellate Court of Illinois · Jun 28, 1995

The standard to be employed by this court in assessing the propriety of a denial of a motion for judgment notwithstanding the verdict is well established. … The evidence clearly demonstrates that the park district actually created the danger at issue in this case and thus it is absolutely incredible to claim lack of constructive notice as a defense. See Harding v.

People Ex Rel. Gill v. Lake Forest University

367 Ill. 103 · Illinois Supreme Court · Oct 15, 1937

It will thus be seen that if the scope of the exemption contained in appellant’s charter is such as to bring it clearly within the principles declared in the above holding by the United States Supreme Court, that fact will … It was there determined that the words “belonging to such corporation” brought all its property within the tax immunity provisions of its charter. In Chicago Home for Girls v.

Hayes v. Narang

District Court, N.D. Illinois · Aug 18, 2020

“Qualified immunity protects government officials from individual liability under Section 1983 for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or … To overcome a qualified immunity defense, “plaintiffs must show both (1) that the facts make out a constitutional violation, and (2) that the constitutional right was clearly established at the time of the official's

Carrillo v. Jam Productions, Ltd.

108 Ill. App. 3d 126 · Appellate Court of Illinois · Jun 23, 1982

In order for the court to grant a preliminary injunction, the plaintiff must establish that (1) he possesses a clearly ascertainable right which needs protection; (2) he will suffer irreparable harm without the injunction … Injunctive relief is such an extraordinary remedy that the plaintiff must plead facts which clearly establish his right to this relief.

Dorsey

District Court, N.D. Illinois · May 28, 2026

officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.” … Defendants’ opening brief did not raise the issue, but Dorsey himself did in his opposition brief, citing cases that he believes establish that the officers’ conduct violated a clearly established constitutional right.

Jones v. City of Chicago

639 F. Supp. 146 · District Court, N.D. Illinois · Mar 24, 1986

. (¶ 30) During pre-trial conferences, defendant officers allegedly maliciously suppressed from the plaintiff and his attorneys several police reports and memos containing exculpatory evidence clearly exonerating George Jones … Plaintiff correctly states that the racial animus of any one of the key conspirators is sufficient to establish the denial of equal protection of the law under § 1985, Bell v.

C.B. v. Board of Education of City of Chicago, District 299

District Court, N.D. Illinois · Aug 26, 2022

entitled to qualified immunity. … Id. at 12 n.7 (collecting cases). 7Defendants do not argue that the law is not “clearly established” for first amendment retaliation claims like Plaintiffs’, so the Court does not address qualified immunity

Ghiles v. Municipal Electoral Board/Commissioners of Chicago Heights, IL.

District Court, N.D. Illinois · Feb 26, 2020

“When attempting to defeat an assertion of qualified immunity, the burden is on the plaintiffs to show that a particular right is ‘clearly established.’” Hardeman v. Curran, 933 F.3d 816, 820 (7th Cir. 2019). … Without addressing equal protection directly, the City Defendants argue that they are entitled to qualified immunity on Plaintiffs’ constitutional claims because this is “no clearly established constitutional right to

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.

Owens v. Tripp

District Court, S.D. Illinois · Jun 9, 2021

Qualified Immunity Defendants Chadderton, Frierdich, and Walter also argue that they are entitled to qualified immunity. … 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

Thomas v. Chicago Transit Authority

2014 IL App (1st) 122402 · Appellate Court of Illinois · Feb 6, 2015

Upon good cause shown, an employee could request a one-year extension to establish a qualified residence prior to the expiration of the original six-month period. ¶4 Thomas was hired by the CTA in June … The clearly erroneous standard of review is applied when the facts are “admitted or established, the controlling rule of law is undisputed” and the issue is whether the facts satisfy the legal standard.

People v. Washington

375 Ill. App. 3d 1012 · Appellate Court of Illinois · Aug 24, 2007

Barnes was subsequently granted immunity from prosecution in exchange for his agreement to testify. … Accordingly, as evidenced by Cooper and the cases cited above, accountability convictions have been affirmed when the records reflect affirmative conduct that clearly evidences the defendants’ intent to further the crimes

Mermigas v. The Higher Education Loan Authority of the State of Missouri

District Court, N.D. Illinois · Sep 4, 2025

MOHELA argues that it does not qualify as a “person” under the ICFA and therefore is not subject to suit. Mermigas disagrees. … MOHELA was established pursuant to the Missouri Higher Education Loan Authority Act, Mo. Ann. Stat. §173.360, as a “body politic.”

Snell v. City of Chicago

8 L.R.A. 858 · Illinois Supreme Court · May 14, 1890

It clearly appears from the statements in the bill that the original route of the road included the portion thereof that was sold to Snell, and that what he bought did not cover the whole extent of the original route. … Tolls can only be collected at the legally established gates, and the public are interested in the permanency of the location of the gates, and entitled to the right of paying tolls at the established gates, especially when