Case law

Ray v. Village of Woodridge

221 F. Supp. 2d 906 · District Court, N.D. Illinois · Sep 16, 2002

If the plaintiff presents a constitutional injury, the second step is to determine whether the right was clearly established at the time. See id. … The law on such matters is not clearly established as to the serious and dynamic situation the Officers faced. Again, qualified immunity protects officers from civil liability for reasonable, if mistaken, actions.

Quality Granite Construction Co. v. Hurst-Rosche Engineers, Inc.

261 Ill. App. 3d 21 · Appellate Court of Illinois · Apr 27, 1994

App. 3d 1084 , 399 N.E.2d 278 , recognized this blanket immunity from liability. We disagree. Vee See granted no such immunity. … A prerequisite for establishing a qualified privilege is the absence of actual malice. (Rosner v. Field Enterprises, Inc. (1990), 205 Ill.

Strauss v. City of Chicago

2022 IL 127149 · Illinois Supreme Court · Sep 22, 2022

We note that plaintiffs consistently insert qualifiers to the discretion of an alderman such as “lawful,” “legal,” and “official.” … Indeed, the plain language of section 2-201 makes clear that even if the discretion is abused, immunity still attaches, thereby opposing plaintiffs’ inclusion of these qualifiers as conditions imposed

Suarez v. Illinois Valley Community College

688 F. Supp. 376 · District Court, N.D. Illinois · Jun 9, 1988

Yet, that case, which made subjective good faith an element of qualified immunity, no longer governs the qualified immunity defense. In Harlow v. … Thus, the only question this court need answer in resolving defendants’ qualified immunity argument is whether it was clearly established at the time plaintiff was fired that discriminating against pregnant women violates

Mora v. State

68 Ill. 2d 223 · Illinois Supreme Court · Oct 5, 1977

On the basis of extensive surveys taken after the accident, plaintiffs contend that the roadway here in question would qualify for posting as a no-passing zone under the standards set by the manual. … It is a well established principle of the common law that an immunity exists in favor of public officials when they are exercising their official discretion on matters which are discretionary in nature and not ministerial

Corbett v. County of Lake

2016 IL App (2d) 160035 · Appellate Court of Illinois · Dec 2, 2016

The seventh photograph, a Google aerial view of the general area, identifies numerous business establishments on either side of the path. … We adhere to our statement in McElroy that a “trail” need not be wholly unimproved to qualify under section 3-107(b).

Gray v. Burke

466 F. Supp. 2d 991 · District Court, N.D. Illinois · Oct 31, 2006

According to defendants, the existence of probable cause also entitles them to qualified immunity. … In order to surmount the qualified immunity defense, plaintiff must show that her rights were violated and that the “law concerning [her] asserted right was clearly established at the time the challenged conduct occurred.

B. Braxton/Obed-Edom v. City of New York

368 F. Supp. 3d 729 · District Court, S.D. Illinois · Mar 15, 2019

The Defendants Are Not Shielded from Suit Under the Doctrine of Qualified Immunity. … The doctrine of "[q]ualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were 'clearly established' at the

Bragado v. City of Zion/Police Department

788 F. Supp. 366 · District Court, N.D. Illinois · Apr 6, 1992

They alternatively argue that even if they failed to take adequate steps to prevent Bragado’s suicide or to protect her, they are entitled to qualified immunity because it was not clearly established at the time of Bragado … See Hall at 404 (no qualified immunity regarding arrest on May 4, 1986). Consequently, the defendants’ motion for summary judgment on Count I is denied.

Stringer v. City of Chicago

464 F. Supp. 887 · District Court, N.D. Illinois · Feb 12, 1979

City of Philadelphia, 454 F.Supp. 652 (E.D.Pa.1978); see also Monell, supra, 436 U.S. at 713 , 98 S.Ct. 2018 (Powell, J., concurring), since Monell clearly establishes that a municipality must be viewed as a “person” under … The complaint as presently drafted may also be subject to a motion to dismiss under the closely related doctrine of qualified immunity.

Armato v. Grounds

944 F. Supp. 2d 627 · District Court, C.D. Illinois · May 1, 2013

Qualified immunity protects government officials from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … right was clearly established at the time of the alleged violation.

Love v. Cook County, Illinois

82 F. Supp. 2d 911 · District Court, N.D. Illinois · Jan 28, 2000

QUALIFIED IMMUNITY Defendants request that this court strike Plaintiffs claim, against them in their official and individual capacities based on their qualified immunity. … “Under the doctrine of qualified immunity, ‘governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Bertolis v. Community Unit School District No. 7

Appellate Court of Illinois · Oct 3, 1996

On July 20, 1994, defendants filed a motion to dismiss, citing as one ground for dismissal section 8-101 of the Tort Immunity Act, which establishes a one-year limitation period for actions commenced against local public … Although the Tort Immunity Act clearly establishes a one-year limitation period for actions filed against local public entities, in addition to following the statute of limitations ap- plicable to an action, we must also

Del Raine v. Carlson

153 F.R.D. 622 · District Court, S.D. Illinois · Mar 8, 1994

QUALIFIED IMMUNITY Alternatively, this Court finds that the defendants are entitled to qualified immunity in this cause of action. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Creekside Associates, Inc. v. City of Wood Dale

684 F. Supp. 201 · District Court, N.D. Illinois · Apr 29, 1988

Accordingly, absolute immunity is unwarranted. Nor are the individual defendants entitled to qualified immunity. … Qualified immunity shields public officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Rojicek v. Community Consolidated School District 15

888 F. Supp. 878 · District Court, N.D. Illinois · Jul 10, 1995

F.Qualified Immunity In their motion, defendants argue that Counts I through IV should be dismissed as to the individual defendants based on qualified immunity. … “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of

Harrison v. Hardin County Community Unit School District No. 1

197 Ill. 2d 466 · Illinois Supreme Court · Oct 18, 2001

The court found that this qualified as the making of policy under Harinek, and thus the coach’s actions were immunized under section 2—201 of the Act. Johnson, 301 Ill. App. 3d at 809-10 . … Under the principles set forth in Harinek, Brumley’s actions clearly qualify as the making of policy.

Dandino v. Tieri

878 F. Supp. 129 · District Court, N.D. Illinois · Dec 13, 1995

“Under the doctrine of qualified immunity, ‘governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The doctrine of qualified immunity requires a two-part analysis: (1) is the challenged conduct a constitutional violation, and (2) if so, was this constitutional right clearly established at the time of the conduct.

Valdez v. City of Ottawa

105 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 22, 1982

As to Kossaris, the court granted his motion for summary judgment, ruling that he was not the chief of police during the periods of time material here and that he was immune from suit under the doctrine of qualified immunity … the doctrine of qualified immunity.

Danyus v. Slama DeRosa

District Court, C.D. Illinois · Jan 8, 2021

Wolf also claims she is entitled to qualified immunity because she had no personal involvement in the investigation. See Pearson v. … 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