Case law

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.

Forsythe v. Clark USA Inc.

Illinois Supreme Court · Feb 16, 2007

Plaintiffs claim that those employees were not maintenance mechanics and were not trained or qualified to perform the work they were attempting. … Accordingly, to establish liability, plaintiffs must establish more than the fact that Paul Melnuk made policy decisions and supervised subsidiary activities. Bestfoods, 524 U.S. at 69, 141 L. Ed. 2d at 61, 118 S.

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

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.

Peterson v. Lou Bachrodt Chevrolet Co.

61 Ill. App. 3d 898 · Appellate Court of Illinois · Jul 12, 1978

That was clearly not the case herein. Dr. … We find this situation clearly distinguishable from that involved in Finfrock. Inasmuch as Dr.

Biundo v. Bolton

444 Ill. Dec. 317 · Appellate Court of Illinois · Sep 9, 2020

Saltzberg was not qualified to establish the requirements for a psychiatrist and thus could not impugn any alleged failure by the psychiatrist on the defendants. ¶ 30 Even assuming arguendo that Dr. … Saltzberg, to establish the standard of care. During the trial, Dr.

Scott v. City of Hammond, Ind.

519 F. Supp. 292 · District Court, N.D. Illinois · Jun 24, 1981

The state court refused to recognize the immunity Nevada would have in its own courts, reasoning that California law did not provide the same immunity. … XI, § 2 (1970) clearly establishes his right to enforce environmental rights.

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 v. Yuknis

79 Ill. App. 3d 243 · Appellate Court of Illinois · Dec 4, 1979

But he qualified his conclusion that the gun had been fired by specifying that it could have been discharged one to two months prior to the incident. … When defense counsel alleged coverup, frame-up, and conspiracy with veiled references to grants of immunity and personal vendettas of the eyewitnesses, he must have expected the prosecutor to respond.

Grayson v. Furlow

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

Qualified Immunity A. … To determine if qualified immunity is appropriate, a court must assess whether an official’s conduct violated a constitutional right, and second whether that right was clearly established. Volkman v.

People Ex Rel. Kenny v. Fornof

343 Ill. App. 73 · Appellate Court of Illinois · Apr 6, 1951

In fact plaintiff admitted on the trial that she did not consider herself qualified to participate in a teaching program. … We think the foregoing decisions clearly point out the error of this view of the law.

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.

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.

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

Powell v. Simon

District Court, N.D. Illinois · May 14, 2019

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … As such, Leahy cannot establish a constitutional violation, providing the IDNR Defendants with qualified immunity from Leahy’s § 1983 claims.

Garimella v. Board of Trustees of the University of Illinois

50 Ill. Ct. Cl. 350 · Court of Claims of Illinois · May 8, 1996

This seemingly bars all or almost all mandatory injunctions, and may well bar many prohibitory injunctions as well, but it clearly prohibits employment and State program reinstatement claims like this case and Ellis. … XIII, section 4), thus deconstitutionalizing this doctrine which had been established directly by the 1870 Constitution.

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.

Kavales v. City of Berwyn

Appellate Court of Illinois · May 24, 1999

Thus, in the case at bar, looking to the property itself, it is clearly intended for use by pedestrians. … The testimony was not sufficiently detailed or specific enough to establish evidence of a routine business practice.

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