Case law

Sibley v. Dart

District Court, N.D. Illinois · Mar 18, 2020

Qualified Immunity Even if any or all of the foregoing analysis finding no liability on the merits were incorrect, the Defendant Officers would be entitled to qualified immunity … Because Plaintiff has not shown that either such right was clearly established at the time of the alleged violation, and Defendant Officers would be entitled to qualified immunity on Counts I, II, and IV.

The People v. Woodruff

9 Ill. 2d 429 · Illinois Supreme Court · Sep 25, 1956

in the county of Stephenson, did unlawfully, corruptly and feloniously give to one William McHugh, the duly qualified and acting weighmaster of the city of Freeport, a sum of money, good and lawful currency of the United … We have carefully examined the indictment in this case and find that it clearly states the offense in the terms and language of the statute and specifically alleges that the money was given to McHugh, the duly qualified and

Dixon Ass'n for Retarded Citizens v. Thompson

91 Ill. 2d 518 · Illinois Supreme Court · Aug 20, 1982

It is, therefore, incumbent upon the Department to establish procedures for relocating the clients of a closed facility. … In Youngberg, the Supreme Court stated: “[W]e emphasize that courts must show deference to the judgment exercised by a qualified professional.

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.

Meridian Village Association v. Hamer

2014 IL App (5th) 130078 · Appellate Court of Illinois · May 2, 2014

carefully reviewed the record of the proceedings before the Department and conclude that its decision is not clearly erroneous. … Section 15-40 of the Property Tax Code provides that property used exclusively for religious purposes qualifies for an exemption as long as it is not used with a view to profit. 35 ILCS 200/15-40 (West 2006)

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.)

Cantrell

District Court, S.D. Illinois · Jul 17, 2026

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim. Id. § 1915(e)(2)(B)(i) & (ii). … Judge Rosenstengel has absolute immunity against damages for judicial acts. Stump v. Sparkman, 435 U.S. 349, 356–57 (1978).

Wilson v. Board of Education

137 Ill. App. 187 · Appellate Court of Illinois · Nov 11, 1907

Their relation to the sdiool board is that of pupils of the school,without any qualifying distinction. The regulation of the conduct of all the pupils is conserved by the rules. … Whenever such rules are not clearly so unreasonable as to be without the sanction of legal authority, they will be upheld by the courts.

Colbert v. Dora

268 Ill. App. 3d 937 · Appellate Court of Illinois · Dec 14, 1994

This is a power which must necessarily exist somewhere, in every well regulated society, and more especially in a republican government, where each man should be reared and educated under such influences that he may be qualified … However, the evidence clearly shows respondent cannot provide a fit and proper environment in which to parent her two children.

Hagood v. O'CONNER

165 Ill. App. 3d 367 · Appellate Court of Illinois · Jan 27, 1988

A physician licensed to practice in Illinois has been declared by the Illinois legislature to be qualified to practice medicine in all of its branches. … To put it another way, a licensed, physician in Illinois is a legally qualified practitioner in every so-called medical specialty.

Golf Trust of America, L.P. v. Soat

Appellate Court of Illinois · Jan 18, 2005

This testimony clearly shows that the 1999 reassessment was done to revise and correct the general reassessment that had not been completed by the township assessor. … We answer this question in the affirmative, and we conclude that there was insufficient evidence to clearly and convincingly establish a violation of equal protection in the valuation of objectors' property.

Selof v. Island Foods, Inc.

251 Ill. App. 3d 675 · Appellate Court of Illinois · Nov 5, 1993

App. 3d 637, 643 (right to file personal injury lawsuit was a purely personal right not involving clearly mandated public policy).) … It is possible that under qualifying circumstances a recovering alcoholic or substance abuser may conceivably have a statutory cause of action based on disability or handicap under State (see, e.g., Habinka v.

People v. Steele

231 Ill. 340 · Illinois Supreme Court · Dec 17, 1907

No' ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.” … But a railroad company has a franchise from the State, and the manner in which its business as a carrier shall be conducted is clearly under the control of the legislature.

Green v. Carlinville Community Unit School District No. 1

381 Ill. App. 3d 207 · Appellate Court of Illinois · Mar 28, 2008

Thus, we cannot determine whether the District would have immunity under the Tort Immunity Act. … To establish this claim of direct negligence, plaintiffs do not have to show that the attack was committed within the scope of employment.

County of Du Page v. Illinois Labor Relations Board, State Panel

334 Ill. Dec. 151 · Appellate Court of Illinois · Sep 16, 2009

Thus, our inquiry in FOP was clearly directed at whether the actual activities carried out each day by the bailiffs qualified as “police duties” under the Act. … (Ill.) par. 2024, was clearly erroneous.

People v. Mason

219 Ill. App. 3d 76 · Appellate Court of Illinois · Sep 12, 1991

Such evidence is admissible in cases where the proffered evidence is so clearly connected with the main issue in the case at bar as to tend to prove the accused guilty of the offense charged. (People v. … Such evidence has no relevance when a court decides whether a witness is qualified under section 115 — 14 to testify.

Burnette v. Stroger

329 Ill. Dec. 101 · Appellate Court of Illinois · Mar 30, 2009

Immunity is provided by the Public and Appellate Defender Immunity Act for professional malpractice, other than wilful and wanton misconduct. 745 ILCS 19/5 (West 2006). … The president claims that this provision “does not clearly specify the appropriate mechanism by which an appropriation may be restricted or terminated.”

Young v. Chicago Transit Authority

189 F. Supp. 2d 780 · District Court, N.D. Illinois · Feb 8, 2002

Under the McDonnell Douglas framework, a plaintiff establishes a prima facie case of employment discrimination by showing by a preponderance of evidence that: (1) he is a member of a protected class; (2) he was qualified … As a threshold matter, the Court finds that Plaintiff has not established a prima facie case of discrimination with respect to his promotion claim. 14 The record clearly demonstrates that Plaintiff was not qualified to transition

Harton v. City of Chicago

Appellate Court of Illinois · Nov 12, 1998

He found that Harton had established a prima facie case of discrimination, in response to which the City had articulated a legitimate, nondiscriminatory reason for its actions, namely that a more qualified candidate was selected … purpose of establishing damages.

People v. Goodman

283 Ill. 414 · Illinois Supreme Court · Apr 17, 1918

The foregoing facts are not controverted, and the evidence clearly established beyond any doubt that the parties who burglarized the store and stole the goods were the parties named in the indictment, Kaminsky, Kleiman, Green … He established his good character by a number of witnesses,—bankers, farmers and various other business men.