Case law

Ybarra v. City of Chicago

District Court, N.D. Illinois · Feb 8, 2019

immunity because their conduct did not violate a clearly established rule at the time of the shooting. … “A state official is protected by qualified immunity unless the plaintiff shows: ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the

Giegoldt v. Condell Medical Center

Appellate Court of Illinois · Apr 4, 2002

Generally, however, a hospital's failure to provide adequate restraints, including bed rails, can only be established by expert medical testimony. Therefore, these cases are treated as medical malpractice cases. … It appears at one point that the trial judge read section 2--622 aloud to clearly show what the statute required.

Picco v. Simon

80 Ill. App. 2d 277 · Appellate Court of Illinois · Feb 20, 1967

Plaintiff further contends that the intention of the legislature is clearly stated in the wording of the Act, and the “proviso” at the end of the Act, which states, “provided, however, that in the exercise of any of the powers … Doubler, 412 Ill 597, 107 NE2d 789 (1952), where it is said (p 600): “Provisos in a statute, being designed to qualify or limit what is affirmed in the body of an act, should be strictly construed.”

Joyner v. Balas

District Court, N.D. Illinois · Aug 16, 2023

“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 rights of which a reasonable person … Courts assess claims of qualified immunity under a two-part test. Kemp, 877 F.3d at 350.

Holmes v. Curren

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

Qualified Immunity Defense (Counts I and II) The Defendants also argue Counts I and II should be dismissed on qualified immunity grounds. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

SUPERVISORS CTY. OF BOONE v. Village of Rainbow Gardens

14 Ill. 2d 504 · Illinois Supreme Court · Sep 18, 1958

Nor does a municipal corporation have any “privileges and immunities” under the Federal constitution which it may invoke against the State, as its creator. Williams v. Mayor of Baltimore, 289 U.S. 36 , 77 L. ed. 1015. … Therefore, respondent has not sustained the burden of establishing the unreasonableness of the classification, and no constitutional provision is offended.

United States v. Two Plastic Drums

761 F. Supp. 70 · District Court, C.D. Illinois · Apr 10, 1991

Summary judgment cannot be granted in favor of a party “who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof … Indeed, the court cited a Second Circuit case which held, “We do not believe a substance gains immunity from being a food additive merely because it also qualifies as a food.” Id.

Brzowski v. Sigler

District Court, N.D. Illinois · Jun 26, 2020

"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 rights of which a reasonable … Thus, the availability of the qualified immunity defense turns on whether the relevant constitutional standard was "clearly established at the time of the alleged violation," from November 2015 through February 2017.

Department of Revenue v. Prestige Casualty Co.

68 Ill. App. 3d 988 · Appellate Court of Illinois · Jan 16, 1979

Clearly the distinction between Stubblefield and Stelle is the nature of the bonds in each case. … Revenue (1972), 51 Ill. 2d 1 , 280 N.E.2d 437 ), and the pleadings in these cases provide no basis for inferring the existence of such extraordinary circumstances of fraud or injustice as might call for removal of State immunity

Gray v. Agnew

95 Ill. 315 · Illinois Supreme Court · Mar 29, 1880

The rule is clearly stated by Chancellor Kent in the case of Rodriguez v. Hefferman, 5 J. Ch. … It should have been qualified by informing them that their consigning the goods to them for sale on commission would not have such an effect.

Ritz v. Neddermeyer

2024 IL App (1st) 231866-U · Appellate Court of Illinois · Jul 22, 2024

They additionally argued that they were immune from liability under the Tort Immunity Act. … ¶ 20 However, “[a]n indefinite statement will not qualify to support an action for fraud.” Marriage of Bower, 87 Ill.

Kennedy v. Deere & Co.

192 Ill. App. 3d 18 · Appellate Court of Illinois · Dec 8, 1989

They are qualified to both prescribe and perform physical therapy using equipment on the premises of their offices. … In our opinion, the de novo standard of review is clearly required here.

Studt v. Sherman Health Systems

Appellate Court of Illinois · Dec 23, 2008

Galluzzo, 77 Ill. 2d 279, 282 (1979) ("In medical malpractice suits, the plaintiff must establish the standard of care through expert testimony"); Walski v. … A reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant. Schultz v.

Illinois Health Care Ass'n v. Wright

206 Ill. Dec. 848 · Appellate Court of Illinois · Dec 1, 1994

An examination of Federal law reveals that identifying a nursing facility that is economically and efficiently operated is clearly a duty of the State. … The trial court refused to qualify Lindner as an expert, stating that it had found Lindner "wanting in this field.”

Peterson v. Board of Trustees of the Firemen's Pension Fund

54 Ill. 2d 260 · Illinois Supreme Court · May 21, 1973

The position which the Board found to be available in the fire-prevention bureau is clearly service in the fire department. … He will remain a fireman as defined in the Code and as a fireman will be qualified to enjoy the benefits of the pension fund.

Greinke v. Chicago City Railway Co.

234 Ill. 564 · Illinois Supreme Court · Jun 18, 1908

Bundy, 210 id. 39;) but the declarations of the injured party made to a physician who has made an examination of such party with a view to qualify himself to testify as a witness, only, are not admissible. … Cox was therefore corroborative and cumulative of facts and conditions which had been clearly established by other competent evidence. In West Chicago Street Railroad Co. v.

Astrauskas v. City of Collinsville

District Court, S.D. Illinois · Sep 22, 2020

Furthermore, as Defendants argue, the individually named Defendants are entitled to qualified immunity for the inspection. … The second prong asks whether a plaintiff’s constitutional rights were clearly established at the time of the officers’ actions. Id.

Prater v. J. C. Penney Life Insurance

155 Ill. App. 3d 696 · Appellate Court of Illinois · Apr 22, 1987

In the present case, plaintiff established her prima facie case when she proved that defendant was shot to death by another person. … Falls’ testimony that decedent held nothing in his hands before or after the shooting clearly supports plaintiff.

Church of Peace v. City of Rock Island

357 Ill. App. 3d 471 · Appellate Court of Illinois · May 12, 2005

The City hereby establishes a Storm Water Fund. … Under this analysis, the storm water service charge is clearly a fee.

Sullivan v. Edward Hospital

Illinois Supreme Court · Feb 5, 2004

Clearly, Gill and Jones do not stand for the proposition that this court has disregarded, or should disregard, the licensing requirement first established in Dolan . … App. 2d 314, 319-20 , 333 P.2d 29, 33 (1958) (reasoning that “surely, a qualified doctor would know what was standard procedure for nurses to follow”).