Case law

Mulvey v. Carl Sandburg High School

66 N.E.3d 507 · Appellate Court of Illinois · Oct 28, 2016

¶ 45 Our supreme court has established a two-part test to determine which employees may be granted immunity under section 2-201 of the Tort Immunity Act. … First, an employee may qualify for immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.” (Emphases in original.)

In Re Application for Judgment & Sale of Delinquent Properties

167 Ill. 2d 161 · Illinois Supreme Court · Sep 21, 1995

Furthermore, all statutes are presumed to be constitutional and the challenging party bears the burden of clearly establishing the statute’s unconstitutionality. Rehg v. … While, clearly, the term establishes some manner of relationship between levying and the agreement of the county clerk, the relationship is better considered by examining context.

Park v. Bruce

District Court, C.D. Illinois · May 6, 2021

establishes a manifest error of law or fact.” … The Ninth Circuit held that exercising physical force in the courtroom was not a judicial act entitled to absolute immunity. Id. at 64–65. It held that the judge could, however, claim qualified immunity.

Rogers v. City Of Harvey

District Court, N.D. Illinois · Mar 31, 2021

Defendants also assert that Winston is entitled to qualified immunity with respect to Rogers’ excessive force claim.4 “Qualified immunity balances two important interests—the need to hold public officials accountable when … However, Defendants’ qualified immunity argument is coextensive with their general argument about the merits of the excessive force claim.

Kinzer v. Fidelity and Deposit Co. of Maryland

273 Ill. App. 3d 211 · Appellate Court of Illinois · May 16, 1995

Patterson (1992), 154 Ill. 2d 414, 468 , 610 N.E.2d 16 (courts generally refuse to reopen what has been decided, and "a rule established as controlling in a particular case will continue to be the law, as long as the facts … Fidelity also failed to raise this defense until more than nine years after Kinzer filed her original complaint; thus, it was clearly within the trial court’s discretion to deny it as untimely. Turner v.

Town of Libertyville v. Bank of Waukegan

152 Ill. App. 3d 1066 · Appellate Court of Illinois · Feb 23, 1987

Section 4.02 of the Act permits townships which have been authorized by the voters to establish an open space program: “[t]o acquire by gift, legacy, purchase, condemnation in the manner provided for the exercise of the right … The statute clearly exempts real estate used for farming or agricultural purposes from condemnation.

Migliore v. County of Winnebago

24 Ill. App. 3d 799 · Appellate Court of Illinois · Dec 27, 1974

MORAN delivered the opinion of the court: Plaintiff brought an action under the Local Governmental and Governmental Employees Tort Immunity Act (III. Rev. … The determination was necessary for two reasons: to establish that plaintiff had actual knowledge of the subpoena and to make possible a proper return as commanded by the court.

People v. Legel

24 Ill. App. 3d 554 · Appellate Court of Illinois · Dec 18, 1974

The facts, as related, clearly show that defendant made no attempt to preserve his activities as private. … We find that, under the instant circumstances, defendant’s dining room qualifies as a public place within the meaning of the statute. See People v. Baus, 16 Ill.App.3d 136, 138 (1973).

Scofield v. BOARD OF EDUCATION, COMMUNITY CONSOLIDATED SCH. DIST.

411 Ill. 11 · Illinois Supreme Court · Jan 23, 1952

article 5A inoperative and void. *15 The defendants argue that when all of the provisions of article 5A are read together, in conjunction with certain provisions of the Election Code, the legislative intent and plan is clearly … discernible as to qualifying age and citizenry.

Eckiss v. McVaigh

261 Ill. App. 3d 778 · Appellate Court of Illinois · May 19, 1994

On the same date, custody of Kathy was established under the Probate Act, and pursuant to that act Kathy nominated as her guardians Richard and Lois Eckiss. … There is a dispute regarding the McVaighs’ alleged consent to the establishment of the guardianship.

Dundee Township v. Department of Revenue

325 Ill. App. 3d 218 · Appellate Court of Illinois · Oct 15, 2001

Under the Township Code, a township may acquire qualifying tracts of land for open space purposes. 60 ILCS 1/115 — 5 et seq. (West 1998). … The Township is seeking the benefits of the tax-exempt status of the fee and objecting to the tax burden clearly imposed on non-tax-exempt leaseholds. We are not persuaded by the Township’s arguments.

People v. Baptiste

37 Ill. App. 3d 808 · Appellate Court of Illinois · Apr 5, 1976

This ruling was erroneous and clearly prejudicial to the defendants. In Alford v. United States (1931), 282 U.S. 687 , 75 L. Ed. 624 , 51 S. … The court then pointed out that it was permissible for the defense to bring out that the witness was in jail to show “that his testimony was biased because given under promise or expectation of immunity ° ° ° .” 282 U.S.

Oswald v. Hamer

2018 IL 122203 · Illinois Supreme Court · Feb 5, 2019

The partial dissent concluded that Provena did not qualify for the charitable exemption based on the actual ownership of the property. Id. at 411-12. … The party challenging the validity of a statute has the burden of clearly establishing the alleged constitutional infirmity. Napleton v.

Board of Education v. City of McHenry

71 Ill. App. 3d 904 · Appellate Court of Illinois · May 18, 1979

In fact, it is a well-established concept in Illinois that all property is subject to taxation unless specifically exempted. (See, e.g., Telco Leasing, Inc. v. … But it clearly appears that the license fee in question is not at all a regulatory measure; it was not enacted in the exercise of the City’s “police power.”

G.C. by and through her parent and legal guardian A.C. v. Rock Island-Milan School District No. 41

District Court, C.D. Illinois · Sep 27, 2024

Second, it argues that Defendants are immune under specific provisions of the Local Governmental & Governmental Employees Tort Immunity Act (“Tort Immunity Act”) because the First Amended Complaint does not allege that … and response were “clearly unreasonable under the known circumstances.”

In re Estate of Piton

255 N.E.3d 1005 · Appellate Court of Illinois · Nov 12, 2024

Therefore, they failed to establish that they had a right or 8  interest in the accounts that would qualify them as successors in interest who could bring a … Petitioners failed to establish that they possessed “some personal claim, status, or right” to the accounts that is necessary to establish standing. See Zivin, 2015 IL App (1st) 150606, ¶ 14.

Rudisill v. Flynn

470 F. Supp. 1269 · District Court, N.D. Illinois · May 31, 1979

Voting in local elections and referenda qualifies for constitutional protection. Phoenix v. Kolodziejski, 399 U.S. 204 , 90 S.Ct. 1990 , 26 L.Ed.2d 523 (1969); Kramer v. … The allegations of the complaint sufficiently establish the first requisite to such suits: state or local officials acting pursuant to their duties are acting “under color of state law” for the purposes of the Civil Rights

Mark Twain Illinois Bank v. Clinton County

302 Ill. App. 3d 763 · Appellate Court of Illinois · Jan 28, 1999

On April 17, 1996, plaintiff amended count VI to more clearly allege negligent maintenance. On May 7, 1997, the District filed a summary judgment motion. … The Tort Immunity Act creates no new duties but merely codifies those existing at common law. [Citations.]

Hartwig Transit, Inc. v. Menolascino

113 Ill. App. 3d 165 · Appellate Court of Illinois · Feb 18, 1983

Moreover, the explanation suggested by plaintiff does not support his argument, for it clearly refers to the effect of subordination in general, rather than qualifying the sublessor’s right to require execution of an instrument … Because this right is lost if defendant signs the amendment, that aspect is clearly a modification.

Lappin v. Costello

232 Ill. App. 3d 1033 · Appellate Court of Illinois · Aug 6, 1992

The quantum of evidence necessary to establish probable cause for an arrest, and thus defeat a section 1983 unlawful arrest claim, is a function of information and exigency. … Clearly, the officers properly shut down the business. Plaintiffs’ argument that none of the vendors at the show were arrested is also unpersuasive. Lappin was running the show.