Case law

Glennon v. Britton

155 Ill. 232 · Illinois Supreme Court · Apr 1, 1895

Lim. 6th ed. 364, et seq.,) and we think this was clearly the intention'of the act under consideration. … Searches and seizures of the character in the case at bar are not deemed unreasonable, and therefore are not within the inhibition of Federal and State constitutions, which guarantee to the citizen immunity against unreasonable

Hooker v. Retirement Board of Firemen's Annuity & Benefit Fund

391 Ill. App. 3d 129 · Appellate Court of Illinois · Apr 23, 2009

a new principle of law either (a) by overruling past precedent or (b) by deciding an issue of first impression the resolution of which was not clearly foreshadowed. … an issue of first impression whose resolution was not clearly foreshadowed.

Daniels v. Chanute Air Force Base Exchange

127 F. Supp. 920 · District Court, E.D. Illinois · Jan 14, 1955

They are integral parts of the War Department, share in fulfilling the duties entrusted to it, and partake of whatever immunities it may have under the constitution and federal statutes. … These regulations govern the establishment and operation of exchange service within the Departments of the Army and the Air Force. “Par. 2. Establishment: a.

Lee v. Harris

District Court, N.D. Illinois · Dec 15, 2023

officer could have mistakenly believed that probable cause existed, Harris and Pofelski are entitled to qualified immunity from suit. … Because it is at least arguable that probable cause existed, the officers are entitled to qualified immunity.

People v. Lavinder

102 Ill. App. 3d 662 · Appellate Court of Illinois · Dec 17, 1981

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … It said its holding did not mean that members of that group were immune from peremptory challenges.

Rehg v. Illinois Department of Revenue

152 Ill. 2d 504 · Illinois Supreme Court · Oct 22, 1992

The party challenging the statute in question bears the burden of clearly establishing that the statute is unconstitutional. (Bernier v. Burris (1986), 113 Ill. 2d 219, 227 .) … With respect to the first prong, we find that the legislature clearly indicated a preference for a civil label.

In re Lawrence M.

Illinois Supreme Court · Aug 2, 1996

We first address the question of sovereign immunity in order to determine whether the juvenile court had subject matter jurisdiction. … In doing so, the Alcoholism and Other Drug Abuse and Dependency Act clearly indicates the responsibility of the Department of Alcoholism and Substance Abuse to establish and fund treatment programs.

Sterlinski v. Catholic Bishop of Chi.

319 F. Supp. 3d 940 · District Court, E.D. Illinois · Jul 23, 2018

In fact, there is no "rigid formula for deciding when an employee qualifies as a minister." Id. … What does control is the established Church doctrine that musicians do play a ministerial role in religious services.

Andersen v. City of Chicago

District Court, N.D. Illinois · Nov 26, 2019

“A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time … “A plaintiff can show that a right is ‘clearly established’ by statute or constitution in at least two ways: (1) he can point to a clearly analogous case establishing the right to be free from the conduct at issue; or

Board of Trustees v. Illinois Labor Relations Board

224 Ill. 2d 88 · Illinois Supreme Court · Jan 19, 2007

the burdens was clearly erroneous. … While the statutory list is not exhaustive, it establishes the characteristics of managerial rights that are not subject to mandatory bargaining.

Jackson v. Xerox Corp.

349 F. Supp. 2d 1119 · District Court, N.D. Illinois · Dec 17, 2004

Jackson’s response brief does not clearly indicate who she considers to have been similarly situated to her, yet were more favorably treated. … She does mention four individuals, all under the age of 40, who might qualify: Chianna Coleman, Jennifer Laird, Jeff Berman, and Debbie Ma-honey. To establish that an individual was similarly situated, Ms.

Mtengule v. City of Chicago

257 Ill. App. 3d 323 · Appellate Court of Illinois · Dec 29, 1993

Section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act speaks to when a public entity owes a duty and provides: "(a) Except as otherwise provided in this Article, a local public entity has … Here, the trial court clearly abused its discretion by excluding relevant testimony. Additionally, the exclusion of Dr. Hawkins’ testimony materially affected the outcome of the case.

Evans v. Keystone Consolidated Industries, Inc.

884 F. Supp. 1209 · District Court, C.D. Illinois · May 4, 1995

Delco Remy: The various tort claims by the appellants demonstrate clearly an attempt to create major state court claims out of matters which are all part of a company claim of right under a collective bargaining agreement … Consequently, there is no need to examine or interpret the terms of the CBA to determine Walters’, Schorr’s, or Keystone’s right to investigate and report Plaintiffs alleged misconduct as a basis for establishing qualified

People v. Smith

Illinois Supreme Court · Dec 1, 2000

Matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. West , 187 Ill. 2d 418, 432 (1999). … App. 3d 593 (1992), the prosecutor clearly misstated the evidence adduced at trial.

Yarborough v. City of Springfield

2023 IL App (4th) 220025-U · Appellate Court of Illinois · Feb 22, 2023

The question here is whether the evidence in this case establishes the City is entitled to immunity under the Act. ¶ 56 A. … Willful and Wanton Conduct ¶ 57 The City first argues the evidence in this case clearly establishes neither it nor its employees engaged in willful and wanton conduct.

Dart v. Craigslist, Inc.

665 F. Supp. 2d 961 · District Court, N.D. Illinois · Oct 20, 2009

It terminated its “erotic” category and established a new “adult” category, which is subject to a “manual review process.” (Def.’s Reply at 3.) It also reduced the number of subcategories from 21 to 5. … Soldier of Fortune, 968 F.2d 1110 , 1114 (11th Cir.1992) (concluding that under Georgia law the defendant “had a legal duty to refrain from publishing advertisements that subjected the public, including appellees, to a clearly

United States Steel Corp. v. Pollution Control Board

64 Ill. App. 3d 34 · Appellate Court of Illinois · Aug 18, 1978

Stat. 1977, ch. 110A, par. 335) establishes procedures to be followed in our direct reviews of agency orders. … Because the Board is inherently more qualified to create technical rules, objections to the Board’s regulations must show that the regulations are clearly arbitrary, capricious or unreasonable.

Dupuy v. Samuels

462 F. Supp. 2d 859 · District Court, N.D. Illinois · Mar 9, 2005

The court also lacked sufficient facts to determine whether any of the individual defendants were entitled to qualified immunity. … immunity because the alleged constitutional violation will rarely — if ever — be clearly established.”

Ferentchak v. Village of Frankfort

121 Ill. App. 3d 599 · Appellate Court of Illinois · Jan 26, 1984

The fact that the municipality was insured, thereby waiving defenses granted it by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … However, we need not determine the extent of liability or whether the voluntary nature of the work had any effect upon liability, for the evidence clearly establishes that the work had no effect upon the problem.

White v. United States

363 F. Supp. 31 · District Court, N.D. Illinois · Aug 6, 1973

THE INSTANT ACTION IS CLEARLY PROHIBITED BY 26 U.S.C. § 7421 (a). … Secondly, the taxpayer must establish that he qualifies for equitable relief by showing that absent injunctive relief he will suffer irreparable harm and he does not have an adequate legal remedy. Enochs v.