Case law

Walker v. Federal Land Bank of St. Louis

726 F. Supp. 211 · District Court, C.D. Illinois · Nov 27, 1989

Congress considered these *217 matters when it enacted the legislation— the excerpts from the legislative history cited by both courts clearly establish that Congress considered this question from every angle. … In this regard, 12 U.S.C. § 2202a requires that qualified loans be restructured rather than foreclosed upon.

Betts v. The City of Chicago

1 N.E.3d 1199 · Appellate Court of Illinois · Nov 22, 2013

¶ 16 Plaintiff argues that the record does not support the order dismissing her case because answers to the interrogatories and Smith's affidavit did not clearly establish that Smith was executing or enforcing the … We do not reach the ultimate question that surveillance does not qualify as executing or enforcing the law.

Galante v. STEEL CITY NAT'L BK. OF CHICAGO

66 Ill. App. 3d 476 · Appellate Court of Illinois · Nov 3, 1978

It would be unjust to allow them to prosecute their cause of action and, at the same time, refuse to answer questions, the answers to which may substantially aid defendants or even establish a complete defense. … As counterdefendants, the plaintiffs here clearly retained their Fifth Amendment privilege against self-incrimination at the depositions.

Simmons v. Walker

District Court, S.D. Illinois · May 19, 2023

Alternatively, Walker argues she is entitled to qualified immunity because it was clearly established at the time that (1) she was not personally responsible for the deprivation of Simmons’ constitutional rights; (2) the … Prison officials “are entitled to qualified immunity from liability arising out of conduct that does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ferguson v. Ryan

251 Ill. App. 3d 1042 · Appellate Court of Illinois · Nov 19, 1993

committeeman of another established political party; 3. a judge of election pursuant to Article 13 or 14 of The Election Code for another established political party; 4. a voter who voted in the primary election of another … established political party.”

Rivera v. Guevara

District Court, N.D. Illinois · Aug 31, 2018

Guevara is entitled to qualified immunity for the “recant” “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly … In this case, qualified immunity is appropriate for Guevara on the “recant” claim against him because there was no constitutional violation and the law was not clearly established.

Rakestraw v. United Airlines, Inc.

765 F. Supp. 474 · District Court, N.D. Illinois · May 30, 1991

As a result, United established a new type of training program for the 570. … The new seniority provision would clearly impose irreparable injury on plaintiffs.

Hickey v. Illinois Central Railroad

35 Ill. 2d 427 · Illinois Supreme Court · Sep 23, 1966

the boundary line thus established and the 1852 shoreline, in the Illinois Central. … The immunity is a qualified one and the qualifications are variously stated.

Marshall v. Industrial Commission

342 Ill. 400 · Illinois Supreme Court · Dec 18, 1930

Dependency is established when it is shown that the claimant relied upon the deceased for his of her means of living. … In this case the evidence clearly shows that the claimant relied on the contributions of deceased for half her livelihood, and dependency is thus established.

Bridgestone/Firestone v. Aldridge

Illinois Supreme Court · Oct 23, 1997

However, the legislature did clearly express a contrary intent. Sections 604 and 1502.1 address different subjects. … In adopting such a test today, the majority does what Dienes refused to do: that is, provide a claimant the opportunity to establish something in addition to what the statute requires in order to qualify for benefits.

Slezak v. Girzadas

167 Ill. App. 3d 1045 · Appellate Court of Illinois · Mar 8, 1988

The sole issue on appeal is whether the trial court erred by refusing to qualify plaintiff’s expert witness as a medical expert on the ground that he had failed to establish that he was familiar with the community standards … Laskin clearly indicated his familiarity with the Zimmer plate surgical procedure and testified as to the similarity of standard of care between New York and Chicago.

Richardson v. Village of Dolton

District Court, N.D. Illinois · Sep 30, 2022

Qualified immunity shields state officials from Section 1983 liability “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time … Qualified immunity provides an “added layer of protection by shielding officers from suit for damages if a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information

Williams v. Milne

District Court, N.D. Illinois · Jun 29, 2021

Qualified Immunity Next, Defendant argues that qualified immunity protects him from liability. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Nolan v. Hillard

Appellate Court of Illinois · Dec 8, 1999

Joyce's affidavit establishes that although the Department received Jaconetti's application for the 1998 sergeants examination, he did not take the written qualifying test. … Jaconetti, who seeks promotion but does not and will not possess the requisite level of college education when promotions are conducted, is clearly injured by this requirement.

People v. George O.

314 Ill. App. 3d 1044 · Appellate Court of Illinois · Jul 26, 2000

The State conversely maintains that (1) the circuit court’s order was proper, as clear and convincing evidence established by Dr. … We, therefore, decline to apply waiver in this case, since the State’s failure to comply with section 3 — 610 appears on the face of the record and clearly prejudiced George O.

People Ex Rel. Hartigan v. Dynasty System Corp.

128 Ill. App. 3d 874 · Appellate Court of Illinois · Nov 15, 1984

The eradication of such fraudulent schemes is clearly a legitimate and important State interest. … Under the doctrines of sovereign immunity and public officials’ immunity, the defendants are barred from recovering monetary damages. (Ill. Rev. Stat. 1983, ch. 127, par. 801; People ex rel. Scott v.

Johnson v. Thompson

District Court, S.D. Illinois · Mar 9, 2023

are protected by qualified immunity. … “Generally, qualified immunity protects government agents from liability when their actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Granzow v. Eagle Food Centers, Inc.

27 F. Supp. 2d 1105 · District Court, N.D. Illinois · Dec 11, 1998

Clearly Granzow has demonstrated that they would be. … From the required look at the evidence in the light most favorable to Granzow, a genuine issue of material fact clearly exists as to whether Granzow was qualified.

Woods v. Foster

884 F. Supp. 1169 · District Court, N.D. Illinois · Jan 4, 1995

As Defendants have not' established that Plaintiffs cannot recover on the facts alleged in the First Amended Complaint, the motion to dismiss must be denied. … Third, Plaintiffs argue that employers clearly have a duty to exercise reasonable care in the retention and supervision of their employees.

Jewish War Veterans of US v. American Nazi Party

260 F. Supp. 452 · District Court, N.D. Illinois · Sep 30, 1966

The complaint in this cause (together with the so-called “Emergency Complaint” clearly sets forth a conspiracy between defendants for the purpose of depriving plaintiffs in this cause and others, — people of the Jewish faith … — of equal privileges and immunities which have been granted to them under the Constitution and the statutes of this country.