Case law

People v. $207,766 United States Currency

312 Ill. App. 3d 454 · Appellate Court of Illinois · Mar 27, 2000

Section 12 clearly applies in only very limited circumstances. … The documents executed by Aquino clearly establish that the funds were subject to forfeiture.

McGownd v. Illinois-American Water Company

2026 IL App (4th) 250332-U · Appellate Court of Illinois · Feb 13, 2026

Section 3-104 clearly immunizes the City from liability based upon such allegations. … The statutory language is not qualified, containing “no exception for willful and wanton misconduct.” Id.

Brown v. Lynn

385 F. Supp. 986 · District Court, N.D. Illinois · Oct 11, 1974

They cite numerous cases in support of the concept of sovereign immunity which have little or nothing to do with the National Housing Act. … Federal question jurisdiction is therefore clearly, proper in the instant suit.

In re Marriage of Sieck

78 Ill. App. 3d 204 · Appellate Court of Illinois · Oct 30, 1979

He believed that he was emotionally qualified to care for his children and give them necessary stability as well as parental love. … Jack Arbit, was clearly without foundation or basis.

Chicago Council of Lawyers v. Bauer

371 F. Supp. 689 · District Court, N.D. Illinois · Feb 5, 1974

The rules are therefore clearly) not a prior restraint. … Initially, it is important to observe that the challenged rules do not establish^ a- blanket prohibition on all speech.

Letourneau v. Department of Registration & Education

212 Ill. App. 3d 717 · Appellate Court of Illinois · Apr 3, 1991

So there clearly is no evidence to support the finding *** that Letourneau has lived in Florida since 1980.” … Raymond Rocke, testifying under a grant of immunity, said he had performed security work for the company under Rizzo as “boss.”

Bloomfield v. Retail Credit Co.

14 Ill. App. 3d 158 · Appellate Court of Illinois · Aug 3, 1973

In reversing, however, the court stated that in a case of qualified privilege, damages are not presumed. … Clearly, their actions led the jury to conclude that the qualified privilege of publication had been abused, thus warranting a finding that defendant had acted without a reasonable belief in the truth of the reports or was

The Raymond W. Pontarelli Trust v. Pontarelli

2015 IL App (1st) 133138 · Appellate Court of Illinois · May 7, 2015

The first two orders do not qualify as injunctions and, therefore, are not appealable. The third order does not purport to finally resolve any issue and is likewise not ripe for appeal. … BDO Seidman, LLP, 2012 IL App (4th) 120359, ¶ 48. ¶ 22 “A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary

Mordi v. Zeigler

District Court, S.D. Illinois · May 12, 2020

The Seventh Circuit held that the district court erred in denying the grant of qualified immunity because the right Mordi complained of was not clearly established at the time. … 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 have

Villarreal v. Village of Schaumburg

325 Ill. App. 3d 1157 · Appellate Court of Illinois · Oct 19, 2001

It is well established that in order to qualify for the issuance of a writ of mandamus, the following requirements must be met: a plaintiff must show a clear, affirmative right to the requested relief, a clear duty of the … In the context of the Act, the mere fact that plaintiff currently cannot perform the duties of a police officer does not qualify his injury as “catastrophic.” B.

Collins v. Retirement Board of the Policemen's Annuity & Benefit Fund

407 Ill. App. 3d 979 · Appellate Court of Illinois · Feb 10, 2011

a civilian employee, did not qualify for credit as prior other service. … of law as applied to the established facts is or is not violated.

In Re Thompson

30 Ill. 2d 560 · Illinois Supreme Court · Nov 26, 1963

The evidence before the commissioners clearly established that the respondent obtained money from the various attorneys by either selling to these attorneys a share in personal injury cases, or obtaining loans thereon. … The evidence also established that the respondent knew that the cases were fictitious.

Metropolitan Water Reclamation District v. Civil Service Board of the Metropolitan Water Reclamation District

358 Ill. App. 3d 347 · Appellate Court of Illinois · Mar 1, 2005

The list comprised three categories: category A (exceptionally well qualified), category B (well qualified), and category C (qualified). Wysocki placed in category “C.” … An employee’s ranking on a certified eligible list created from the results of a competitive promotional examination establishes the employee’s ability to perform the job.

Alliance to End Repression v. City of Chicago

561 F. Supp. 575 · District Court, N.D. Illinois · Apr 18, 1983

These letters express the view that “advocacy of illegal conduct, however general or unspecific in nature, is not immune from investigation.” … Plaintiffs fear that the FBI might maintain a dossier on controversial groups that do not qualify for a full (or even preliminary, see below) investigation.

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.

Laffoon v. Bell & Zoller Coal Co.

27 Ill. App. 3d 472 · Appellate Court of Illinois · Mar 21, 1975

Industrial Com., 57 Ill.2d 113 , our supreme court reiterated the established principle of law that a contract of employment cannot exist without the consent of both parties, saying at page 119: "It is not possible for a … Clearly, the legislature did not intend to give "statutory employers" a bonus by virtue of section 1(a)(3) as the majority holds. The interpretation invites total emasculation of the Structural Work Act.

Goings v. Baldwin

District Court, S.D. Illinois · Mar 23, 2023

Qualified Immunity CO Crabtree and Warden Butler assert that even if an assault occurred, they are entitled to qualified immunity. … Governmental officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional

Kaufmann v. Schroeder

241 Ill. 2d 194 · Illinois Supreme Court · Feb 25, 2011

The circuit court of Jersey County found that the one-year limitation period found in section 8-101(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/8-101(b … In summary, the majority's holding in this case represents a striking and inexplicable departure from our established precedents in Brucker and Orlak , as well as those of the appellate court.

Lubowsky v. Skokie Valley Community Hospital

79 Ill. App. 3d 909 · Appellate Court of Illinois · Dec 26, 1979

With respect to the first point, the University argues that the rule of law is long established and well recognized which considers a judgment entered by consent to be an agreement by the parties which cannot be vacated on … 1977, ch. 110, par. 72), as was done in the present case, the court having stated: “Before the enactment of this provision, consent decrees could be collaterally attacked only through bills of review and were specifically immune

People v. Mathews

406 Ill. 35 · Illinois Supreme Court · Mar 22, 1950

On the trial before the jury the People established the burglary of Oltman’s store and the larceny of the motors and drill as having occurred about 1 :oo A.M. on the morning of April 18, 1949. … There the surrounding circumstances were strongly indicative that the accomplice had been induced to testify as he did by promise of immunity.