Case law

White v. City Of Chicago

District Court, N.D. Illinois · Mar 3, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “To overcome a defendant's invocation of qualified immunity, a plaintiff must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established at the time of the

Haley v. Teachers Ins. & Annuity Ass'n of Am.

377 F. Supp. 3d 250 · District Court, S.D. Illinois · Mar 27, 2019

Overall, the collective allegations in the Amended Complaint plausibly establish that the § 408(b)(2) safe harbor does not clearly exempt the conduct at issue. … It is undisputed that Haley, as a plan participant, qualifies as the "party in interest" for this claim.

Adams v. Northern Illinois Gas Co.

Illinois Supreme Court · Apr 1, 2004

Instead, call a qualified service agency of NI-Gas to make the inspection.” … Sarelas clearly leaves open the existence of common law duties had the plaintiff been able to plead them.

Wilczynski v. Goodman

73 Ill. App. 3d 51 · Appellate Court of Illinois · Jun 5, 1979

Further, unwarranted immunity would thereby be extended to the medical profession if damages ensuing from improper treatment were to be denied. Coleman v. Garrison. … The court found that the evidence was sufficient to establish an oral contract of warranty.

Cottingham v. National Mutual Church Insurance

290 Ill. 26 · Illinois Supreme Court · Oct 27, 1919

clearly discloses was not essential except to determine, the rate of insurance. … The term of the insurance is clearly made or stated to be five years. The answer. of Rev.

People v. Holmes

2025 IL App (2d) 240194 · Appellate Court of Illinois · Dec 15, 2025

The court concluded that Zielinski “was clearly testifying to Ms. Kane’s opinions and conclusions and offering those for the truth of the matter asserted. … The State specifically moved to qualify Earl as an expert in the field of drug chemistry and the trial court found her to be qualified in that subject.

Cunliffe v. Wright

51 F. Supp. 3d 721 · District Court, N.D. Illinois · Jun 20, 2014

In this case, Cunliffe’s allegations in the SAC clearly establish that her alleged speech was made pursuant to her duties as a public employee. … See Khan, 630 F.3d at 534 (holding plaintiff had not established the “plus” factor of the stigma plus claim).

Wakefield v. Franklin County Jail

District Court, S.D. Illinois · Apr 13, 2023

Qualified Immunity “Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly … immunity.

Farrell v. State

52 Ill. Ct. Cl. 275 · Court of Claims of Illinois · Jan 10, 2000

This statute clearly and glaringly has no applicability to the IDOL or to the facts alleged in this case. Count III will accordingly be dismissed with prejudice. … Thus a court may allow an implied private action only when “necessity” — to enforce the legislatively-established policy — requires it.

Rabin v. KARLIN AND FLEISHER, LLC

409 Ill. App. 3d 182 · Appellate Court of Illinois · Mar 18, 2011

As neither party alleges that Plaintiff filed a worker’s compensation claim, Plaintiff must establish that he objected to illegal activity on the part of the Defendants in order to be considered a whistle blower. … The phrase ‘clearly mandated public policy’ implies that the policy will be recognizable simply because it is clear.

Better Government Assocation v. Illinois High School District 230

56 N.E.3d 497 · Appellate Court of Illinois · Jun 24, 2016

App. 3d 1065 (2005), in which IHSA had sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Instead, the challenged statements were legal arguments asserted by IHSA in an effort to establish immunity under the Tort Immunity Act.

Taylor v. Feinberg

235 Ill. 2d 256 · Illinois Supreme Court · Sep 24, 2009

This tension is clearly demonstrated by the three opinions of the appellate court. … Similarly, under the Trusts and Trustees Act, “[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those

Weston v. Markgraf

328 Ill. 576 · Illinois Supreme Court · Feb 24, 1928

The canvassing board found that Markgraf received 14,338 votes and Weston 13,412, thus giving a majority of 926, whereupon Markgraf was declared elected sheriff and duly qualified. … In the twenty-fifth election district in Joliet the election was held in an undertaking establishment, the ballot-box and judges being in the front room or office of the establishment and the booths in an adjoining room,

Stewart v. Boone County Housing Authority

2018 IL App (2d) 180052 · Appellate Court of Illinois · May 16, 2019

to put it another way, whether the rule of law as applied to the established facts is or is not violated.” … Critically, however, this statement is then qualified, with the following language appearing at the end of the subsection: “In making its decision to terminate assistance, the PHA will consider alternatives

People v. Thompson

2017 IL App (5th) 120079-B · Appellate Court of Illinois · Jul 14, 2017

another in the planning or commission of attempted possession of anhydrous ammonia (id. ¶ 34), the essential disputed issue here is the identity of the suspect. ¶ 27 In the instant case, the surveillance video clearly … If no prejudice to the defendant is established, there is no need to separately determine whether counsel’s performance was deficient. People v.

MacDonald v. Board of Trustees of Park Ridge Police Pension Fund

294 Ill. App. 3d 379 · Appellate Court of Illinois · Jan 15, 1998

that all reasonable and unbiased persons, acting within the limits prescribed by the law and drawing all inferences in support of the finding, would agree that the finding is erroneous and that the opposite conclusion is clearly … As to whether plaintiff was a dependent child at the time of his father’s death, evidence was presented to establish that he was.

Sanchez v. City of Chicago

352 Ill. App. 3d 1015 · Appellate Court of Illinois · Sep 30, 2004

The City asserted as affirmative defenses: immunity under section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3 — 102(a) (West 2002)), based on lack of actual … The plaintiff was not given the opportunity to demonstrate the factual basis for his complaint or establish any genuine issues of material fact.

Citizens for a Better Environment v. Pollution Control Board

152 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 26, 1987

Administrative action taken under statutory authority will not be set aside unless it has been clearly arbitrary, unreasonable, or capricious. (Illinois Coal Operators Association v. … Courts adopted this high standard of review because administrative agencies are inherently more qualified to decide technical problems and the mechanics of dealing with those problems.

Vokac v. The Berwyn Police Pension Fund

2025 IL App (1st) 240338 · Appellate Court of Illinois · Dec 24, 2025

so established.” … The decision also does not establish how the Board should determine the commencement date of pension payments; it simply found that section 3-114.1 does not establish the date.

People v. Siler

85 Ill. App. 3d 304 · Appellate Court of Illinois · Jun 16, 1980

Likewise, in this case it is asserted that the pending extradition warrant from Florida would establish Laxton’s bias, prejudice, or motive to testify falsely. … The victim clearly identified Siler. Laxton’s. testimony was merely corroborative of the events occurring after the offense.