Case law

People v. Guppy

30 Ill. App. 3d 489 · Appellate Court of Illinois · Sep 2, 1975

She was granted immunity from prosecution, her requests for advice of counsel were refused, and she was directed to answer all questions. … The elements of proof required to establish guilt are different for each charge since the falsity of each answer and the materiality of each statement must be established by the evidence. People v.

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.

People v. Perez-Gonzalez

2014 IL App (2d) 120946 · Appellate Court of Illinois · Jul 30, 2014

As in Powers, the respondent’s conduct clearly qualified as criminal contempt. See also United States v. … In Matos, the State sought and the trial court approved a grant of immunity in order to compel the defendant to testify against his codefendants.

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.”

Downie v. Klincar

759 F. Supp. 425 · District Court, N.D. Illinois · Mar 20, 1991

The fourth guarantee clearly establishes that some right to confrontation exists, but the qualifying “good cause” language reflects the flexibility that marks these proceedings and suggests that the confrontation requirement … Indeed, police reports are explicitly excluded from the Rule 803(8) of the Federal Rules of Evidence, which establishes an exception from the hearsay rule for public records and reports.

Advincula v. United Blood Services

Illinois Supreme Court · Dec 19, 1996

We find that information in ABRA's brief that provides background to the Acquired Immune Deficiency Syndrome (AIDS) crisis essentially appears within the record on appeal and within the parties' briefs. … Curran, Acquired Immune Deficiency Syndrome (AIDS) Associated with Transfusions, 310 New Eng. J. Med. 69, 70 (1984); Kozop, 663 F. Supp. at 1052 .

Pochie v. Cook County Officers Electoral Board

289 Ill. App. 3d 585 · Appellate Court of Illinois · Jun 25, 1997

qualified, legal and registered voter at that address.” … We further disagree with petitioner’s argument that the petition and the records of the Chicago Board of Election Commissioners clearly indicate that Pochie does have standing.

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.

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.

Milhouse v. Northeast Illinois Regional Commuter Railroad Corporation

District Court, N.D. Illinois · Sep 20, 2019

“Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights that a reasonable person would … “[T]wo questions are pertinent to the defense of qualified immunity: whether the facts alleged show that the state actor violated a constitutional right, and whether that right was clearly established.” Hanes v.

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.

Lektro-Vend Corp. v. Vendo Company

403 F. Supp. 527 · District Court, N.D. Illinois · Jun 27, 1975

To prove violation of section 2, plaintiffs must establish three elements of proof: (1) a dangerous probability of actual monopolization in a relevant market; (2) specific intent to establish a monopoly power; and (3) overt … When Congress passed the various antitrust laws it clearly created federal rights and remedies enforceable in a federal equity court.

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

Yuretich v. Sole

259 Ill. App. 3d 311 · Appellate Court of Illinois · Mar 10, 1994

In other cases such as this one, where there is no liability for negligence, such allegations are required simply to establish liability. … Burke noted that in the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

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.”

State Public Utilities Commission ex rel. Quincy Railway Co. v. City of Quincy

290 Ill. 360 · Illinois Supreme Court · Dec 17, 1919

Indeed, in many of the cases it is clearly enough intimated that if that question had been presented for decision the results might have been different.” … This last case clearly distinguishes some Michigan cases, especially Detroit United Railway Co. v. Michigan, 242 U.

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.

Merritt v. Minor

District Court, S.D. Illinois · Mar 9, 2020

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … (2) whether the right at issue was clearly established at the time of the alleged misconduct.