Case law

Johnson v. Dye

District Court, S.D. Illinois · Sep 29, 2023

Qualified immunity shields government officials who are performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Johnson contends that Defendants cannot be shielded by qualified immunity as he has clearly established that his First and Fifth Amendment rights were implicated. (Doc. 170, p. 33).

People v. Martin

161 Ill. App. 3d 472 · Appellate Court of Illinois · Oct 15, 1987

However, if the person submits to a blood test at the request of a law enforcement officer, only a physician authorized to practice medicine, a registered nurse, or other qualified person approved by the Department of Public … The statute clearly contemplates that the arresting officer filing the sworn report may not be the party administering the alcohol concentration test.

Parker v. Wright

262 Ill. App. 3d 661 · Appellate Court of Illinois · Jun 10, 1994

Clearly this patient is unable to work at this time in any gainful way and any implication to the opposite is deeply regretted.” … Even if Parker’s condition qualifies as hypoparathyroidism, the evidence does not establish that she suffers from severe recurrent tetany or generalized convulsions or lenticular cataracts.

People v. Valdez

67 N.E.3d 233 · Illinois Supreme Court · Sep 22, 2016

This advice was clearly incorrect, according to the Supreme Court. In fact, Padilla’s drug conviction subjected him to mandatory deportation from the country. … Neither the Immigration and Nationality Act 1 The appellate court held defendant’s conviction did not qualify as an aggravated felony under the federal immigration statutes because defendant

Carroccia v. Anderson

249 F. Supp. 2d 1016 · District Court, N.D. Illinois · Mar 11, 2003

Defendants are clearly on notice that they are charged with conspiracy to provide prosecutors with false and misleading evidence of Carroccia’s guilt. This is adequate under federal pleading standards. … They point out that police officers are immune from civil claims of conspiracy to present false testimony. House v. Belford, 956 F.2d 711 (7th Cir.1992).

People v. Gooding

21 Ill. App. 3d 1064 · Appellate Court of Illinois · Sep 5, 1974

This section clearly places the burden on the prosecutor to seek a speedy disposition of all charges pending against defendant who is in custody. … Even if probable cause is not established at the hearing, the prosecutor can still seek an indictment against a defendant.

Tay v. Baldwin

District Court, S.D. Illinois · May 1, 2020

To state a failure to accommodate claim, a plaintiff must establish that: (1) she is a qualified individual with a disability; (2) the defendants were aware of her disability; and (3) the defendants failed to reasonably … Defendant bears the burden of establishing that the transferee forum is “clearly more convenient.” Coffey v. Van Dorn Iron Works, 796 F.2d 217, 220 (7th Cir.1986).

People v. Robert K.

336 Ill. App. 3d 867 · Appellate Court of Illinois · Feb 21, 2003

In his appellate brief, respondent acknowledges that the statute clearly requires all minors adjudicated delinquent of certain qualifying offenses to provide blood samples for DNA profiling. … As already noted, the juvenile court systems are creations of the legislature, and the legislature has the authority to establish the procedures governing such systems. See P.H., 145 Ill. 2d at 233 .

Niles Township High School District 219 v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Dec 17, 2007

and in the performance of his/her other professional duties using [established criteria]. … Article V established procedural requirements for maintaining teachers’ personnel files requiring that each file include all documents related to the teachers’ performance.

Lisle, Jr. v. Butler

District Court, S.D. Illinois · Mar 18, 2020

2) whether the right at issue was clearly established at the time of the alleged misconduct. … “The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

People v. Hunley

Appellate Court of Illinois · May 1, 2000

The degree of knowledge or experience necessary to qualify the witness as an expert depends on the complexity of the subject matter and the likelihood of error if the witness is not properly qualified. … To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted. People v. Rogers , 81 Ill. 2d 571 (1980).

Pontiac Lodge No. 294 v. Department of Revenue

243 Ill. App. 3d 186 · Appellate Court of Illinois · Mar 30, 1993

Pursuant to section 19.7 of the Revenue Act the taxpayer must establish, in order to qualify for a charitable property tax exemption, that the property is owned by a charitable organization and is exclusively used for charitable … The testimony before the Administrative Law Judge in this case, clearly establishes that charity is not a ‘incidental purpose’ of the Pontiac Masonic Temple, but rather a primary focus.

People v. Cole

170 Ill. App. 3d 912 · Appellate Court of Illinois · Apr 22, 1988

Edward Rudzitis was qualified as an expert to testify in rebuttal on behalf of defendant. … The record discloses that that which was sought to be established through Sigler as a witness was ultimately established by a stipulation offered by the defense.

Olin Industries, Inc. v. Barnett

64 F. Supp. 722 · District Court, S.D. Illinois · Jan 24, 1946

The pleaded and admitted facts clearly show that plaintiff’s greatly expanded operations from 1939 on were due entirely to the immense demand for war materials and were in no sense due to any natural increase in volume of … We should not lightly attribute to Congress the intention of overthrowing and disrupting this relationship-in the absence of language clearly evidencing such intent. The Act itself recognizes, the principle.

People v. Lang

106 Ill. App. 3d 808 · Appellate Court of Illinois · May 17, 1982

Clearly there was an absence of time to fabricate in the instant case. As indicated, the statements were made within minutes of the victim’s being shot and were in fact made while the victim was being threatened. … The defense tried to establish that the victim and the defendant were a happily married couple who had been to a family gathering on the night in question.

Hollenbeck v. State

6 Ill. Ct. Cl. 330 · Court of Claims of Illinois · Nov 7, 1929

The natural and ordinary meaning of the words is to be accepted except where a word is used the meaning whereof is established by statute or by judicial construction. … The word “aid,” employed in the body of the sentence, has no such established meaning, or any technical meaning different from that given it by the lexicographers as the meaning thereof as understood generally among men.

Lando v. City of Chicago

128 Ill. App. 3d 597 · Appellate Court of Illinois · Oct 30, 1984

The trial court found that plaintiff’s notice to the city failed to comply with the notice provisions of the Local Government and Governmental Employees Tort Immunity Act (Act) (Ill. Rev. … However, it was established that within one week of the accident Mounce had telephoned two aldermen and the mayor, informing them of the details of her accident and the name of the treating hospital.

Parks v. Libby-Owens-Ford Glass Co.

360 Ill. 130 · Illinois Supreme Court · Apr 17, 1935

The word “poisonous” clearly modifies and restricts the meaning not only of the word “chemicals” but also the words “minerals” and “other substances.” … The General Assembly has failed to establish a standard or rule of action. The section is therefore void.

Wright v. Gurnee Park District

2025 IL App (2d) 240687-U · Appellate Court of Illinois · Sep 16, 2025

under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … It is plain from the photos that there was an area of higher grass clearly visible.

Doud v. Guthrie

13 Ill. App. 653 · Appellate Court of Illinois · Nov 16, 1883

But if the question is to be regarded as calling for the mere opinion of the witness, we think, under the facts shown, he was qualified to testify as an expert. … Ho clearly defined line can be drawn between the two classes of cases in which expert testimony is, or is not, admissible.