Case law

Higgins v. Houseman

District Court, S.D. Illinois · Jun 28, 2024

A court can deny a qualified plaintiff leave to file IFP or can dismiss a case if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 … The Court further finds that Plaintiff has sufficiently established his indigence.

Miller v. Craig

16 Ill. App. 133 · Appellate Court of Illinois · Feb 5, 1885

its face did not establish, the payment of the note prima faoie. … Besides, if it were clearly established that the claim was barred at the time the $900 and $1,700 items were paid by W. E.

Lawhead v. Ceridian Corp.

463 F. Supp. 2d 856 · District Court, N.D. Illinois · Nov 28, 2006

First, a failure-to-hire plaintiff must establish the following elements of the prima facie case: (1) he was a member of a the protected age group (forty or older); (2) he applied for and was qualified for the position; ( … To establish the second element of the prima facie case under the indirect method, a plaintiff must prove that he was qualified for the position.

Daugherty v. Carnine

261 Ill. 366 · Illinois Supreme Court · Dec 17, 1913

Carnine was declared duly elected to the office of commissioner of highways, and he thereafter qualified and entered upon the duties of his office. On April 10 George A. Daugherty, W. I. Martin and J. B. … An unsworn answer filed where one under oath is required may be stricken from the files on motion, and this is well established chancery practice. (Daniell’s Ch. Pl. — 5th Am. ed. — 784; 1 Ency. of Pl. & Pr. 892.)

People v. Tilden

26 Ill. App. 3d 447 · Appellate Court of Illinois · Sep 11, 1974

Based on this record, we hold that the defendant failed to make out a prima facie case that the stop was unreasonable, and that the officer’s testimony was clearly sufficient to establish a proper purpose for the stop and … We feel the record adequately establishes that this standard was met.

Democratic Nat'l Comm. v. Russian Fed'n

392 F. Supp. 3d 410 · District Court, S.D. Illinois · Jul 30, 2019

Therefore, the DNC has not established closed-ended continuity. 30 2. … Hacking a computer network may qualify as trespass to chattels. Id. A "computer network" may qualify as a chattel because "computers ... are tangible personal property." Id.

Allen v. Butler

District Court, S.D. Illinois · Mar 31, 2023

IDOC Defendants Qualified Immunity Defendants’ final argument is that they are entitled to qualified immunity. (Doc. 113, p. 10-11). … Government officials performing discretionary functions generally are shielded from liability for civil damages under qualified immunity if their conduct does not violate clearly established statutory or constitutional

People Ex Rel. Webb v. Babb

5 Ill. 2d 35 · Illinois Supreme Court · Dec 20, 1954

The Illinois courts have followed the precedent established by the Supreme Court of the United States in Munsey v. … If the alibi evidence were deemed insufficient to warrant a discharge in the Bell case, clearly the evidence herein, where rebuttal testimony was presented, was even less conclusive.

Lipman v. Board of Review

123 Ill. App. 3d 176 · Appellate Court of Illinois · Mar 30, 1984

We believe that the Board’s interpretation of Regulation 17F is clearly erroneous. … Even apart from the fact that virtually no one could qualify under the Board’s interpretation since, as counsel for the Board admitted at oral argument, most people are aware of the Act, the Board’s interpretation is too

Calhoun v. Colvin

959 F. Supp. 2d 1069 · District Court, N.D. Illinois · Aug 12, 2013

There is no discussion at all of Calhoun’s neck wound, and no specific mention of what listing the wound could potentially meet or of the interaction between that wound and the other impairments that it clearly exacerbated … independently considered] the criteria of the pertinent physical listings (including the listings for the musculoskeletal, respiratory, cardiovascular, digestive, genitourinary, hemic and lymphatic, endocrine, neurological, immune

Zepeda

District Court, S.D. Illinois · Aug 24, 2026

Qualified Immunity Cunningham also moved for summary judgment based on qualified immunity. … Generally, government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory

Golbert v. Roberts

District Court, N.D. Illinois · Mar 28, 2018

Qualified Immunity “Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established … “[T]wo questions are pertinent to the defense of qualified immunity: whether the facts alleged show that the state actor violated a constitutional right, and whether that right was clearly established.” Hanes v.

People v. Hardt

329 Ill. App. 153 · Appellate Court of Illinois · May 29, 1946

Even a possession unlawful as against the person claiming title, but lawful as against the burglar, will suffice. ’ ’ ’ It is well to call attention to certain established rules relative to the construction of indictments … The offense charged in count 2 of the indictment in the instant case was clearly defined and described.

Linder v. Potier

409 Ill. 407 · Illinois Supreme Court · May 24, 1951

Morris she could not come to live with her until she had qualified for a pension, which would not accrue until sometime in the future. … Appellant urges that she has established a contract.

Carter v. Azaran

Appellate Court of Illinois · Jul 22, 2002

Defendant argues that the questions posed, in conjunction with the stipulated medical records, clearly demonstrate that the purpose of the questioning was to establish that, even after receiving adequate treatment of his … Because defendant failed to lay a foundation establishing either that Dr.

In Re Marriage of Hillinger

146 Ill. App. 3d 549 · Appellate Court of Illinois · May 1, 1986

B Clearly, the question becomes one of determining when exactly the final order was entered in this case. … Clearly, Gwendolyn’s motion does not specify any of the first four forms of relief enumerated in the statute.

Doe v. Northwestern University

289 Ill. App. 3d 39 · Appellate Court of Illinois · Jun 17, 1997

For all of these counts, we assume that plaintiffs have adequately alleged facts establishing defendants’ duties to plaintiffs and showing that defendants breached those duties. … As the court said in Vallery, 630 So. 2d at 867 : "To recognize a cause of action *** when the presence of HIV is not shown (or, at the pleading stage, alleged), is clearly unsound.

Calomino v. Board of Fire & Police Commissioners

273 Ill. App. 3d 494 · Appellate Court of Illinois · Jun 21, 1995

Plaintiff next contends that the evidence fails to establish that his actions on July 12, 1990, violated any departmental rules or otherwise constitute cause for discharge. … Although this reluctance does not rise to the level of absolute immunity, laches does not apply to the exercise of governmental powers except under compelling circumstances.

Department of Health Care and Family Services v. Cortez

367 Ill. Dec. 374 · Appellate Court of Illinois · Dec 7, 2012

However, unless a dismissal for lack of jurisdiction is otherwise qualified, it is without prejudice (Sherrod v. Ramaswamy, 314 Ill. … Clearly, the trial court’s order regarding custody in this case was not a “custody judgment” under Rule 304(b)(6).

City of Chicago v. Air Auto Leasing Co.

297 Ill. App. 3d 873 · Appellate Court of Illinois · Jun 29, 1998

Regardless, an exception made for transfers in the ordinary course of business would be contrary to the purpose of the citation process since service of a citation to discover assets is clearly designed to ascertain and freeze … Thus, he cannot invoke the protection afforded to corporate officers by the qualified privilege.