Case law

Courtney v. Godinez

District Court, S.D. Illinois · Feb 5, 2024

Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … not violated clearly established law.”

Warren v. Swanson

69 F. Supp. 2d 1047 · District Court, N.D. Illinois · Oct 4, 1999

to qualified immunity. … The" plaintiff bears the burden of establishing that the constitutional right allegedly violated was clearly established “before the defendant acted or failed to act.” Id.

Brandon v. Village of Maywood

157 F. Supp. 2d 917 · District Court, N.D. Illinois · Aug 3, 2001

Parker’s arrest, the officers may be entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Eversole v. … The existence of a clearly established right is purely a question of law, Apostol v.

El Ranchito, Inc. v. City of Harvey

207 F. Supp. 2d 814 · District Court, N.D. Illinois · Jun 26, 2002

To overcome a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation. … In support of their claim of qualified immunity, defendants argue that the law was at least not clearly established that the police defendants could not make a protective sweep of El Ranchito to protect the inspector.

Bogacz v. Lt. Holmes

District Court, N.D. Illinois · May 14, 2024

Qualified immunity Lt. Holmes's argument for qualified immunity turns on the following contentions: (1) all he did was respond was respond to Mr. … Qualified immunity is not a basis for summary judgment when the defense turns on disputed facts. See, e.g., Gupta v.

Zamecnik v. Indian Prairie School District 204 Board of Education

619 F. Supp. 2d 517 · District Court, N.D. Illinois · Dec 21, 2007

WELLS’S MOTION FOR SUMMARY JUDGMENT Also pending is defendant Wells’s motion for summary judgment based on qualified immunity. … Without attempting to suggest a constitutionally permissible basis for suppressing such speech, Wells contends he is entitled to qualified immunity because no case establishes that a student must be allowed to wear a t-shirt

Washington v. City of Evanston

Appellate Court of Illinois · Dec 19, 2002

Kloempken's immunity from civil liability pursuant to the EMS Act and then consider St. Francis Hospital's immunity. In 1996, St. … Francis Hospital's SOPs or the established guidelines for breech delivery. The record shows that Dr.

White v. Village of Homewood

285 Ill. App. 3d 496 · Appellate Court of Illinois · Nov 26, 1996

White insists that the record "clearly reveals” the existence of issues of material fact. … This exercise of independent judgment qualifies as discretionary, and section 2 — 201 provides immunity for these discretionary actions.

Belluomini v. Zaryczny

2014 IL App (1st) 122664 · Appellate Court of Illinois · May 1, 2014

ASA McCarthy does not qualify her allegations to IAD as absolutely privileged. … Her statements to IAD were clearly a part of the investigation.

Doe 20 v. Board of Education of the Community Unit School District No. 5

680 F. Supp. 2d 957 · District Court, C.D. Illinois · Jan 11, 2010

person could have believed that it would not violate clearly established rights.’ ” Gonzalez v. … The Court further believes that the right violated was clearly established.

Hanzel Construction, Inc. v. Wehde & Southwick, Inc.

130 Ill. App. 3d 196 · Appellate Court of Illinois · Jan 25, 1985

Fitzgerald the court held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … by reference to clearly established law. 457 U.S. 800, 815, 817-18 , 73 L.

Trotter v. School District 218

315 Ill. App. 3d 1 · Appellate Court of Illinois · Jun 30, 2000

Janssen then found Nathaniel qualified to swim in the deep end of the pool and use the diving board during free swim. … Therefore, because of their status as volunteers, both Styx and Krastin qualify as public employees.

Steinbrecher v. Oswego Police Officer Dickey

138 F. Supp. 2d 1103 · District Court, N.D. Illinois · Apr 13, 2001

Qualified immunity protects public officials from liability for civil damages “ ‘[if] their conduct does not violate clearly established rights of which a reasonable person would have known.’ ” Wollin v. … standards were clearly established at the time of the alleged violation.

Thornburg v. Peters

155 F. Supp. 2d 984 · District Court, C.D. Illinois · Jun 28, 2001

Second, they assert qualified immunity because the law in 1997 did not clearly establish that they could not use political party affiliation as a qualification to hire an ISI II. … The Defendants also are not entitled to summary judgment on their qualified immunity defense.

Finsel v. Hartshorn

200 F. Supp. 2d 960 · District Court, C.D. Illinois · Apr 25, 2002

Cruppenink argues that he is entitled to qualified immunity on this claim. … As noted, qualified immunity applies unless the defendant violated a “clearly established” constitutional right.

Villars v. Kubiatowski

45 F. Supp. 3d 791 · District Court, N.D. Illinois · May 5, 2014

Bender, 600 F.3d 770, 779 (7th Cir.2010) (noting that a constitutional right is clearly established, and thus qualified immunity is unavailable, when its contours are “sufficiently clear that a reasonable official would understand … immunity.

Nicholas v. Bratton

376 F. Supp. 3d 232 · District Court, S.D. Illinois · Mar 26, 2019

Qualified Immunity "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … established" for purposes of qualified immunity, the right must be " 'clearly established' in a more particularized, and hence more relevant, sense."

Knight v. Kerstein

836 F. Supp. 2d 719 · District Court, N.D. Illinois · Oct 18, 2011

In the alternative, defendants argue that they are entitled to qualified immunity. … the constitutional right was clearly established at the time of the alleged violation.

Murray v. Chicago Youth Center

224 Ill. 2d 213 · Illinois Supreme Court · Feb 16, 2007

Collins had no license or certifícate qualifying him as a trampoline instructor or teacher. … Rabinoff s opinion, Collins was not qualified to teach tumbling. Dr.

Harasim v. Kuchar

702 F. Supp. 178 · District Court, N.D. Illinois · Dec 2, 1988

Plaintiffs have moved to bar evidence regarding qualified immunity. The question of qualified immunity is for the court, not the jury. Rakovich v. Wade, 850 F.2d 1180, 1202-03 (7th Cir.1988) (en banc); Jones v. … As discussed above, the law necessary for holding defendants liable on Count II was clearly established by the relevant date.