Case law

Taylor v. Rodriguez

District Court, N.D. Illinois · Sep 27, 2018

“Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights that a reasonable person … “A plaintiff seeking to defeat an assertion of qualified immunity must establish ‘that the law concerning the plaintiff’s asserted right was clearly established at the time the challenged conduct occurred.’”

Oscar Mayer & Co. v. Industrial Commission

176 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 1, 1988

Similarly, an employee is also clearly prejudiced in the giving of notice to the employer (see Ill. Rev. … Clearly, benefits are tied to the wage rate being earned on the date of accident. (Ill. Rev. Stat. 1987, ch. 48, par. 138.10.)

Harris v. Walls

53 F. Supp. 3d 1092 · District Court, C.D. Illinois · Jul 7, 2014

Defendants assert that they are entitled to qualified immunity, but their argument is undeveloped because they do not discuss Shaw or Higgason . … Qualified immunity is beside the point here anyway, because no rational juror could find that Plaintiffs pursuit of his soy case or his attempt to help other inmates file truthful grievances was a motivating factor behind

Gammon v. Edwardsville Community Unit School District No. 7

82 Ill. App. 3d 586 · Appellate Court of Illinois · Mar 26, 1980

The plaintiff, however, continued to express her apprehension and indicated clearly she did not believe that her difficulties with Ladd were over. … See also Gardner, Changing Patterns in Illinois’ School Tort Immunity, 55 Chi.-Kent L. Rev. 605 , 612 (1979).

Velez v. City of Chicago

District Court, N.D. Illinois · Sep 30, 2023

Because Velez has enough evidence of constitutional- rights violations, (fabricating evidence and withholding exculpatory evidence), and those rights were clearly established in 2001, qualified immunity does not apply to … Because fabrication of evidence violates “clearly estab- lished constitutional rights,” qualified immunity does not apply to Goldish.

People v. Levendoski

100 Ill. App. 3d 755 · Appellate Court of Illinois · Sep 30, 1981

It is well established that a prior inadmissible confession does not, in and of itself, render any later confession inadmissible. … He was clearly willing to repeat the confession to Wilkerson independent of his comments to Montesanto.

Ory v. City of Naperville

2023 IL App (3d) 220105-U · Appellate Court of Illinois · Apr 20, 2023

The Tort Immunity Act “grants only immunities and defenses.” 745 ILCS 10/1-101.1(a) (West 2016). … ¶ 29 Further, section 3-102(b) of the Tort Immunity Act provides that a public entity does not have constructive notice of a dangerous condition if it establishes either: “(1) The existence

Quincy Trading Post, Inc. v. Department of Revenue

12 Ill. App. 3d 725 · Appellate Court of Illinois · Jul 5, 1973

The hearing officer added that the auditor’s testimony supported the defendant’s prima facie case which clearly showed the plaintiff’s sales did not qualify as interstate sales exempt from the retailer’s occupation tax. … The manager clearly had authority to direct the auditor to other employees in the course of his audit.

Smith v. Dovenmuehle Mortgage, Inc.

859 F. Supp. 1138 · District Court, N.D. Illinois · Jun 10, 1994

Summary judgment must be granted “against a party who fails to make a showing sufficient to establish the *1141 existence of an element essential to that party’s case, and on which that party will bear the burden of proof … The content of the opinion clearly pertains to the issue of judicial estoppel and to hold otherwise would be to exalt form over substance. 5 .

People v. Johnson

355 Ill. Dec. 417 · Illinois Supreme Court · Dec 1, 2011

. ¶ 11 Section 5-4-3(k)(1) establishes a State Offender DNA Identification System Fund (Fund), "a special fund in the State Treasury." 730 ILCS 5/5-4-3(k)(1) (West 2008). … . ¶ 19 Marshall establishes, first, that the DNA analysis charge clearly is compensatory. It is intended to cover the cost of analyzing the offender's DNA, and therefore is paid only once.

The People v. Capuzi

20 Ill. 2d 486 · Illinois Supreme Court · Dec 1, 1960

Conti’s office is established conformably to section 9 — 75 of the Revised Cities and Villages Act (Ill. Rev. Stat. 1959, chap. 24, par. 9 — 75). … Sonnemann, clearly recognizes that an individual performing purely ministerial acts does not hold a lucrative office under the State. One defendant enjoys civil service status.

Low v. Richardson

360 F. Supp. 499 · District Court, N.D. Illinois · May 23, 1973

In order to qualify as a “provider” of hospital services reimbursable by Medicare, a hospital must establish a Utilization Review Committee, composed of two or more physicians, which periodically certifies the medical need … Clearly, none of this was done until four months after her discharge and then by only one physician as opposed to the required two. Mrs.

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 .) … Although we are sympathetic to plaintiffs 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

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

Adamidis v. Cook County

District Court, N.D. Illinois · Feb 23, 2022

of their conduct was clearly established at the time.” … right, and (2) that the unlawfulness of the conduct was clearly established at the time the officer acted.”

Thiems Construction Co. v. State

45 Ill. Ct. Cl. 267 · Court of Claims of Illinois · May 10, 1993

In addition, it was established that Thiems had exceeded the WBE/DBE goals on earlier projects. Further, it was proven that Theims did ultimately notify DOT of McMillin s failure to perform. … There is clearly no indication that Thiems intended to avoid its obligations.

Christian Action Ministry v. Department of Local Government Affairs

74 Ill. 2d 51 · Illinois Supreme Court · Dec 4, 1978

The phrase “all final administrative decisions” is neither limited nor qualified. … Questions about the propriety of an exemption or denial of exemption clearly lend themselves to meaningful judicial review. (See our analysis of the second issue below.)

Somerville

District Court, N.D. Illinois · Sep 9, 2026

Because the approach established by Monell is the only means for establishing municipal liability under Section 1983, see, e.g., Chortek v. … The Court also rejects the Defendant Officers’ argument that they are entitled to qualified immunity at this early stage of litigation. See Reed v.

Walker v. Berkshire Foods, Inc.

41 Ill. App. 3d 595 · Appellate Court of Illinois · Aug 19, 1976

App. 3d 509 , 341 N.E.2d 425 , the court stated that its decision in Marcus should not be read as a sweeping repeal of employer immunity, despite the seemingly broad language employed. … Clearly, under the allegations of plaintiff’s complaint, Berkshire occupied a position as plaintiff s employer and no other.

Leetaru v. The Board of Trustees of the University of Illinois

392 Ill. Dec. 275 · Illinois Supreme Court · Apr 16, 2015

That is something they clearly have authority to do in furtherance of the University’s educational mission. … Immunity from suit in the circuit courts is established by the Immunity Act, not the Court of Claims Act. See, e.g., Brandon v. Bonell, 368 Ill.