Case law

Brooks v. Daley

390 Ill. Dec. 838 · Appellate Court of Illinois · Mar 18, 2015

¶ 23 Brooks’ final argument on this point is that our interpretation of the statute turns the qualified immunity provided under section 2-201 into sovereign immunity, creating a state where “the … ¶ 26 Defendants argue that such conduct is immunized because cases establish that hiring and firing decisions are considered both determinations of policy and exercises of discretion.

Toth v. Rich Township High School District 227

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

Qualified Immunity 6 According to defendants, the individual board members are entitled to qualified immunity … because their conduct did not violate clearly established law or constitutional rights of which a reasonable person would have known.

People v. Gonzalez

151 Ill. 2d 79 · Illinois Supreme Court · Sep 24, 1992

The evidence adduced at trial in this case clearly established each of these elements. … Thus Hobbs is clearly distinguishable from the instant case.

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.

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?”

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).

Lucas v. The County of Cook

987 N.E.2d 56 · Appellate Court of Illinois · Mar 5, 2013

Lucas failed to articulate a clearly mandated public policy to support her claim of retaliatory discharge. … Lucas failed to establish a cause of action for retaliatory discharge. Namely, she failed to show a violation of a public policy or establish any proof of retaliation.

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.

People v. Grayer

Appellate Court of Illinois · Aug 24, 2010

again upon a new qualifying conviction or disposition. … App. 3d 127, 130 (2009)), the "possibility of an unjust or absurd result is generally not enough to avoid the application of a clearly worded statute." Petersen v. Wallach, 198 Ill. 2d 439, 447 (2002).

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.

Eden Retirement Center, Inc. v. Department of Revenue

Illinois Supreme Court · Dec 2, 2004

It is the established policy of the corporation to continue to maintain such persons as residents. … This section is clearly nothing more than a rephrasing of a similar provision in the 1870 Illinois Constitution.

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.

Nielsen-Massey Vanillas, Inc. v. City of Waukegan

212 Ill. Dec. 856 · Appellate Court of Illinois · Nov 20, 1995

The purpose of a section 2 — 619 motion to dismiss is to provide a mechanism to dispose of issues of law and easily proved issues of fact, and the cause of action should not be dismissed on the pleadings unless it is clearly … Next, the plaintiff argues that even if section 8 — 1—7 is applicable, its cause of action nonetheless fits within the confines of that statute or the established exceptions to the general rule stated by section 8 — 1—7.

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.

Wolf v. Hope

210 Ill. 50 · Illinois Supreme Court · Apr 20, 1904

An inspection of this bill clearly shows that the cause involves the Validity of a statute and a construction of the constitution. … years and until their successors are elected and qualified; that they shall qualify and "be commissioned in the same manner and be vested with the same powers and perform the same duties as circuit judges.

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.

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 .