Case law

Samuelson v. Cook County Officers Electoral Board

2012 IL App (1st) 120581 · Appellate Court of Illinois · Apr 27, 2012

We disagree. ¶ 35 We note that we may only reverse the Board’s decision to apply the substantial compliance standard if it is clearly erroneous. … App. 3d 900, 902 (1982). ¶ 37 Here, the record clearly indicates that Brewer did not “completely ignore” any provisions of the Election Code.

Ford Motor Co. v. Chicago Department of Revenue

2014 IL App (1st) 130597 · Appellate Court of Illinois · Aug 29, 2014

The ordinance plainly and clearly specifies that the tax is triggered by dispensing fuel into a vehicle’s fuel tank, which Ford Motor Company routinely and repeatedly did. … Ford Motor Company was not entitled to the first exemption it claimed. ¶ 17 Similarly, in order to qualify for the third exemption, Ford Motor Company would have to establish that (1) it did not “use” the vehicle

Williams v. Anderson

288 Ill. App. 149 · Appellate Court of Illinois · Nov 30, 1936

The trust in its terms must be clearly established. Trubey v. Pease, 240 Ill. 513 ; Banning v. Patterson, 363 Ill. 464 ; Williams v. Chamberlain, 165 Ill. 210 . … Williams, administration was begun upon bis estate in the probate court, an administrator was appointed and qualified, and Anderson turned over to the administrator all the property of Mr.

In re Estate of Poole

Appellate Court of Illinois · Apr 3, 2002

By statutory design, if the mother can qualify as an eligible parent, a biological father could also qualify, despite the fact that he is not married to the mother. … In addition, he could establish a relationship with the child's mother and support the child by supporting the mother. In this case, it appears that Randy could qualify as an eligible parent.

Quinn v. Wexford Health Sources Inc.

District Court, N.D. Illinois · Mar 7, 2018

Qualified Immunity Defendants further contend that they are entitled to qualified immunity with regard to Quinn’s deliberate indifference claims against Obaisi. … “[Q]ualified immunity shields an official from liability for civil damages, provided that the illegality of the official’s conduct was not clearly established at the time he acted.”

Crowley v. The Board of Education of the City of Chicago

2014 IL App (1st) 130727 · Appellate Court of Illinois · May 19, 2014

That presumption was clearly overcome by the evidence. … App. 3d 339 (2002) (upholding residency requirement against privileges and immunities challenge).

Brown v. Illinois State Police

2020 IL App (3d) 180409 · Appellate Court of Illinois · Jun 8, 2020

In addition to establishing many of the facts set forth above, the evidence presented at the hearing can be summarized as follows. … The crime of which Brown was convicted in California in 2001 clearly qualifies as a misdemeanor crime of domestic violence. See 18 U.S.C. § 921(a)(33)(A) (2012); Heitmann, 2017 IL App (3d) 160527, ¶ 18.

Madison v. The City of Chicago

2017 IL App (1st) 160195 · Appellate Court of Illinois · Jun 26, 2017

together, making no distinction between the first sentence of section 2-101 and the second sentence that lists specific types of claims; our supreme court viewed the claim before it as “excluded” from the Act and did not qualify … To - 11 - No. 1-16-0195 accomplish this, the 2003 amendment used the identical language used in section 13-212(a) of the Code, establishing a two-year limitations period

Latham v. Board of Education

31 Ill. 2d 178 · Illinois Supreme Court · Jul 3, 1964

considering the validity of a legislative classification there is always a presumption that the General Assembly acted • conscientiously, and this court will not interfere with its judgment except where the classification is clearly … When referring to legislation the term ‘local’ means laws relating to a portion, only, of the territory of the State, and the term ‘special,’ laws which impose a particular burden or confer a special right, privilege or immunity

Byrd v. Hamer

408 Ill. App. 3d 467 · Appellate Court of Illinois · Jan 28, 2011

Illinois State Board of Elections, 232 Ill. 2d 231, 243-44 (2009) (“An agency’s application of a rule of law to established facts is a mixed question of law and fact and will not be reversed unless it is deemed ‘clearly … “The party challenging a statute carries the burden of rebutting that presumption and ‘clearly establishing’ its unconstitutionality.” Id. (quoting Russell v.

Van Campen v. International Business Machines Corp.

Appellate Court of Illinois · Dec 13, 2001

Since 1989, Van Campen has suffered from an immune deficiency which caused him to be more susceptible to, and ill from, minor illnesses. … We find that the Commission's holdings that Van Campen was not handicapped under the Act and that he failed to make a prima facie case of handicap discrimination were not clearly erroneous.

Glass v. Village of Maywood

District Court, N.D. Illinois · Aug 30, 2024

Qualified Immunity Defendants argue that the Defendant Officers are entitled to qualified immunity for Plaintiff’s Section 1983 claims. … “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

Kazmi v. Department of Financial and Professional Regulation

2014 IL App (1st) 130959 · Appellate Court of Illinois · Nov 17, 2014

or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” … Citrano is further distinguishable because the appellant in that case was, in fact, qualified to obtain a barber’s license, while Dr. Kazmi was not qualified to obtain a medical license. In fact, Dr.

Mount Calvary Baptist Church v. Zehnder

Appellate Court of Illinois · Dec 31, 1998

The ALJ reasoned that "although applicant clearly intended to use the church for religious purposes, such intent, standing alone, does not establish that the church was in fact in exempt use under current Illinois law." … Nevertheless, in order to qualify for exemption, a property must in fact be used for a religious purpose, however that purpose is defined. Skil Corp. v.

Weber v. Village of Hanover Park

768 F. Supp. 630 · District Court, N.D. Illinois · Jun 12, 1991

Robert contests the existence of a qualified privilege here. … Such abuse can be established by a showing that the defendant made the allegedly defamatory statement with actual malice.

Brumley v. Federal Barge Lines, Inc.

78 Ill. App. 3d 799 · Appellate Court of Illinois · Nov 14, 1979

In addition, we note that Captain Zimmer merely testified that a well-qualified river pilot could continue to find work beyond his 65th birthday. … The court concluded: “In our view the likelihood of misuse by the jury clearly outweighs the value of this evidence.

Jones v. Metropolitan Water Reclamation District

District Court, N.D. Illinois · Mar 27, 2018

Berry’s Qualified Immunity Defense Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … The plaintiff must “plead facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established.’”

Murphy v. Baldwin

District Court, S.D. Illinois · Mar 23, 2021

Page 7 of 10 Porter is not entitled to qualified immunity as it was clearly established at the time of the events in question that applying force in a manner inconsistent with maintaining … Mitchell is not entitled to qualified immunity on this claim as it was clearly established at the time of the events in question that the failure to act when force is being applied in a manner inconsistent with maintaining

Konicki v. Village of Hinsdale

100 Ill. App. 3d 560 · Appellate Court of Illinois · Sep 30, 1981

And, as neither party has raised an issue of whether the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … The cases upon which Konicki relies are clearly distinguishable in that they involved the creation of defective conditions on land with respect to the direction and management of vehicular traffic.

Kenney v. Supreme Lodge of the World, Loyal Order of Moose

285 Ill. 188 · Illinois Supreme Court · Oct 21, 1918

provisions contained in the statute did not contravene the full faith and credit clause of the Federal constitution or the provision of the Federal constitution entitling the citizens of each State to all the privileges and immunities … These cases clearly distinguish between a defense which is directed to the jurisdiction of the court in which suit is brought on a judgment and a defense which goes to the merits of the original action.