Case law

Hamrick v. Lewis

515 F. Supp. 983 · District Court, N.D. Illinois · May 13, 1981

As this Court and others have clearly stated, “a single instance of individual officers’ misconduct ... however reprehensible if true, does not indicate systematic, city-supported abuses of the nature to which Monell makes … Someone is surely at fault for failing to establish or execute appropriate procedures for preventing such serious malfunctionings in the administration of justice.

Benda v. Bowen

684 F. Supp. 210 · District Court, N.D. Illinois · May 4, 1988

The record clearly indicates that Benda’s disorder has not seriously disrupted his daily life and social interaction. … To qualify for benefits under § 12.06, Benda would have to establish the existence of two of the same four factors that the AU has already found to be absent. See id. § 12.06(B).

Calhoun v. Wray

District Court, N.D. Illinois · Aug 10, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “When confronted with a claim for qualified immunity, [the court] must address two questions: whether the plaintiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established

Weaver v. People

132 Ill. 536 · Illinois Supreme Court · Apr 22, 1890

The cuts and wounds upon the head were severe, and clearly showed that several blows were struck. … That the defendants were acting together in the assault is clearly shown, and is not denied.

Monson v. City of Danville

425 Ill. Dec. 526 · Illinois Supreme Court · Aug 2, 2018

The court further held the City adequately established its immunity from liability pursuant to sections 2-109 and 2-201 of the Act. Id. ¶¶ 30, 33. … In so holding, this court reached the unremarkable conclusion that the immunity of section 3-104 was not limited and that it “clearly and unequivocally states that the municipality is immune from all

Davenport v. City of Chicago

653 F. Supp. 2d 885 · District Court, N.D. Illinois · Aug 31, 2009

It is the “well established duty of the trial court to ensure that the claims of a pro se litigant are given a fair and meaningful consideration.” Palmer v. … She has not alleged, for example, that she is a “qualified individual,” or for what Chicago police program or activity she might be qualified. Id.

Peoria County Treasurer & Collector v. Grange

106 Ill. App. 3d 785 · Appellate Court of Illinois · May 17, 1982

It is clear that three factors must be met to qualify for an exemption. First, the taxpayer must qualify as an organization described in sections 19.1 through 19.23 — 4 of the Revenue Act of 1939 (Ill. Rev. … Allphin (1975), 60 Ill. 2d 350, 359 , 326 N.E.2d 737, 741 , that: “ ‘[Ujnlimited freedom to seek judicial review of the merits’ where the legislature has established an express procedure for judicial review ‘would severely

Glynn v. Department of Corrections

2023 IL App (1st) 211657 · Appellate Court of Illinois · Mar 2, 2023

The court noted that the language of section 7(1)(e) was “quite broad” and not qualified. … The court also found that Diers’s affidavit established that viewing the footage would reveal the range of the security cameras in the dayroom and dorm 7 and thus expose the cameras’ blind spots, thereby establishing that

Powers v. Wells

244 Ill. 558 · Illinois Supreme Court · Apr 21, 1910

Such clearly was not his intention and it is not so- contended by appellants. … The rule is well established by our decisions that a life estate may be created with power to dispose of the fee and limit a remainder after the termination of the life estate.

People v. J.S.

153 Ill. App. 3d 154 · Appellate Court of Illinois · Feb 27, 1987

More significantly, Hansen’s statement that she had been robbed clearly does not relate to the circumstances of the occurrence. … On the basis of the record before us, we conclude that Rose Hansen’s statement to her niece did not qualify as an excited utterance.

In Re Masters

91 Ill. 2d 413 · Illinois Supreme Court · Jun 18, 1982

He argues, too, that the Administrator failed to establish corrupt motive for his conduct. … Respondent argues that Rosenthal is clearly distinguishable.

Mishaga v. Schmitz

136 F. Supp. 3d 981 · District Court, C.D. Illinois · Sep 30, 2015

to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a: system of Firearm .Owner’s Identification Cards, thereby establishing a practical and workable … of Ohio, could never qualify under Exception 10.

Preuter v. State Officers Electoral Board

334 Ill. App. 3d 979 · Appellate Court of Illinois · Oct 25, 2002

A mixed question of fact and law is reviewed under the clearly erroneous standard. See City of Belvidere, 181 Ill. 2d at 205 , 692 N.E.2d at 302 . … As noted above, in this case, the statute at issue is subject to several interpretations; competent legal counsel would have had no way of determining that the Guide was clearly wrong on this point.

Schumann v. Fleming

261 Ill. App. 3d 1062 · Appellate Court of Illinois · May 11, 1994

The Board argues that if a person may become a candidate, at a point when he is not even a resident, then that person could conceivably file for office in several different townships simultaneously, establishing residency … Thus, substituting the word "qualified” into the statute, it provides that to be qualified for town office the person must have been a resident for one year.

Rudd v. The Lake County Electoral Board

2016 IL App (2d) 160649 · Appellate Court of Illinois · Oct 21, 2016

The relevant portion of the statute makes this plain enough: “A person *** who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political … All statutes carry a strong presumption of constitutionality, and to overcome the presumption, the party challenging the statute must clearly establish that it violates the constitution. Bridges v.

Yocum v. Dixon

729 F. Supp. 616 · District Court, C.D. Illinois · Jan 26, 1990

“Few doctrines were more solubly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction----” Pierson v. … Judges Baker, Mihm, Ackerman, and Lessen are therefore clearly immune from liability under section 1983 for any action within the sphere of their offices.

In re Estate of Bennoon

2014 IL App (1st) 122224 · Appellate Court of Illinois · Aug 11, 2014

Semenova did not qualify as an expert witness on genealogy. … Semenova was not qualified to testify as an expert witness in genealogy.

McFatridge v. Madigan

962 N.E.2d 1113 · 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.

The PEOPLE EX REL. BYRNES v. Stanard

9 Ill. 2d 372 · Illinois Supreme Court · Sep 25, 1956

Such a course would clearly be violative of the statutory provisions pertaining to this aspect of our appellate practice and procedure. … Having duly qualified for their positions by civil service examination, they had civil service status.

Porter v. Porter

162 Ill. 398 · Illinois Supreme Court · Mar 28, 1896

It was, at most, a qualified notice that she might return, accompanied with the information that he did not desire her to do so. The only question remaining is, is the allowance to the complainant excessive? … He appears to be an economical business man, and with an unencumbered capital of $40,000 he is clearly able to pay the allowance fixed by the Superior Court.