Case law

People Ex Rel. Gregg v. Tauchen

415 Ill. 91 · Illinois Supreme Court · Apr 21, 1953

The petitioner, who is county judge of Marshall County, must be a resident of Marshall County or he would not be qualified and eligible to hold that office. … It necessarily follows that legal title to a judicial office in this State can only be established by the written commission from the Governor.

Villars v. Holder

District Court, N.D. Illinois · Mar 12, 2019

The Court may also “grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported right exists at … Therefore, Kubiatowski is entitled to qualified immunity. IV.

McGuire v. Chicago Transit Authority

District Court, N.D. Illinois · Feb 15, 2018

“‘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 a reasonable … To overcome a presumption of qualified immunity, a plaintiff’s pleading must establish two things: (1) that the facts alleged describe a violation of a protected right; and (2) that this right was clearly established at

Warren v. Kendall County Sheriff

District Court, N.D. Illinois · Jul 25, 2018

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 a reasonable person would have … In addition, Commander Jennings is entitled to qualified immunity because it is not clearly established that where a supervisor recommends termination of a subordinate (even assuming it is based on a discriminatory motive

Brown v. Chicago Police Department

District Court, N.D. Illinois · Mar 23, 2022

Qualified immunity protects government officials from civil liability when performing discretionary functions as long as “their conduct does not violate clearly established statutory or constitutional rights of which a … whether that constitutional right was clearly established at the time of the alleged violation.”

People v. Spear

24 Ill. App. 3d 818 · Appellate Court of Illinois · Dec 30, 1974

The first accomplice, who had pleaded guilty to unlawful possession of marijuana, was granted immunity in return for voluntarily giving a statement which incriminated defendant, and the disposition on his plea had not been … Defendant argues that such preclusion prevented him from establishing possible facts that might have further shown “bias” on the part of one of the accomplices and render his testimony unbelievable.

Michigan Avenue National Bank v. County of Cook

306 Ill. App. 3d 392 · Appellate Court of Illinois · Jun 30, 1999

No evidentiary facts established that fibrocystic disease was treatable or that any of the defendant medical professionals had undertaken treatment of that condition on October 22, 1986. … Finally, the legislature used the words "undertaken to prescribe" in subsection (c), and "administering any treatment" in subsection (d). 745 ILCS 10/6-106 (c), (d) (West 1996) The legislature's use of such language clearly

People v. Hoffstetter

203 Ill. App. 3d 755 · Appellate Court of Illinois · Aug 17, 1990

However, the evidence presented at trial did not establish that Ms. Rose was an accomplice. … Sergeant Terry stated that he had heard the voice exemplar tape and that while the defendant appeared to use “different pitches and tones,” it was “clearly [the defendant’s] voice.”

Gaspar v. Murphy

District Court, N.D. Illinois · Jan 26, 2018

Police “officers are entitled to qualified immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … When assessing the clearly established prong of qualified immunity “the inquiry is aimed at determining whether a reasonable person in the officer’s position would have understood his actions to be against the law at

Doe v. Dilling

228 Ill. 2d 324 · Illinois Supreme Court · Apr 3, 2008

Kirk denied that he knew by 1997 that it was used to treat the immune system. … One treatment that Kirk felt “qualified” to recommend to Albert was chelation therapy. 10 Kirk and Betty had paid thousands of dollars for Albert’s medical treatment.

Gibson v. Philip Morris, Inc.

Appellate Court of Illinois · Sep 24, 1997

In Beauvoir , the discussion of publication arose in the context of a qualified privilege. … We hold that where the evidence establishes actual malice, punitive damages are recoverable.

Johnson v. Jack B. Kelley, Inc.

669 F. Supp. 191 · District Court, N.D. Illinois · Jul 6, 1987

The court stated that “[t]he intent of the Contribution statute was to reach anyone who was culpable, regardless of whether they have been immunized from a direct tort action by some special defense or privilege.” … between a plaintiff and an employer, its conclusion that an employer may *194 be “subject to liability in tort” within the meaning of the Contribution Act, despite the potential defense of the Worker’s Compensation statute, clearly

Nowak v. International Truck and Engine Corp.

406 F. Supp. 2d 954 · District Court, N.D. Illinois · Dec 19, 2005

In light of the fact that Davis had already served as a Business Team Unit Leader in Intentional’s Huntsville, Alabama facility, there is no basis for the jury to conclude that Nowak was clearly more qualified than Davis. … Kos’s allegation is clearly probative of discrimination.

People of Illinois v. Dees

85 Ill. 2d 233 · Illinois Supreme Court · Jun 4, 1981

Hendrix (1973), 54 Ill. 2d 165 , we noted that the Illinois constitutional provision on preliminary hearings does not provide a grant of immunity from prosecution as a sanction for its violation. … Instead, the court established a balancing process to weigh the competing interests of the defendant and the State.

People v. Deery

41 Ill. App. 3d 302 · Appellate Court of Illinois · Aug 16, 1976

All other things being equal it would seem the defendant clearly had the superior credibility. … For example, the testimony of both Finch and the defendant clearly established that they had done business with each other for many years on a rather casual basis, mostly for cash paid and no receipts given.

Venture-Newberg Perini, Stone & Webster v. Illinois Workers' Compensation Commission

2013 IL 115728 · Illinois Supreme Court · Jan 23, 2014

This well-established exception applies to employees who are required to travel away from their employer’s premises. Hoffman v. Industrial Comm’n, 109 Ill. 2d 194, 199 (1985); Wright v. … nonlocal tradesmen from remote union locations because of the lack of available qualified local union tradesmen.

Mathias v. Addison Fire Protection District No. 1

43 F. Supp. 2d 916 · District Court, N.D. Illinois · Mar 29, 1999

Thus, an employer must satisfy following requirements to qualify for Section 7(g)(2)’s exemption: (1) the employee must perform two or more kinds of work; (2) the employer must establish a bona fide hourly rate for those … To qualify under Section 7(g)(2), the following two additional requirements must be met: 1) the overtime hours for which the overtime rate is paid qualify as overtime hours under section 7(e)(5), (6), or (7) and 2) the number

Valentine v. DRUG ENFORCEMENT ADMINISTRATION, ETC.

544 F. Supp. 830 · District Court, N.D. Illinois · Aug 13, 1982

Those who clearly stand out above the rest of the `highly qualified' are the `best qualified.' DEA Manual at ¶ 0633.42(D)(6)(d) (Mar. 13, 1980) (emphasis supplied). … Defendants' argument with respect to Valentine's asserted failure to establish a prima facie case is that he has not shown that he was among the best qualified candidates for the positions he sought.

Fermi National Accelerator Lab v. Industrial Commission

224 Ill. App. 3d 899 · Appellate Court of Illinois · Jan 15, 1992

The Commission concluded the evidence did not clearly establish that some of the payments qualified for section 8(j) credit. … Industrial Comm’n (1989), 129 Ill. 2d 52 , 541 N.E.2d 665 , respondent argues claimant failed to establish that his initial injury, stepping off a stoop, arose out of his employment.

Snelson v. Kamm

204 Ill. 2d 1 · Illinois Supreme Court · Mar 20, 2003

Here, Sarnelle testified to his credentials and Kamm admits that they were sufficient to qualify Sarnelle as an expert. … Here, in contrast, there was no question that Sarnelle was qualified to render the opinions he offered at trial, and there was no missing link failing to establish all of the elements of Snelson’s case.