Case law

Rivera v. Guevara

319 F. Supp. 3d 1004 · District Court, E.D. Illinois · May 11, 2018

was "clearly established at the time." … For qualified immunity purposes, "[t]he dispositive question is whether the violative nature of particular conduct is clearly established."

Villa v. Arthur Rubloff & Co.

183 Ill. App. 3d 746 · Appellate Court of Illinois · May 19, 1989

The word “agents” is not limited or qualified in any way by the Act. The court in Mier v. Staley (1975), 28 Ill. App. 3d 373 , held that under section 5(a), directors were agents of a corporation.. … The relationship between Evergreen Plaza and Rubloff is clearly that of principal and agent in the traditional sense and is encompassed by the Act.

Brewer v. BD. OF TRUSTEES OF UNIV. OF ILL.

339 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 17, 2003

Illinois has not clearly waived sovereign immunity; far from it, Illinois has clearly reinstated sovereign immunity, with the two narrow qualifications the Immunity Act specifies. … The United States Supreme Court held: "[T]he Rhode Island courts have jurisdiction adequate and appropriate under established local law to adjudicate this action.

Walker v. Prisoner Review Board

594 F. Supp. 556 · District Court, N.D. Illinois · Sep 27, 1984

However, in Fatico the court explained that a parolee’s complaint must clearly establish that the erroneous information was in fact relied upon; otherwise, the reviewing court may only consider whether the parole candidate … On a motion for summary judgment, of course, the moving party has the burden of clearly establishing that "there is no genuine issue as to any material fact and [therefore he] is entitled to a judgment as a matter of law.

Harden v. Peck

686 F. Supp. 1254 · District Court, N.D. Illinois · Apr 11, 1988

Peck: Qualified Immunity The plaintiffs argue that Peck is not entitled to qualified immunity for two reasons: first, because no reasonably competent police officer in Peck’s position would have concluded that the factual … We hold that the Peck is protected from suit by the doctrine of qualified immunity. B.

Ortiz v. Town of Cicero, Illinois

District Court, N.D. Illinois · Aug 11, 2022

Indianapolis Fire Dept., 578 F.3d 559, 566 (7th Cir. 2009) (recognizing a “‘qualified’ constitutional right to the confidentiality of medical records and communications”). … Dunlap, 209 F.3d 944, 956 (7th Cir. 2000) (“[T]his Circuit has outlined a clearly established ‘substantial’ right in the confidentiality of medical information that can only be overcome by a sufficiently strong state interest

Davila v. Lang

343 F. Supp. 3d 254 · District Court, S.D. Illinois · Oct 23, 2018

"The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver." See Makarova v. … But the language of Articles 23 and 23-a clearly establishes that the state statute does not purport to constrain the actions of federal administrative bodies like OLAP.

Lloyd v. County of Du Page

303 Ill. App. 3d 544 · Appellate Court of Illinois · Mar 3, 1999

The allegations in the subparagraphs that the trial court determined were barred by the Tort Immunity Act fell within the category of conduct excluded from the grant of immunity provided by the Tort Immunity Act. … App. 3d 417, 424 (1996)), and a cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to recover. First Bank v.

Alinsky v. United States

156 F. Supp. 2d 908 · District Court, N.D. Illinois · Aug 2, 2001

Willie Card’s affidavit (which is essentially unrebutted by plaintiffs) coupled with plaintiffs’ own characterization of Midwest’s contractual relationship with the FAA clearly establishes that the FAA does not control the … Plaintiffs interpret this order to mean that an FAA air traffic controller who does not qualify as a supervisor may not stand watch alone.

Fraser v. Universities Research Ass'n

188 Ill. 2d 444 · Illinois Supreme Court · Dec 2, 1999

While the focus of the Campground Licensing Act is clearly campground regulation, it also applies specifically to recreational areas. … In 1987, amendments to the Recreational Use Act and the Campground Licensing Act effected changes which indicate both a legislative intent to broaden the category of land qualifying for the immunity of the Recreational Use

Naleway v. Agnich

Appellate Court of Illinois · Oct 31, 2008

The defendant has a qualified privilege to make the statements regarding the plaintiff [sic] and she did not abuse her privilege; and b. the defendant is immune from liability for making … -8- No. 2--06--1275 The plaintiff[s] assert[] that the defendant abused her qualified privilege and that she is not entitled to immunity under

McQueen v. Shelby County

730 F. Supp. 1449 · District Court, C.D. Illinois · Feb 13, 1990

Nevertheless, the rule is also well established that the mere existence of some factual dispute will not frustrate an otherwise proper summary judgment. Anderson v. … If CCMHC is considered to be a “local public entity” within the meaning of the Tort Immunity Act, then the allegations of the Shelby County Defendants fall clearly within 116-105 of the act which provides neither a local

Parker v. Banner

479 F. Supp. 2d 827 · District Court, N.D. Illinois · Mar 22, 2007

The individual city employees were protected by qualified immunity rules, 1 so the plaintiffs only available remedy was the suit against the city. … This would be entirely inconsistent with the idea of qualified immunity, which states that governmental actors are shielded from liability so long as "their conduct does not violate clearly established statutory or constitutional

Stanley v. Carrier Mills-Stonefort School District No. 2

459 F. Supp. 2d 766 · District Court, S.D. Illinois · Sep 21, 2006

Morgan’s Qualified Immunity Morgan claims he is entitled to the defense of qualified immunity with regard to Counts I, III and IV. … Qualified immunity is an affirmative defense that shields government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

People v. O'Malley

2021 IL App (5th) 190127 · Appellate Court of Illinois · Mar 19, 2021

their immunity. … raising and proving their immunity.

Beaver v. Carey

426 F. Supp. 301 · District Court, N.D. Illinois · Jan 18, 1977

Public defenders, however, enjoy a qualified immunity for acts performed within the scope of their official duty. John v. Hurt, 489 F.2d 786 (7th Cir. 1973). … For the reasons stated above, the court concludes that this defendant is likewise immune. Clearly the state’s attorney was also exercising duties within the scope of his normal function. Imbler v.

In re Edward T.

Appellate Court of Illinois · Sep 15, 2003

In response, the State argues that the trial court erred in qualifying Dr. Zun as an expert witness. Dr. … Zun should not have been qualified as an expert witness in pediatric medicine.

Cromley v. Bd. of Educ. of Lockport

699 F. Supp. 1283 · District Court, N.D. Illinois · Nov 1, 1988

Thus mandamus would be inappropriate here. 3.Qualified Immunity Harlow v. … Such immunity is *1293 available to individual defendants “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Schultz v. St. Clair County

460 Ill. Dec. 638 · Illinois Supreme Court · Apr 21, 2022

Plaintiff alleged that the ETSB acted in reckless disregard for decedent’s safety by failing to manage the selection of dispatchers to ensure qualified employees were providing 911 services. … ¶ 52 In terms of police protection, section 4-102 of the Tort Immunity Act provides as follows: “Neither a local public entity nor a public employee is liable for failure to establish a

Hill v. Godinez

955 F. Supp. 945 · District Court, N.D. Illinois · Feb 6, 1997

Franklin also contends that he is sheltered from liability by qualified immunity. … Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987)), he cannot succeed on qualified immunity grounds.