Case law

Pettengell v. Scott

369 F. Supp. 3d 882 · District Court, E.D. Illinois · Mar 26, 2019

Conspiracy claim; Monell claim; Claim against defendant Dumdie individually; and Qualified immunity The court need not address defendants' arguments they are entitled to summary judgment as to plaintiffs' conspiracy claim … immunity moot.

Daily v. Boudreau

231 Ill. 228 · Illinois Supreme Court · Dec 17, 1907

It was an instruction that the evidence adduced by the plaintiff did not tend to establish the cause of action and was not sufficient, in law, to sustain a judgment in his favor. … The judgment, however, should not be reversed and a new trial awarded if the verdict and judgment were clearly right and the plaintiff could not succeed upon another trial.

People v. Fox

294 Ill. 263 · Illinois Supreme Court · Oct 23, 1920

While the legislature may delegate to the county central committee power to divide the county into voting districts, yet that body must establish such rules for the exercise of the power as to protect the citizen and voter … In the organization and other proceedings of the county convention section 10 clearly gives to small wards or districts an unequal, unbalanced and controlling power, destroys the equality and freedom of elections and discriminates

People v. Woods

237 N.E.3d 1110 · Appellate Court of Illinois · Mar 26, 2024

¶ 11 David and Funches testified before the grand jury in exchange for immunity. … As a reviewing court, we are entitled to have the issues and argument clearly defined, and it is not our obligation to act as an advocate for defendant. People v.

The People v. Bernette

30 Ill. 2d 359 · Illinois Supreme Court · Jan 22, 1964

Lobb, 17 Ill.2d 287 ,) and likewise concedes that it is proper to qualify the jury for the death penalty in a capital case. (People v. Winchester, 352 Ill. 237 ; Ill. Rev. Stat. 1961, chap. 38, par. 743.) … Sternberg’s Estate, 10 Ill.2d 328 ,) and we find nothing in the new Code which clearly directs or requires the procedural change the defendant urges.

The People v. Scott

401 Ill. 80 · Illinois Supreme Court · Sep 24, 1948

The coat was then kept in the custody of the officers and duly delivered to a qualified chemist with the Illinois State Police Laboratory. … This paper clearly admits the charge made in the indictment.

Telephone News System, Inc. v. Illinois Bell Telephone Co.

220 F. Supp. 621 · District Court, N.D. Illinois · Aug 14, 1963

These expressions of legislative intent clearly establish that the statute was directed at the use of telephone service for professional gambling operations. … But persons are frequently confronted by the limitations of sovereign immunity in their dealings with the government.

People v. Ellis

39 Ill. App. 3d 373 · Appellate Court of Illinois · Jun 10, 1976

‘[B]ased both on precedent and reason, we believe that in order to sustain his position here the defendant must clearly establish: (1) actual incompetence of counsel, as reflected by the manner of carrying out his duties … It is clear that any opinion the State’s Attorney expressed was clearly based on the evidence adduced at the trial.

Gibrick v. Skolnik

254 Ill. App. 3d 970 · Appellate Court of Illinois · Sep 17, 1993

It is an opinion which we, being judges and not doctors, are not qualified to enunciate. … The trial court proceedings had in this case clearly indicated his incompetency to testify because he did not fulfill the second requirement of the Northern Trust case. The testimony established that Dr.

Mount Calvary Baptist Church, Inc. v. Zehnder

302 Ill. App. 3d 661 · Appellate Court of Illinois · Dec 31, 1998

The ALJ reasoned that “although applicant clearly intended to use the church for religious purposes, such intent, standing alone, does not establish that the church was in fact in exempt use under current Illinois law.” … Nevertheless, in order to qualify for exemption, a property must in fact be used for a religious purpose, however that purpose is defined. Skil Corp. v.

Midland Credit Adjustment Co. v. Donnelley

219 Ill. App. 271 · Appellate Court of Illinois · Oct 11, 1920

Their liabilities and obligations under the contract were clearly joint and as to them an entirety. In Morris v. … Such an innovation with the evil results that might follow would require the use of specific language clearly indicating the intention.

Rhawn v. Pearce

110 Ill. 350 · Illinois Supreme Court · May 19, 1884

Indeed, we have a constitutional guaranty “that the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, ” and the Supreme Court of the United States, in Greene … While we recognize the high standing and ability of the court where these decisions were made, still we are not inclined i to follow the rule there adopted, as we believe the rule established in New York and other States

People v. Clifton Supplemental Opinion on Rehearing

Appellate Court of Illinois · Apr 24, 2001

Detective Richardson clearly qualifies as an expert. He testified at trial that he had been a Chicago police officer for 27 years and a gang specialist for 18. … Accordingly, consistent with established precedent, we believe that Richardson's evidence qualified as expert testimony.

Wells v. United States

98 B.R. 806 · District Court, N.D. Illinois · Mar 13, 1989

. § 7421 (a) 1 and by sovereign immunity. … Instead Wells relies on a different but equally well established policy in the area of employment taxes.

Smith v. Marvin

Appellate Court of Illinois · Dec 4, 2007

The law does not say how a reasonably well-qualified general surgeon would act under these circumstances. … It clearly and accurately instructs the jury to determine the standard of care based on expert testimony. This is a correct statement of the law. See Pantaleo v.

World's Finest Chocolate, Inc. v. World Candies, Inc.

409 F. Supp. 840 · District Court, N.D. Illinois · Mar 16, 1976

Once plaintiff has established incontestability under this section, and the defendant here has not disputed this allegation, the mark is immune from challenge in an infringement action except as provided in 15 U.S.C. § 1115 … Such action was clearly done to harass the plaintiff and is, in this court’s opinion, contrary to the terms of the consent judgment.

Okic v. Fullerton Surgery Center, Ltd.

2019 IL App (1st) 181074 · Appellate Court of Illinois · Aug 26, 2019

Diniotis argued that a breach of the surgical standard of care could only be established through the testimony of a qualified medical expert. At argument, Mr. … It is also - 11 -  established that a plaintiff must generally present the testimony of a qualified expert to satisfy his burden of establishing the standard

Esparza v. Verstraete

District Court, S.D. Illinois · Feb 28, 2020

To determine if qualified immunity is appropriate, a court must assess whether an official’s conduct violated a constitutional right and second whether that right was clearly established. Volkman v. … Accordingly, under the facts as alleged in the complaint, Esparza has not established that his rights against the search and seizure described were clearly established, and Defendants would have qualified immunity

Giesler v. City of Herrin, Illinois

District Court, S.D. Illinois · Dec 1, 2021

The doctrine of qualified immunity is also not applicable. … The Court looks at two things to determine whether qualified immunity applies: (1) whether a plaintiff's constitutional rights have been violated; and (2) whether the right at issue was “clearly established” at the time

Merkel

District Court, C.D. Illinois · Sep 2, 2026

Both the deposition testimony and the documentation clearly establish that Mia received two votes in favor and three votes opposed. … In this case, the record clearly establishes that the harassment was subjectively abusive.