Case law

Wallace v. Smyth

327 Ill. App. 3d 411 · Appellate Court of Illinois · Dec 18, 2001

The court also relied on the legislature’s grant of a limited form of parental immunity to teachers as support for the extension of a qualified form of parental immunity to foster parents. … It would be anomalous to grant a qualified immunity to educators and biological parents but to deny immunity entirely to foster parents, who, in their relationships with their foster children, share many important similarities

Diamond v. Chulay

811 F. Supp. 1321 · District Court, N.D. Illinois · Jan 26, 1993

Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … Qualified immunity is appropriate here because the position that Diamond held is not clearly established as one requiring protection from a termination based on political reasons.

Doe v. Bobbitt

698 F. Supp. 1415 · District Court, N.D. Illinois · Nov 4, 1988

They say that they have such immunity since Michelle did not have a clearly established constitutional right to be free of the abuse she is alleged to have suffered. Michelle cites Brooks v. … The defendants thus have no qualified immunity from any civil damages liability that may result from Michelle’s § 1983 claims.

Alvarez v. Wilson

431 F. Supp. 136 · District Court, N.D. Illinois · Mar 7, 1977

or qualified immunity. … immunity itself should be qualified or absolute.

Gleason v. Village of Peoria Heights

207 Ill. App. 3d 185 · Appellate Court of Illinois · Nov 13, 1990

They were qualified to provide cardiopulmonary resuscitation, which they did both at the beach and on the way to the hospital. … They were qualified to splint a fracture, which they did by placing plaintiff on a spine board and strapping him onto the board. They were qualified to transport a patient in an ambulance, which they did.

Alber v. Illinois Department of Mental Health & Developmental Disabilities

816 F. Supp. 1298 · District Court, N.D. Illinois · Mar 18, 1993

Because Albers again strike out on demonstrating any violation of constitutional rights, the absence of a viola *1307 tion of “clearly established” rights (the qualified immunity standard) follows a fortiori. … This is how Albers’ current Mem. 11 sets forth its topic heading on qualified immunity: The wrongful and continued detention of Ron and Cameron violated the clearly established right to be free from unlawful seizure resulting

Alvarado v. Battaglia

539 F. Supp. 2d 1022 · District Court, N.D. Illinois · Feb 13, 2008

If the plaintiff meets this burden, the Court must determine whether the particular constitutional right was clearly established at the time of the alleged violation. … If the right was clearly established, the government actor is not entitled to qualified immunity. Id. at 201, 121 S.Ct. 2151 .

Houseknecht v. Zagel

112 Ill. App. 3d 284 · Appellate Court of Illinois · Jan 20, 1983

Clearly appellant had the statutory authority to conduct this investigation, and defendant Zagel’s affidavit establishes that appellant’s proposed testing is an attempt to act in furtherance of that investigation. … In affirming the Illinois Supreme Court did not find sovereign immunity to be a bar to the action despite a finding that the establishment of a rifle range and target shooting on that range were lawful exercises of the Guard

Payton v. Rush-Presbyterian-St. Luke's Medical Center

82 F. Supp. 2d 901 · District Court, N.D. Illinois · Jan 27, 2000

Qualified Immunity We begin our analysis of qualified immunity with a brief description of the parties in this case. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), established that government officials performing discretionary functions are immune from damages as long as their conduct did not “violate clearly established

Fiorenzo v. Nolan

755 F. Supp. 801 · District Court, N.D. Illinois · Jan 30, 1991

Under the doctrine of qualified immunity, “public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of … Given this holding the court need not address the second prong of the qualified immunity analysis — whether the constitutional standards allegedly violated were clearly established at the time in question. .

Finch v. Chapman

785 F. Supp. 1277 · District Court, N.D. Illinois · Feb 4, 1992

We have no choice but to rely on the facts submitted by Chapman. 2 The undisputed facts establish that Chapman is entitled to qualified immunity from civil damages liability. … The Seventh Circuit has established a two-step approach to qualified immunity questions, based on Harlow and Anderson .

Layne v. Builders Plumbing Supply Co.

210 Ill. App. 3d 966 · Appellate Court of Illinois · Mar 27, 1991

The fact that the parties failed to assert the privilege and the court did not apply it instead of applying a qualified privilege does not establish that the defense cannot be used by one making statements to police regarding … immunity.”

Penn v. Chicago State University

162 F. Supp. 2d 968 · District Court, N.D. Illinois · Mar 30, 2001

clearly established at the time in question.” … Penn’s right to be free from arrest without probable cause was clearly established at the time he was arrested.

Savarirayan v. English

45 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 20, 1977

The doctrine of absolute immunity surrounding Federal officials was reconfirmed and clearly delineated in Barr v. Matteo (1959), 360 U.S. 564 , 3 L. Ed. 2d 1434 , 79 S. Ct. 1335 . … English and Taylor were consulting urologists of many years experience and service to the hospital; they were recognized specialists in their field, and uniquely qualified to observe and evaluate the quality of Dr.

Rebolar v. City of Chicago

897 F. Supp. 2d 723 · District Court, N.D. Illinois · Sep 21, 2012

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known.” Catlin v. … are not entitled to qualified immunity.

Hubble v. Bi-State Development Agency

238 Ill. 2d 262 · Illinois Supreme Court · Sep 23, 2010

Clearly, Bi-State is a form of “local government body” as referenced in section 1 — 206 of the Tort Immunity Act. See F. Zimmerman & M. … Clearly, the one-year statute of limitations provided by section 8 — 101(a) of the Tort Immunity Act furthers or supports Bi-State and does not burden it. 1.

Hatcher v. Cheng

63 F. Supp. 3d 893 · District Court, S.D. Illinois · Aug 7, 2014

Furthermore, Cheng is entitled to qualified immunity because Hatcher has not alleged that Cheng has violated a clearly established right. … Similar to Count 3, the Court also concludes that Kempf-Leonard is entitled to qualified immunity because Hatcher has not alleged that Cheng violated a clearly established right and has not come forward with a clearly analogous

Perez v. Lane

794 F. Supp. 286 · District Court, C.D. Illinois · Mar 19, 1992

Officials cannot receive qualified immunity if their conduct violates clearly established constitutional rights of which a reasonable person would have known. Conner v. … That Hispanics are protected from discrimination under the equal protection clause of the Fourteenth Amendment is clearly established, and a reasonable person would have known this.

Masters v. Murphy

2020 IL App (1st) 190908 · Appellate Court of Illinois · Nov 17, 2020

Therein, Murphy argued that the complaint should be dismissed pursuant to section 2-619 (735 ILCS 5/2-619 (West 2016)) because she had either absolute or qualified immunity under sections 2-204 and 2-210 of the … Murphy was clearly within the time and space confines of her position as a correctional officer.

Kirkman v. Latkowski

768 F. Supp. 239 · District Court, N.D. Illinois · Jul 10, 1991

Qualified Immunity Defendant also has moved for summary judgment on plaintiffs Marlon and *241 Indya Kirkman’s Fourth Amendment vehicle search claims based upon the doctrine of qualified immunity. … Under the doctrine of qualified immunity, “public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of