Case law

Ericson v. Stolfe

District Court, N.D. Illinois · Sep 12, 2018

Qualified Immunity Even if these circumstances fell short of reasonable suspicion (which they do not), Ericson fails to overcome Officer Stolfe’s qualified immunity defense. … (reminding lower courts not to define clearly established law at a high level of generality).

Gage v. City of Chicago

2 Ill. App. 332 · Appellate Court of Illinois · Oct 15, 1878

Metamora, 78 Ill. 394 , has clearly settled the law the same way in this State. … and qualify to the bond.”

Gaddis v. Demattei

District Court, S.D. Illinois · Apr 9, 2024

“Beyond debate,” in turn, means clearly established law shares specific details with the facts of the case. Id. (citing White v. … issue, mindful that we cannot define clearly established law at too high a level of generality.’ ”).

American Agriculture Movement, Inc. v. Board of Trade

770 F. Supp. 407 · District Court, N.D. Illinois · Jul 10, 1991

] are well established. … The CEA clearly states that the decision about whether an “emergency” exists is to made solely by the contract market.

In re Petition to Disconnect Certain Territory From the Village of Campton Hills, Kane County, Illinois

Appellate Court of Illinois · Oct 15, 2008

Clearly, section 7--3--1 is not limited to single parcels. … We will not disturb the trial court's finding that petitioners established the statutory requirements for disconnection unless the finding is clearly -18- Nos. 2--08-

People v. Gocmen

2018 IL 122388 · Illinois Supreme Court · Feb 5, 2019

as an expert and must establish the effects of the drugs. … Clearly, he was incapable of driving safely, having driven his sport utility vehicle off the road while semiconscious.

Rosales v. Verson Allsteel Press Co.

41 Ill. App. 3d 787 · Appellate Court of Illinois · Aug 16, 1976

The Act established a system of liability without fault and abrogated the common law defenses of contributory negligence, assumption of risk and fellow servant. … The inapplicability of Duprey to the case at bar is clearly shown by Williams v. State Compensation Ins. Fund (1975), 50 Cal. App. 3d 116 , 123 Cal. Rptr. 812 , hearing denied.

Bankston v. IDOC

District Court, S.D. Illinois · Sep 14, 2020

Summary Judgment – Count I Denial of Religious Services Defendants argue that they are entitled to qualified immunity as to Count I because Bankston has no clearly established right for inmate-led … To defeat Defendants’ qualified immunity defense, the burden is on Bankston to demonstrate that the alleged violation of the Free Exercise Clause right was “clearly established.” Kemp v.

Tatham-Laird & Kudner, Inc. v. Johnny's American Inn, Inc.

383 F. Supp. 28 · District Court, N.D. Illinois · Sep 9, 1974

The facts clearly do not support such myopic and self-serving bootstrapping. … The defendant’s statement of the applicable law is thus clearly in error.

Long v. Retirement Board of Firemen's Annuity & Benefit Fund

391 Ill. App. 3d 681 · Appellate Court of Illinois · May 15, 2009

Questions of law are reviewed de novo, and mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532 . A. … impression the resolution of which was not clearly foreshadowed.

People ex rel. Nelson v. Citizens Trust & Savings Bank

272 Ill. App. 444 · Appellate Court of Illinois · Nov 21, 1933

its constitutionality.’ ” The reply brief indicates clearly that appellant now realizes the importance of the Trust Companies Act in the determination of this appeal. … The words “or deposit as hereinbefore provided,” and also the words “such deposit,” used in section 8, clearly relate to the term “deposit” in section 2.

People v. Algarin

200 Ill. App. 3d 740 · Appellate Court of Illinois · Jun 29, 1990

If the term were to be given this meaning, defendant would qualify as a parent. … The circumstances in this case clearly support an aggravated unlawful restraint conviction.

Aska v. United States of America

District Court, N.D. Illinois · May 15, 2024

Qualified Immunity To defeat a defense of qualified immunity, (1) a plaintiff must “adequately allege[] facts that, if true, would constitute a violation of a statutory … Aska’s Fourth Amendment rights, so Officer Schulte is not entitled to qualified immunity at this time.

City of Springfield v. Allphin

50 Ill. App. 3d 44 · Appellate Court of Illinois · Jul 5, 1977

We do not believe the decision in Klinger established such a broad rule. … Instead, the issue concerns sovereign immunity. Article XIII, section 4, of the Illinois Constitution of 1970 abolished sovereign immunity except as provided by the General Assembly.

Hicks v. City Of Chicago

District Court, N.D. Illinois · Mar 19, 2020

immunity because they did not violate clearly established law. … Lastly, Mears and Murphy are not entitled to qualified immunity on Hicks’ unlawful-seizure claim because they violated clearly established law (if the jury believes the Plaintiffs’ version of the facts).

White Sewing Machine Co. v. Harris

161 Ill. App. 122 · Appellate Court of Illinois · Aug 15, 1910

The phrases “or to continue business, if already established,” and “now or hereafter doing business within this state,” found in the beginning parts of paragraphs 67b and 67c of the act of 1897, not having been carried into … and paid its fees under the old law, should not be held to again qualify and pay fees before it can legally continue to do business in this state.

Alarm Detection Systems, Inc. v. Village of Hinsdale

Appellate Court of Illinois · Dec 12, 2001

The Village is clearly a unit of local government within the meaning of sections 5(15) and 11. … Giving effect to that plain language, we conclude that the Village was immune from any liability under the Antitrust Act.

Aleman v. Village of Hanover Park

748 F. Supp. 2d 869 · District Court, N.D. Illinois · Sep 29, 2010

“Deciding a claim of qualified immunity generally involves two inquiries: (1) has the plaintiff alleged facts that, if proved, would establish a constitutional violation; and (2) would a reasonable officer have known his … actions were unconstitutional in light of clearly established law?”

Muni v. Immigration & Naturalization Service

891 F. Supp. 440 · District Court, N.D. Illinois · May 19, 1995

Under the INS’ view, membership on a major league team does not by itself qualify an athlete as one having extraordinary ability, though it may help to establish that the athlete meets several of the criteria listed. … Yet the INS did not explain why the articles did not qualify as proof of Muni’s ability.

Kotecki v. Cyclops Welding Corp.

146 Ill. 2d 155 · Illinois Supreme Court · Feb 5, 1992

While recognizing that the Workers’ Compensation Act gives an employer immunity from tort actions by its employees, this court, in Doyle, found that there is no bar to a claim for contribution from that employer by a defendant … The potential for tort liability exists until the defense is established.” Doyle, 101 Ill. 2d at 10-11 .