Case law

People Ex Rel. Heydenreich v. Lyons

374 Ill. 557 · Illinois Supreme Court · Oct 15, 1940

The judiciary will not interfere with such classification when made unless it is clearly unreasonable. Punke v. Village of Elliott, supra. … Section 16 thus mirrors an intention to assure relief to such citizens by discouraging a steady influx of unfortunate transients from other jurisdictions settling in Illinois for the primary purpose of qualifying as future

Village of Glencoe v. Jackson

102 Ill. App. 2d 65 · Appellate Court of Illinois · Oct 30, 1968

It was incumbent upon the defendants to clearly establish that the municipal authorities acted so unreasonably as to overcome the presumption that the ordinance is valid. Village of Millstadt v. … Qualified engineers also testified on behalf of the defendants that the system was adequate.

Reese v. Delitz

District Court, N.D. Illinois · Sep 16, 2024

Qualified Immunity Defendants also argue that they are entitled to qualified immunity. … In § 1983 actions, “[q]ualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Metropolitan Accident Ass'n v. Froiland

161 Ill. 30 · Illinois Supreme Court · Mar 28, 1896

But it is insisted that the qualifying words, “in any way,” have relation to the motive of the insured in taking the poison, and embrace his involuntary as well as his voluntary action in that regard. … It was there held, that in the phrase “self-destruction in any form” the words “in any form” clearly related only to the manner of killing, and that the clause was by no means synonymous in meaning with such clauses as “die

People v. Kevin S.

381 Ill. App. 3d 260 · Appellate Court of Illinois · Apr 2, 2008

We are not to disturb the court’s ruling unless it is against the manifest weight of the evidence or, in other words, the evidence clearly establishes that a contrary result was proper. In re Clark, 246 Ill. … Under the circumstances presented here, we cannot say the court’s decision was clearly erroneous, given that the State submitted a report as well as testimony sufficient to establish by clear and convincing evidence that

People v. 1515 Coolidge Avenue, Aurora, Illinois

Appellate Court of Illinois · Nov 30, 1999

Those affidavits clearly established probable cause connecting the property to illegal drug transactions. Unlike in $1,124,905 U.S. … Additionally, once the privilege was raised, the State offered immunity from prosecution.

Cosmetique, Inc. v. Valueclick, Inc.

753 F. Supp. 2d 716 · District Court, N.D. Illinois · Nov 4, 2010

In actuality, consumers were allegedly required to purchase certain goods offered by Cosmetique in order to qualify for the Gift. … The FTC further alleged that ValueClick’s websites "group[ed] the tiers of offers that qualify the consumer for the promised free merchandise into three categories: Silver, Gold, and Platinum," and that the website indicated

Rivera v. Farrell

538 F. Supp. 291 · District Court, N.D. Illinois · Apr 28, 1982

regulation, custom, or usage of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Court can envision several examples of such a clearly articulated, though unwritten, policy affirmatively undertaken by a municipality.

People v. Scott

2026 IL App (4th) 250192-U · Appellate Court of Illinois · Apr 7, 2026

Moreover, counsel established that Trumbo was “drunk” during both interviews. … “Manifest error is error that is clearly evident, plain, and indisputable.” Id.

Villarreal v. Village of Schaumburg

Appellate Court of Illinois · Oct 19, 2001

It is well established that in order to qualify for the issuance of a writ of mandamus , the following requirements must be met: a plaintiff must show a clear, affirmative right to the requested relief, a clear duty of the … In the context of the Act, the mere fact that plaintiff currently cannot perform the duties of a police officer does not qualify his injury as “catastrophic.” B.

Brookens v. Springfield School District No. 186

Appellate Court of Illinois · Nov 4, 2024

¶ 23 Our supreme court has held that the Act sets up a two-part test to determine which employees may be granted immunity under section 2-201: first, an employee may qualify for immunity if he or she holds either … School District U-46, the Northern District of Illinois federal court held that section 4-102 immunity did not apply because the plaintiff did not allege that the defendants failed to establish a police department or otherwise

Clay 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.

Andruss v. City of Evanston

68 Ill. 2d 215 · Illinois Supreme Court · Oct 5, 1977

Here the General Assembly clearly determined that the State had the exclusive power to regulate the licensing of real estate brokers and salesmen. … or limited the first one, but the intermediate act will be deemed to remain in force and to qualify or modify the new act in the same manner as it did the first.” 17 Ill. 2d 550, 555-56 .

The People v. Mattei

381 Ill. 21 · Illinois Supreme Court · Sep 21, 1942

That he did this is clearly established by the proof. It is not denied by him that the patient described what she alleged as her symptoms, and that in response thereto he gave the treatments. … diagnosticate, an ailment, or supposed ailment, that this -verdict of acquittal under that count is inconsistent with, and repugnant to the verdict finding him guilty under the second and third counts, and constitutes complete immunity

Bremer v. City of Rockford

2016 IL 119889 · Illinois Supreme Court · Jul 13, 2017

the legislature had intended the award of an occupational disease disability pension to satisfy the “catastrophic injury” requirement in section 10(a) of the Benefits Act, it would have expressed that intent clearly … by the line-of-duty disability provision in section 4-110 sufficient to qualify for section 10 benefits.

Gordon v. County of Jackson

231 Ill. App. 3d 1017 · Appellate Court of Illinois · Aug 4, 1992

an order of the circuit court of Jackson County dismissing two counts of negligence against defendant, the County of Jackson, based on the special-duty exception to the Local Governmental and Governmental Employees Tort Immunity … It is well settled that 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 plaintiffs to recover. (Ogle v.

Arts Club of Chicago v. Department of Revenue

Appellate Court of Illinois · Sep 27, 2002

The Department contends, however, that review of the evidence related to the remaining Korzen factors establishes that the Club did not qualify as an institution of public charity. … clearly and convincingly that it was entitled to an exemption.

Holland v. Richter

796 F. Supp. 2d 928 · District Court, C.D. Illinois · Jun 17, 2011

Defendants point out that Illinois law is not quite that clear, so they are entitled to qualified immunity. … The second assumption would lead to denial of the *935 Officers’ motion, because the law was sufficiently established that mere argument does not constitute either resistance or obstruction, so no qualified immunity attaches

Sherman v. City of Springfield

111 Ill. App. 2d 391 · Appellate Court of Illinois · Aug 12, 1969

The instruction clearly misstates the law. … Jenkins was first qualified as an engineer who had numerous years of experience in and about the laying of water pipe and pressure pipe.

People v. Taylor

227 N.E.3d 636 · Appellate Court of Illinois · Jul 21, 2023

“However, an exception to the prohibition against double enhancement occurs where the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” … sentencing is also used to establish an element of the present offense.