Case law

King v. Levin

184 Ill. App. 3d 557 · Appellate Court of Illinois · Jun 5, 1989

We reject plaintiff’s argument that the above cases are distinguishable from the instant case because they involve complaints clearly placing the privilege in issue either because the person was in a privileged position as … We hold that plaintiff has failed to present sufficient evidence to prima facie defeat defendant’s qualified privilege under any of these tests.

Bell v. Retirement Board of the Firemen's Annuity and Benefit

Appellate Court of Illinois · Feb 19, 2010

This court has clearly held that Bertucci did not state that it was to be applied prospectively only, nor did it establish a new principle of law. See Coleman, 392 Ill. App. 3d at 388, 911 N.E.2d at 500. … Tonkovic, Bertucci, Hooker, and Coleman all clearly relied on the plain language of section 6- 140.

Goodman v. Ward

Appellate Court of Illinois · Jan 14, 2010

who lives anywhere in the circuit is qualified. … Consequently, Section 11 does not expressly answer the question whether residency in the selection district must be established at the time petitions are filed.

Commerce Bank v. Youth Services of Mid-Illinois, Inc.

333 Ill. App. 3d 150 · Appellate Court of Illinois · Aug 23, 2002

immunity. … Clearly, the majority's finding that "every interaction defendant had with the Augsburgers was dictated by DCFS regulations" is erroneous. Op. 266 Ill.Dec. at 740 , 775 N.E.2d at 302 .

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 v. White

2011 IL 109689 · Illinois Supreme Court · Aug 4, 2011

That procedure required a two-step sequence for resolving government officials’ qualified immunity claims. … Saucier required that the analysis of a qualified immunity issue be undertaken in that specified sequence.

In re Fatima A.

2015 IL App (1st) 133258 · Appellate Court of Illinois · Mar 26, 2015

Knox that Fatima did not qualify for specialization. … Cinkus, 228 Ill. 2d at 210. ¶ 60 And finally, mixed questions of law and fact are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether

Smith v. Stewart

District Court, N.D. Illinois · Mar 10, 2020

right was clearly established at the time of the alleged violation.’” … 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

International Korwin Corp. v. Kowalczyk

665 F. Supp. 652 · District Court, N.D. Illinois · Jul 1, 1987

Small Commercial Establishment Defendant also fails to qualify under § 110(5) because the Orbit is not the type of small commercial establishment protected by the exemption. … With 2,640 square feet of space, the Orbit is more than four times the size of the small fastfood store in Aiken and hence too large an establishment to qualify under § 110(5). See Gap Stores, 516 F.Supp. at 925 .

Vaughn v. City of West Frankfort

166 Ill. 2d 155 · Illinois Supreme Court · May 18, 1995

The appellate court also opined that the costs of guarding against injury "clearly suggest the imposition of a duty in the pedestrian-defect type of case." ( 258 Ill.App.3d at 433-34 , 196 Ill.Dec. 591 , 630 N.E.2d 526 .) … Although we are sympathetic to plaintiff's injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries which occur as a result of unintended

Alvarado-Gonzalez v. Thompson

District Court, S.D. Illinois · Mar 31, 2023

The defense of qualified immunity generally “protects government agents from liability when their actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known … To defeat a defense of qualified immunity, the plaintiff must show that the facts demonstrate “a violation of a constitutional right,” and that the “constitutional right was clearly established at the time of the alleged

In Re Marriage of Richardson

255 Ill. App. 3d 1099 · Appellate Court of Illinois · Dec 27, 1993

On appeal, court ruled that child’s home State was established in Missouri six months after the move).) … Given Brandi’s life history and the history of custody litigation in this case, John suggests that all three States, Illinois, California and Arizona, would qualify under subsection (1); California most clearly qualifies

People v. Fane

454 Ill. Dec. 805 · Illinois Supreme Court · Dec 16, 2021

According to the instruction’s unambiguous language, a witness does not qualify as an “accomplice” - 15 -  for purposes of IPI Criminal No. 3.17 unless he commits … Norman’s credibility was clearly suspect, and in such a case, the trial judge should have discretion to decide whether to advise the jury to accept an accomplice’s testimony with caution.

People v. Kelly

185 Ill. App. 3d 43 · Appellate Court of Illinois · Jun 26, 1989

Ozaki’s testimony established that the vaginas of both girls may have been penetrated, there was no evidence that defendant had done so. … Clearly, the jury was not required to and in fact did not believe defendant’s alibi defense.

Bruss v. Przybylo

385 Ill. App. 3d 399 · Appellate Court of Illinois · Sep 26, 2008

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … The court refused, holding that the abstention doctrine “presupposes that the religious organization itself has acted before immunizing the decision from judicial review.” Vann, 452 F. Supp. 2d at 655 .

McGuire v. Chicago Transit Authority

District Court, N.D. Illinois · Sep 16, 2020

fail to establish a prima facie case of retaliation; and (3) Bonds is entitled to qualified immunity. … A plaintiff can defeat a qualified immunity defense if: (1) he adequately alleged facts that, if true, would constitute a violation of a statutory or constitutional right; and (2) that right was clearly established at

Magnus Electronics, Inc. v. Argentine Republic

637 F. Supp. 487 · District Court, N.D. Illinois · May 7, 1986

They clearly were. Despite that, Magnus Mem. 15 n. 8 suggests the dismissal of Magnus I for lack of subject matter jurisdiction has no res judicata effect on Magnus’ present action. … After Magnus files the Rule 11 statement described at the end of the preceding section, this Court will establish the procedures appropriate to carry on from that point.

Associates in Adolescent Psychiatry v. Home Life Insurance

729 F. Supp. 1162 · District Court, N.D. Illinois · Dec 19, 1989

In 1977, AAP established a defined benefit plan to complement its previously established defined contribution plan. … As will be seen below, Home Life’s FA does not clearly fall into either category of instrument.

Anderson v. Bowen

647 F. Supp. 1453 · District Court, N.D. Illinois · Nov 18, 1986

However, § 4.04 clearly states that the results of an acceptable treadmill test are to be given priority in ascertaining the severity of a cardiac disorder. … As established earlier, such a treadmill test was taken by the plaintiff and showed her impairments were not severe enough to qualify under the listing.

Jackson-Hicks v. The East St. Louis Board of Election Commissioners

2015 IL App (5th) 150028 · Appellate Court of Illinois · Mar 26, 2015

“[F]actual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident.” … The “clearly erroneous” standard of review applies to mixed questions of law and fact. Cinkus, 228 Ill. 2d at 211.