Case law

Village of Chadwick v. Nelson

2017 IL App (2d) 170064 · Appellate Court of Illinois · Apr 30, 2018

The trial court rejected Talea’s contention that her farm qualified for immunity under the Act. … For example, the definition in section 2 contains no restrictions on the type or scope of agricultural activity necessary to qualify as a “farm.”

Holmes v. Silver Cross Hospital of Joliet, Illinois

340 F. Supp. 125 · District Court, N.D. Illinois · Jan 17, 1972

We believe, however, that even if he was erroneous in his judgment as to the full scope of his jurisdiction and even if he was acting maliciously, the judge who appointed Baron is immune .from suit under the established doctrine … of judicial immunity.

Williams v. Hart

District Court, N.D. Illinois · Sep 29, 2022

The federal due-process rights in this context are not clearly established. The IDOC defendants thus have qualified immunity from such claims. … Qualified immunity shields state officials from personal liability when their actions do not violate clearly established federal statutory or constitutional rights that they reasonably should have known. Harlow v.

Weisbrod v. Lowitz

282 Ill. App. 252 · Appellate Court of Illinois · Nov 12, 1935

Considering the evidence as having established that defendants were brokers acting for plaintiff in this transaction, are they amenable to the Illinois Securities Law? … It clearly is aimed at those, who sell stock not qualified. In every transaction of this nature there are' two parties — a buyer and a seller.

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

Perschall v. Raney

137 Ill. App. 3d 978 · Appellate Court of Illinois · Oct 28, 1985

If any past or present infestation or damage is noted on this report, it is recommended that the owner, or other interested parties, contact a qualified engineer, architect or other qualified expert in the construction or … This was the position taken by the McAfee court, and while not articulated quite so clearly, the same position was taken in Grass.

Wells & French Co. v. Novak

73 Ill. App. 403 · Appellate Court of Illinois · Feb 14, 1898

stringing wire to the east of that machine, the bull-dozer, could have been done without interfering with the work of the bull-dozer I” The question was objected to on the ground that the witness had not been shown to be qualified … The four witnesses, one of whom appears to be wholly disinterested, are in direct conflict with appellee, and their evidence tends strongly to establish contributory negligence of appellee which would debar his right of recovery

Swank v. Department of Revenue

336 Ill. App. 3d 851 · Appellate Court of Illinois · Feb 13, 2003

Section 15 — 35 provides that property “used with a view to profit” does not qualify for the exemption. … Plaintiffs cite the burial purposes exemption for the proposition that the legislature has established property tax exemptions favoring for-profit enterprises.

Spraggins v. Brown

District Court, N.D. Illinois · Sep 30, 2019

Defendant Brown's Qualified Immunity Defense Defendant Brown argues that she is entitled to qualified immunity because her conduct did not violate clearly established constitutional rights. … Accordingly, Brown is not entitled to qualified immunity. 5.

Lowrie v. Goldenhersh

521 F. Supp. 534 · District Court, N.D. Illinois · Jul 2, 1981

Plaintiff points out that had he worked for the Justice Department in Detroit for the past five years, he would clearly satisfy the requirement of the Illinois rule. … Such a rule presents a prima facie violation of the privileges and immunities clause of the United States Constitution, Article IV, § 2, (see Toomer v.

Illinois Judicial Inquiry Board v. Chicago Bar Ass'n

128 Ill. App. 3d 798 · Appellate Court of Illinois · Nov 13, 1984

candidate is qualified.” … Once a qualified privilege is established, the party seeking disclosure must show a “particular need” for the information. Equal Employment Opportunity Com. v.

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

Dark v. United States Fidelity & Guaranty Co.

175 Ill. App. 3d 26 · Appellate Court of Illinois · Sep 8, 1988

The defense of an absolute or qualified privilege to a common law action for libel has long been established in Illinois. … Clearly, plaintiff cannot claim a misnomer here and section 2—616(d) is inapplicable.

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.

Watford v. Ellis

District Court, S.D. Illinois · Aug 28, 2019

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established … As such, Defendants are entitled to qualified immunity. IV.

Church v. State

164 Ill. 2d 153 · Illinois Supreme Court · Jan 19, 1995

Following a hearing, the circuit court entered an order finding that the Department’s decision to deny the plaintiff’s application was "clearly arbitrary and capricious and is hereby set aside.” … Viewing the instant Act in light of the two-part test established in Johnson, we conclude that the licensing scheme for private alarm contractors is unconstitutional.

Savoie v. Town of Bourbonnais

339 Ill. App. 551 · Appellate Court of Illinois · Mar 15, 1950

Therefore, the town could properly claim immunity from the operation of the statute of limitations, and from any prescriptive rights and correlative duties asserted by plaintiff. … Nor has plaintiff cited any other eases establishing such rights on behalf of one who acquires an easement by prescription.

People v. Evans

2016 IL App (3d) 140120 · Appellate Court of Illinois · Sep 16, 2016

He’s told us very clearly he’s not going to answer any more questions. THE COURT: He did answer some questions. … The mere potential for a mistrial is not enough to establish that the trial court abused its discretion.

Hildebrandt v. Illinois Department of Natural Resources

132 F. Supp. 2d 674 · District Court, C.D. Illinois · Feb 20, 2001

They further claim that they are entitled to qualified immunity on the § 1983 claims and that the undisputed facts do not support her other claims. … The Defendants are entitled to qualified immunity if no precedent had been established that denying staff support, inequitable treatment by management of the type shown here, or slow reimbursement constituted gender determination

United States v. Circuit Court of Cook County

967 F. Supp. 1022 · District Court, N.D. Illinois · May 5, 1997

Under the new version of section 2254, Aleman must show either that: (1) the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … immunity.