Case law

Salaita v. Kennedy

118 F. Supp. 3d 1068 · District Court, N.D. Illinois · Aug 6, 2015

Qualified Immunity Lastly, the University argues that the individual Defendants are all entitled to qualified immunity to the extent that they are sued in their individual capacities. … “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 person

West Bend Mutual Insurance Co. v. Community Unit School District 300

456 Ill. Dec. 298 · Appellate Court of Illinois · Nov 12, 2021

Thus, they clearly intended to treat these types of insureds differently. … Nonetheless, the district would be immune from a negligence suit pursuant to the Tort Immunity Act.

Patterson v. Illinois, Department of Corrections

35 F. Supp. 2d 1103 · District Court, C.D. Illinois · Jan 26, 1999

The issue in this case clearly presents this tension. … Accordingly, the Court SUMMARILY HOLDS: (1) Defendants are not immune from suit under the Eleventh Amendment; (2) Defendants are not entitled to qualified immunity; (3) Odie Washington is not a proper defendant under either

Beaman v. Souk

7 F. Supp. 3d 805 · District Court, C.D. Illinois · Jan 3, 2014

the basis of qualified immunity. … Thus, because it was not clearly established that polygraph reports would have to be disclosed under Brady at the time of Defendant Warner’s alleged conduct, he is entitled to qualified immunity on this claim.

Collins v. Board of Education of North Chicago Community Unit School District 187

792 F. Supp. 2d 992 · District Court, N.D. Illinois · May 31, 2011

Tort Immunity Act Defendants argue that all of Plaintiffs state law claims are barred by the Illinois Local Governmental and Governmental Employees Tort Immunity Act (the “Tort Immunity Act” or the “Act”), 745 ILCS 10/1-101 … Thus, to the extent Plaintiffs amended complaint sounds in tort, the Tort Immunity Act grants Defendants immunity. Count IV for defamation per quod clearly sounds in tort and is dismissed with prejudice.

Walton v. Lyons

962 F. Supp. 126 · District Court, C.D. Illinois · Apr 28, 1997

Although the mistake was unfortunate, neither state stab utes nor case law clearly establishes a duty on the part of the State’s Attorney to correct such police records. See 55 ILCS 5/3-9005. … Therefore, the defendant is entitled to qualified immunity on that claim. Finally, the plaintiff has no cause of action against the State’s Attorney for failing to prosecute the bar bouncer.

Caine v. Burge

897 F. Supp. 2d 714 · District Court, N.D. Illinois · Sep 14, 2012

The court further found that the prosecutor was not entitled to qualified immunity for alleged pretrial activities because, if proven, the plaintiffs’ asserted claims constitute a violation of a clearly established constitutional … established due process rights.”

West v. Kirkham

147 Ill. 2d 1 · Illinois Supreme Court · Jan 30, 1992

Rather, section 3 — 104 clearly and unequivocally states that the municipality is immune from all liability arising out of the failure to provide a particular traffic control device. … The legislature thus clearly intended to enlarge the scope of section 3 — 104’s immunity and to immunize absolutely the failure to initially provide a traffic control device, even where such failure might “endanger the safe

Hadley v. Department of Corrections

362 Ill. App. 3d 680 · Appellate Court of Illinois · Dec 13, 2005

Thus, sovereign immunity bars lawsuits by a private citizen against the State in state court unless the legislature has waived the immunity. People ex rel. Manning v. … App. 3d 675, 682-83 , 695 N.E.2d 566, 571 (1998)), we ask whether plaintiff has pleaded facts establishing that he has a certain and clearly ascertainable right needing protection (see Local 1894 v. Holsapple, 201 Ill.

Big Bear Cartage, Inc. v. Air Cargo, Inc.

419 F. Supp. 982 · District Court, N.D. Illinois · Aug 9, 1976

In short, the service contracts are authorized by an agreement to which an air carrier is a signatory, and qualify for the § 1384 immunity. … Plaintiff does not dispute that Agreement No. 1041, as an agreement among air carriers, qualifies for the § 1384 immunity.

Trotter v. School Dist. 218

Appellate Court of Illinois · Jun 30, 2000

Janssen then found Nathaniel qualified to swim in the deep end of the pool and use the diving board during free swim. … Therefore, because of their status as volunteers, both Styx and Krastin qualify as public employees.

Zielinski v. Schmalbeck

207 Ill. Dec. 89 · Appellate Court of Illinois · Feb 17, 1995

Even if absolute immunity were not to apply, he would be entitled to qualified immunity as the rights plaintiff claims were violated are not clearly established in the law. … Absolute immunity must exist.

Stein v. Krislov

2013 IL App (1st) 113806 · Appellate Court of Illinois · Jun 28, 2013

The clear language of the Act establishes that it was not intended to protect those who commit tortious acts and then seek refuge in the immunity conferred by the Act. … ‘If it has relatively less weight from a social point of view, the immunity may be qualified, and conditioned on good motives and reasonable behavior.’ [Citation.]” Edelman, Combs & Latturner v.

VODAK v. City of Chicago

624 F. Supp. 2d 933 · District Court, N.D. Illinois · Feb 27, 2009

Qualified Immunity Defendants first assert that summary judgment should be granted in their favor because qualified immunity protects their actions on the night of the march. … . -, 129 S.Ct. 808, 821-22 , 172 L.Ed.2d 565 (2009). 4 Qualified immunity operates to shield officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly

Davis v. Chicago Housing Authority

176 Ill. App. 3d 976 · Appellate Court of Illinois · Nov 30, 1988

‘Where the spirit and intention of the legislature in adopting the acts are clearly expressed and their objects and purposes are clearly set forth, the courts are not confined to the literal meaning of the words used, when … The legislature clearly expressed its spirit and intention in adopting the Housing Authorities Act and clearly set forth the objects and purposes of the statute.

Hubble v. Bi-State Development Agency of the Illinois-Missouri Metropolitan District

Illinois Supreme Court · Sep 23, 2010

Clearly, Bi-State is a form of “local government body” as referenced in section 1–206 of the Tort Immunity Act. See F. Zimmerman & M. … Clearly, the one-year statute of limitations provided by section 8–101(a) of the Tort Immunity Act furthers or supports Bi- State and does not burden it. 1.

Overstreet v. Myers

75 F. Supp. 2d 858 · District Court, N.D. Illinois · Nov 22, 1999

Such immunity exists insofar as the conduct in question “does not violate clearly established statutory rights of which a reasonable person would know.” Id. … Sergeant Myers is therefore not entitled to qualified immunity. Ms.

Hamilton v. Thezan

710 F. Supp. 220 · District Court, N.D. Illinois · Mar 9, 1989

Qualified Immunity Defendants are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Harlow v. … They are entitled to qualified immunity.

Purvis v. BOARD OF EDUC. OF HALL HIGH SCHOOL DIST.

599 F. Supp. 2d 968 · District Court, C.D. Illinois · Jan 12, 2009

Qualified Immunity Oest, Lunn, and Vicini assert claims of qualified immunity. In Harlow v. … Accordingly, the Court finds that the law was clearly established in this respect, as well, and Defendants are not entitled to qualified immunity on these claims.

Love v. City of Chi.

363 F. Supp. 3d 867 · District Court, E.D. Illinois · Jan 28, 2019

Pursuant to this principle, the City acknowledges that a Monell claim can proceed against a municipality where qualified immunity applies to the officers' actions. … The City's proposed Limited Consent waives qualified immunity upon a finding of an underlying constitutional violation.