Case law

People v. Masterson

Illinois Supreme Court · Oct 2, 2003

We note that statutes are presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. In re Curtis B. , 203 Ill. 2d 53, 58 (2002). … Clearly, the justices of the Crane majority did not believe their decision called into question the continued viability of Hendricks.

People v. Holveck

171 Ill. App. 3d 38 · Appellate Court of Illinois · May 20, 1988

The record thus fails to establish that the trial court engaged in the careful balancing of interests and the individualized evaluation of factors required to override the defendant’s qualified sixth amendment right to a … Clearly the court erred in permitting such testimony.

Personal Finance Co. v. Meredith

39 Ill. App. 3d 695 · Appellate Court of Illinois · Jun 23, 1976

Defendants also argue that the fact that Personal Finance regularly purchased “qualified” retail installment contracts from the seller, Tri-State Foods, negates the good faith requirement necessary for Personal Finance to … Clearly, waiver of defense clauses are not unconscionable per se, being permitted by the Uniform Commercial Code, the Retail Installment Sales Act and Illinois case law. (Ill. Rev.

Wilson v. IDOC

District Court, S.D. Illinois · Sep 27, 2022

Qualified Immunity Simply put, Defendants are not entitled to qualified immunity. … “Generally, qualified immunity protects government agents from liability when their actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

People v. Jacobs

405 Ill. App. 3d 210 · Appellate Court of Illinois · Nov 1, 2010

not for the purpose of establishing or proving some fact at trial — they are not testimonial.” … Instead, the certification does nothing more than establish the machine had been tested and was working properly.

People v. Brown

2024 IL 129585 · Illinois Supreme Court · Nov 14, 2024

¶ 75 Spears is clearly irreconcilable with this court’s established precedent, and I agree with the majority that it should be overruled. Supra ¶ 42. … Rather, it is an argument that asks this court to upend established case law regarding when a judgment becomes final.

Kinney v. People

108 Ill. 519 · Illinois Supreme Court · Jan 23, 1884

In that case the rule which had been established in Campbell v. … Under the evidence in this case we are of opinion that the modification was clearly within the rule announced in Adams v. The People, 47 Ill. 378 .

People v. Blanks

361 Ill. App. 3d 400 · Appellate Court of Illinois · Sep 30, 2005

“A lesser-included offense” is defined as an offense that “ ‘[i]s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission … Defendant next asserts that the burglary indictment gave him no notice that he qualified for sentencing as a Class X offender or qualified for an extended term.

The People v. Kelly

357 Ill. 408 · Illinois Supreme Court · Aug 23, 1934

The fact that none of the qualified electors residing within that portion of the Calumet district outside the city of Chicago voted or attempted to vote is of no legal consequence. … were supplied in each of the election precincts outside the district where qualified electors might have voted.

People v. Wilson

64 Ill. 195 · Illinois Supreme Court · Sep 15, 1872

The only legal justification sought to be established by the returns, is the disavowal of a bad intent and matter of law arising upon the face of the whole proceedings. … Because the sum of fourteen hundred dollars is enough nowadays to purchase immunity from the consequences of any crime.”

Free Home Building, Loan & Homestead Ass'n v. Edwards

124 Ill. App. 191 · Appellate Court of Illinois · Jan 4, 1906

It is clearly apparent that if this attempt upon the part of the Association to comply with the statute is ineffectual, then the defense of usury is sustained and the decree of the court below is correct. … For many years after the passage of the original act the only way the priority of loans could be established and a contract be made which escaped the usury laws if more than the statutory rate of interest was exacted, was

Smith v. Groover

468 F. Supp. 105 · District Court, N.D. Illinois · Feb 22, 1979

The amended Act established a scheme for regulating trading in agricultural commodities futures based chiefly on the concept of self-regulation. … The court acknowledged that the related claims of cornering and price manipulation clearly fell within the jurisdiction of the Commission. The second Ricci condition, therefore, had been satisfied.

Maas v. United States

897 F. Supp. 1098 · District Court, N.D. Illinois · Aug 23, 1995

FERES DOCTRINE The FTCA acts as a broad waiver of sovereign immunity. … Courts cannot be considered qualified to evaluate such a decision and any attempt to do so is likely to interfere with important governmental activities.

Colon v. Noradin

District Court, N.D. Illinois · Dec 20, 2024

Judicial immunity Judicial immunity "confers complete immunity from suit, not just a mere defense to liability." Dawson v. … For example, the Seventh Circuit and Supreme Court have said, promulgation of "rules of professional conduct, enforcement of those rules, and personnel decisions" qualify as non-judicial acts. Id.

Edwards v. Board of Education of Diamond Lake School District No. 76

84 Ill. App. 3d 374 · Appellate Court of Illinois · May 23, 1980

The testimony clearly showed that after the initial contract of 1973-74, the same arrangement as indicated therein was continued for 1974-75 and 1975-76. … This indicates clearly that Mrs. Lehmann was not a full-time employee of Diamond Lake School for the contemplated 1974-75 school year. Moreover, while Mrs.

Hill v. Harding

93 Ill. 77 · Illinois Supreme Court · Sep 15, 1879

These provisions of the act of Congress should be considered together, in the light of the general objects and purposes of the National legislature in establishing a general bankrupt system, and should be so construed as … The effect of the assignment upon the class of attachments expressly mentioned is clearly and specifically declared. The assignment ipso facto dissolves such attachments.

Lopez v. Board of Trustees of University of Illinois

344 F. Supp. 2d 611 · District Court, N.D. Illinois · Nov 12, 2004

He has clearly read widely and is thus able to bring relevant comparative literatures to bear on these issues. … Because the Court concludes that the facts do not establish a First Amendment violation and that Professor Lopez cannot bring a due process claim, the Court need not consider the individual defendants’ qualified immunity

Ludovicus v. Cappelluti

District Court, N.D. Illinois · Mar 26, 2025

Even if the Court were to assume a constitutional right was violated, Defendants would be entitled to qualified immunity on Count IV because the constitutional right was not clearly established. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Thomas v. Ahmed

District Court, S.D. Illinois · Mar 14, 2023

Qualified Immunity The doctrine of qualified immunity protects governmental officials from liability for civil damages insofar as their conduct does not violate clearly … One component of the court’s qualified immunity analysis is whether there was a constitutional violation. Id.

Bonhomme v. St. James

407 Ill. App. 3d 1080 · Appellate Court of Illinois · Mar 10, 2011

She also contracted a recurring infection known as MESA (multidrug resistant staphylococcus aureus) because her immune system was so weakened. … Clearly, these are economic losses alleged to have resulted from defendant’s misrepresentations.