Case law

Moore v. Moyle

405 Ill. 555 · Illinois Supreme Court · Mar 22, 1950

The decisions in the Parks and the Chicago Lying-In Hospital cases clearly extend the immunity to all funds held in trust for the charitable purposes of the charity, but in no case has the question of whether nontrust funds … Appellee cites many cases from other jurisdictions to support its contention that* the procuring of liability insurance or the existence of nontrust fund assets does not waive or qualify the immunity of a charitable corporation

Johnson v. Halloran

312 Ill. App. 3d 695 · Appellate Court of Illinois · Jan 13, 2000

These results established that Johnson could not have been the sole donor of the foreign body fluids found on the person or clothing of the victim. … Plaintiff has alleged that defendants breached their duty to use the skill and care ordinarily used by a reasonably well-qualified attorney under similar circumstances.

Vasquez Gonzalez v. Union Health Service, Inc.

2018 IL 123025 · Illinois Supreme Court · Jun 14, 2019

(West 2016)) for “the purpose of establishing and operating a voluntary health services plan and providing other medically related services” (id. § 2(a)). … Plaintiff asserts, for example, that UHS is the only remaining entity that remains eligible to claim the immunity, while UHS argues that two additional entities also still qualify.

McNamara v. City of Chicago

867 F. Supp. 739 · District Court, N.D. Illinois · Nov 2, 1994

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no “clearly established statutory or constitutional rights of which a reasonable … The individual defendants here are clearly entitled to qualified immunity. No court has held that affirmative action is per se unconstitutional.

Grady v. Board of Trustees of Northern Illinois University

78 F. Supp. 3d 768 · District Court, N.D. Illinois · Jan 16, 2015

Qualified immunity insulates state actors from civil lawsuits “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Sullivan v. … First, there is nothing to suggest that the Grievance Committee Defendants are in need of any protection beyond qualified immunity to insulate them from harassment or intimidation.

Torrence v. Musilek

899 F. Supp. 380 · District Court, N.D. Illinois · Oct 3, 1995

Qualified immunity Defendants also contend that they are immune from damages and suit under the doctrine of qualified immunity. … While the court’s foregoing conclusion disposes of defendants’ motion, the court briefly will address defendants’ qualified immunity argument.

Vickery v. Jones

878 F. Supp. 1179 · District Court, S.D. Illinois · Mar 7, 1995

, the defendants were put in the position of possibly *1186 losing their qualified immunity if they did not change their policy. … As discussed above, the award of qualified immunity precludes an award of damages.

GUTSTEIN v. City of Evanston

402 Ill. App. 3d 610 · Appellate Court of Illinois · Jun 4, 2010

The trial court determined, after hearing all of the evidence presented to the jury, that the City had failed to establish that it qualified for discretionary immunity under the Act. 745 ILCS 10/2 — 201 ( West 2008 ). … The City has the burden of proving that it qualifies for discretionary immunity and the City failed to meet that burden. Van Meter, 207 Ill. 2d at 370 .

Reese v. May

955 F. Supp. 869 · District Court, N.D. Illinois · Nov 20, 1996

immunized from punitive damages liability under § 2-102, and (2) public employees who qualified as public officials under the common law rules were entitled to complete immunity against both compensatory and punitive damages … Clearly, these two causes of action require different showings.

Lavery v. Department of Financial and Professional Regulation

2025 IL 130033 · Illinois Supreme Court · Sep 18, 2025

The General Assembly subsequently established statutory sovereign immunity by enacting the State Lawsuit Immunity Act (745 ILCS 5/0.01 et seq. … As we established above, the Confidentiality Act does not contain an express waiver of statutory sovereign immunity.

Cathy's Tap, Inc. v. Village of Mapleton

65 F. Supp. 2d 874 · District Court, C.D. Illinois · Sep 24, 1999

Government officials enjoy qualified immunity from liability under 42 U.S.C. § 1983 unless their conduct violated “clearly established constitutional rights of which a reasonable person would have known.” Harlow v. … The Court also notes that Cathy’s Tap, which bears to burden of showing that the law was clearly established, has not even addressed Odewalt’s qualified immunity argument.

Jinkins v. Lee

337 Ill. App. 3d 403 · Appellate Court of Illinois · Feb 5, 2003

common law doctrine of public officials’ immunity. … Further, it is well established that public officials’ immunity does not apply to every discretionary act by an official but rather only to those acts which are unique to the particular public office. [Citation.]”

Harrell v. City of Jacksonville

976 F. Supp. 777 · District Court, C.D. Illinois · Sep 5, 1997

Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights … ‘clearly established’ at the time it was taken, id., at 818 [ 102 S.Ct., at 2738 ].”

Hamilton v. Gavin

District Court, N.D. Illinois · Feb 22, 2023

“Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cnty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v. … Qualified immunity protects a government official from liability for actions which do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Unity Ventures v. County of Lake

631 F. Supp. 181 · District Court, N.D. Illinois · Mar 19, 1986

If the law was not clearly established, the public official will be immune. … Therefore, since it finds that the applicable law was and is not clearly established, the Court holds that the village trustees and Mayor Schroeder are entitled to qualified immunity from damages relating to possible violations

Sherman v. Community Consolidated School District 21

714 F. Supp. 932 · District Court, N.D. Illinois · May 12, 1989

Qualified immunity, as an affirmative defense, will be an appropriate ground for dismissal if it “clearly appears on the face of the complaint.” Quiller v. … (en banc), cert. denied, — U.S.-, 109 S.Ct. 497 , 102 L.Ed.2d 534 (1988) (qualified immunity is an affirmative defense). The defendants’ qualified immunity defense does not appear on the face of the complaint.

International Aerobatics Club Chapter 1 v. City of Morris

76 F. Supp. 3d 767 · District Court, N.D. Illinois · Dec 22, 2014

Finally, the individual defendants argue that they are entitled to qualified immunity. 1. … Qualified Immunity The individual defendants also maintain that they are entitled to qualified immunity.

Awalt v. Marketti

74 F. Supp. 3d 909 · District Court, N.D. Illinois · Nov 24, 2014

A “plaintiff seeking to defeat a defense of qualified immunity must establish two things: first, that she has alleged a deprivation of a constitutional right; and second, that the right in question was ‘clearly established … Qualified Immunity Dr. Cullinan and Nurse Clauson also argue that they are entitled to qualified immunity.

Russell v. Hertz Corp.

139 Ill. App. 3d 11 · Appellate Court of Illinois · Dec 10, 1985

In the present case, plaintiffs failed to establish a sufficient factual basis to support their claim. … The Avis agreement clearly includes a tax on the cost of collision damage waiver.

Thomas v. Ramos

918 F. Supp. 228 · District Court, N.D. Illinois · Feb 21, 1996

Ramos does, however, contend that he is entitled to qualified immunity from suit. As the defendant has offered no challenge to the merits, we address directly the issue of qualified immunity. … “clearly established” at the time the alleged deprivation occurred.