Case law

Cook County Sheriff Sheahan v. Bianchi

296 Ill. App. 3d 310 · Appellate Court of Illinois · Apr 24, 1998

A passing score was established to be a minimum of 57 correct answers. … The sheriff took the position that when an employee was clearly shown not to have been properly certified, that employee could be fired at will, without a hearing. Vanko, 278 Ill. App. 3d at 303 .

Loftus v. Mingo

158 Ill. App. 3d 733 · Appellate Court of Illinois · Jul 16, 1987

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. (Ogle v. … Such individuals do not fit very well into any of the more or less arbitrary categories which the law has established. They are not trespassers, since they are privileged to enter.

Berry v. Severit

District Court, S.D. Illinois · Jun 23, 2020

Now, the Court must determine whether Berry established subject-matter jurisdiction. II. … Berry contends that § 1983 “clearly establish[es] the right to sue anyone who will violate constitutional rights . . . .” (Pl.’s Resp. 2) (emphasis added).

Hights v. International Harvester Co.

675 F. Supp. 418 · District Court, N.D. Illinois · Dec 9, 1987

Hights clearly satisfies the first and fourth elements, but Navistar claims she undisput-edly fails on the second and third. … Both Andrews and Horvath already knew Hights was black, so they clearly were not animated by racial bias when they hired her.

Davis v. Hutchinson

282 Ill. 523 · Illinois Supreme Court · Feb 20, 1918

A provision against the alienation of property after granting a fee violates a long established rule of law. In Little v. … The will so clearly devised a fee simple estate to the adopted daughter and then attempted a restraint upon alienation that the rule as to such restraints being void must be applied and enforced.

Bowers v. Radiological Society of North America, Inc.

57 F. Supp. 2d 594 · District Court, N.D. Illinois · Jul 22, 1999

Opposition clearly includes filing a charge with the EEOC, bringing a lawsuit in court, or submitting a complaint to management. Informal methods of opposition can also constitute protected activity. … Davis is protected by a qualified privilege. See Hamros v.

Turner v. State

12 Ill. Ct. Cl. 265 · Court of Claims of Illinois · Sep 22, 1942

Courts have consistently held that sovereign immunities can be waived only by express legislative action. People vs. Oregon Savings Bank, 357 Ill. 545 . … Knowing the long history of the protection and immunity of a sovereign, if the Legislature intended such immunity should be waived when considering claims against the State, it had only to provide that the doctrine of respondeat

People ex rel. Redman v. Wren

5 Scam. 268 · Illinois Supreme Court · Dec 15, 1843

But no such election has been had, and it is admitted that until the officers are elected and qualified, the county cannot be organized. … These provisions, when taken in connexion with the first section, qualify its operation, and clearly indicate the intention of the legislature, that the existence of Marquette, as a distinct county, should not take place,

Mark Twain Illinois Bank v. Clinton County

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].

People v. O'Neal

2021 IL App (4th) 170682 · Appellate Court of Illinois · Mar 26, 2021

and to qualify him for a life sentence under the habitual criminal statute constituted improper double enhancement. … An exception to this general rule arises where “the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” People v.

Adkins v. Sarah Bush Lincoln Health Center

129 Ill. 2d 497 · Illinois Supreme Court · Sep 20, 1989

Count II sought money damages and a declaration that the defendants’ conduct was not immunized, but was willful and wanton. … Clearly there would be situations in which both would be under consideration at the same time. In reviewing the peer review decision of a public hospital, the court in Ladenheim v. Union County Hospital (1979), 76 Ill.

Stimac v. DEPT. OF TREASURY, BUR. OF ALCOHOL

586 F. Supp. 34 · District Court, N.D. Illinois · Apr 16, 1984

. § 552a(j)(2), qualifies as a withholding statute within the meaning of Exemption 3 of FOIA. … The record thus indicates that the system of records containing the ATF files sought by Stimac clearly meet the first two requirements necessary to qualify under Privacy Exemption (j)(2).

Dokos v. Miller

517 F. Supp. 1039 · District Court, N.D. Illinois · Jun 17, 1981

Whether that impact results from the state’s desire to stem fraud or to “count resources,” 6 the rule clearly contravenes the federal law directive that only actually available resources be considered for eligibility purposes … Recipients of cash benefits under either program have qualified as categorically needy for Medicaid purposes.

In Re Estate of Brooks

32 Ill. 2d 361 · Illinois Supreme Court · Mar 18, 1965

It seems to be" clearly established that the First Amendment of the United States Constitution as extended to the individual States by the Fourteenth Amendment to that constitution, protects the absolute right of every individual … The decisions which have held the conduct complained of immune from proscription involve no such public injury and no danger thereof.

Diefendorf v. City of Peoria

Appellate Court of Illinois · Nov 3, 1999

They argue that the map provides further evidence that bicyclists are permitted, but not intended, because the map establishes routes upon streets, and not upon sidewalks. … Finally, the defendants argue that the lack of markings or physical signs describing the sidewalk as a bicycle route clearly shows Peoria's lack of intent to make it such.

Bradley v. Casey

415 Ill. 576 · Illinois Supreme Court · Sep 24, 1953

A level would be established below which the rate could not descend and still be characterized as ‘prevailing.’ … This amendment then, being vulnerable to the foregoing criticism, is clearly unconstitutional.

Dayan v. McDonald's Corp.

125 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 16, 1984

Clearly, Maycock satisfied Dayan’s request for a French-speaking operations man to run his training program. … To suggest, as plaintiff does, that an opposite conclusion is clearly evident is totally without merit.

Selof v. Island Foods, Inc.

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

was motivated by unlawful considerations, that is, the discharge was in contravention of a clearly mandated public policy ( Fellhauer v. … 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.

Benison v. Silverman

233 Ill. App. 3d 689 · Appellate Court of Illinois · Aug 4, 1992

the court held that the trial court erred in allowing an investigating officer, who had not been disclosed pursuant to Rule 220, to testify as an expert without prior disclosure because the questions posed to the officer clearly … “Once it is established that the witness is licensed to practice within the same school, it is up to the court to determine whether that person has sufficient education, training, and experience to qualify as an expert regarding

Builders Ass'n of Greater Chicago v. City of Chicago

170 F.R.D. 435 · District Court, N.D. Illinois · Oct 7, 1996

Illinois Dep’t of Children & Family Services, 892 F.2d 670 , 674 (7th Cir. 1990) (district court did not abuse its discretion by staying discovery pending resolution of qualified immunity claims); Sprague v. … Given this preliminary showing, the Association appears likely to succeed in establishing standing to proceed with this action.