Case law

Cooper v. Industrial Commission

33 Ill. 2d 477 · Illinois Supreme Court · Nov 19, 1965

Rubert as to the pathological indications thereon, qualifying his agreement only by indicating portions thereof could be due to positioning of the body. … In our judgment there existed no substantial conflict in the medical testimony, and the finding of the Commission that claimant’s proof was insufficient to establish permanent disability was rather clearly against the manifest

Reda v. Otero

251 Ill. App. 3d 666 · Appellate Court of Illinois · Oct 20, 1993

Initially, the Department points out that at the time of the establishment of the Fund in 1973 there was no $50,000 limitation (Ill. Rev. … Statements of individual legislators made outside the context of legislative debates are generally immune from the verbal interplay and the presentation of countervailing ideas inherent in the debate process. (Morel v.

People v. 1515 COOLIDGE AVE., AURORA, ILL.

308 Ill. App. 3d 805 · Appellate Court of Illinois · Nov 30, 1999

Those affidavits clearly established probable cause connecting the property to illegal drug transactions. Unlike in $1,124,905 U.S. … Additionally, once the privilege was raised, the State offered immunity from prosecution.

Alcorn v. City Of Chicago

District Court, N.D. Illinois · Sep 27, 2022

To overcome qualified immunity, a plaintiff must establish a violation of a constitutional right, and the court must determine if the right at issue was “clearly established” at the time of the alleged misconduct. … It is unreasonable to find that following the BOP Order violated a clearly established constitutional right. Therefore, this Court finds qualified immunity attaches and protects Sgt.

Thompson v. Gordon

356 Ill. App. 3d 447 · Appellate Court of Illinois · Apr 8, 2005

However, we note that West was a criminal case brought by the State, and as such, liberty interests of the defendant were clearly at stake. … App. 3d at 188 ), the State should have engaged the services of an independent and unbiased Illinois fire investigator, perhaps even licensed, rather than a fire investigator who was so clearly intertwined in conflicts of

Dante Smith v. The City of Chicago, et al.

District Court, N.D. Illinois · Jan 15, 2026

Qualified Immunity Defendants also argue that, even if such facts give rise to an excessive force claim, Officer Napoli remains protected by the doctrine of qualified immunity … When a defendant raises the issue of qualified immunity, “the plaintiff bears the burden of showing the existence of the allegedly clearly established constitutional right.” Clash v.

People v. Owens

452 Ill. Dec. 290 · Appellate Court of Illinois · Mar 25, 2021

Yet the majority “contextualizes” the law to include in the definition the one thing that has been clearly excluded. … The majority here is clearly overstepping its authority.

Hightime Entertainment Inc. v. Salustro

59 Ill. App. 3d 289 · Appellate Court of Illinois · Apr 26, 1978

Defendant was a Cook County resident and therefore did not qualify to apply for a renewal of the corporation’s liquor license. … Upon reviewing the record we conclude also that a prima facie case for success on the merits was established.

The Board of Education of Schaumburg Community Consolidated School District No. 54 v. The Teachers' Retirement System

984 N.E.2d 66 · Appellate Court of Illinois · Jan 7, 2013

The legislature’s use of the word “only” clearly limited the manner in which a school district can employ an administrator. … its Retirement Program would qualify as an exempt grandfathered contract for the same period the collective-bargaining agreement between the District and its teachers’ union qualified for an exemption.

Davis v. Johnson

138 F. Supp. 572 · District Court, N.D. Illinois · Dec 30, 1955

It has been established that, where a cause of action is given by a federal statute and no specific provision is made by an act of Congress for its survival, it survives or not according to the principles of the common law … Counsel have cited no Federal statute decisive of the question, and the court finds none clearly so decisive. * It is provided by Section 1983 that the action may be brought by the “party injured”.

Foggey v. City of Chicago

District Court, N.D. Illinois · Feb 5, 2018

Qualified Immunity “Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established … To decide whether the defense of qualified immunity applies, courts consider (1) whether the plaintiff has alleged a deprivation of a constitutional right; and (2) whether that constitutional right was clearly established

Teece v. Boyle

345 Ill. App. 88 · Appellate Court of Illinois · Dec 20, 1951

He thereafter qualified and entered upon the.duties of that office and received federal recognition of his appointment as Major General of the Line. … Federal recognition with commission in the National Guard of the United States is established as a requirement for holding commission in the active National Guard of the State of Illinois; the commission of an officer in

Frederick v. City of Peoria

203 Ill. App. 486 · Appellate Court of Illinois · Aug 10, 1916

The appellee was 'first appointed as a police officer in November, 1905, and qualified as such officer by giving the bond required by the ordinances of the city, and taking the required oath of office. … It has been clearly settled in this State that the city had no such right. (People v. Bradford, 267 Ill. 486 .)

People v. Tittlebach

324 Ill. App. 3d 6 · Appellate Court of Illinois · Aug 17, 2001

Here, the record establishes that Dr. Jonas had been involved in the treatment and evaluation of juvenile sex offenders from 1985 until 1990. … Here, the trial court clearly indicated that it had sufficient information to make its decision.

Couch v. Southern Railway Co.

294 Ill. App. 490 · Appellate Court of Illinois · Mar 9, 1938

The law is thoroughly established that motions for new trials are addressed to the sound judgment of the trial judge and his action thereon will not be reversed except in case of a clear abuse of such discretion, which must … It being the law that the trial judge is allowed a broad judgment in the granting’ of new trials, and that his action in so doing will only be reversed where it affirmatively appears that he has clearly and palpably abused

Collins v. Retirement Board of the Policemen's Annuity and Benefit Fund

Appellate Court of Illinois · Feb 8, 2011

, a civilian employee, did not qualify for credit as prior other service. … of law as applied to the established facts is or is not violated.

Morandi v. Heiman

23 Ill. 2d 365 · Illinois Supreme Court · Nov 30, 1961

Rausa, 2 Ill.2d 421 , have applied the principle of Laird to clearly preclude the counting of uninitialled absentee ballots. … he represents himself to be a qualified elector on such election day, they shall open the envelope containing the absent voter’s ballot in such manner as not to deface or destroy the affidavit thereon, or mark or tear the

People ex rel. Kane v. Weis

275 Ill. 581 · Illinois Supreme Court · Oct 24, 1916

Sections 2 to-4, inclusive, provide the manner in which such high school district may be organized and established. … That part of the section relied upon is as follows: “The General Assembly shall not pass local or special laws * * * granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise

Porter v. Urbana-Champaign Sanitary District

237 Ill. App. 3d 296 · Appellate Court of Illinois · Nov 12, 1992

All that is necessary in a small claims case for the complaint to be sufficient is that it clearly notify the defendant of the nature of plaintiff’s claim. (Miner v. Bray (1987), 160 Ill. … To submit a res ipsa claim to a jury, there must be evidence or testimony to establish the rare and unusual event or condition coupled with proof of a negligent act. Spidle v.

People v. Kathy K.

373 Ill. App. 3d 7 · Appellate Court of Illinois · Apr 13, 2007

The court qualified Dr. Glick as an expert in pediatrics, pediatric emergency, and child abuse pediatrics. 1 On direct examination, Dr. … Moreover, the record below clearly establishes that evidence of S.K.’s post-foster-care hospitalization already came into evidence through the testimony of Dr. Glick.