Case law

Barakat v. Matz

271 Ill. App. 3d 662 · Appellate Court of Illinois · Mar 31, 1995

Even per se defamatory statements, however, may not be actionable if immunized by absolute privilege (Layne v. Builders Plumbing Supply Co. (1991), 210 Ill. … First, the content of the reports at issue clearly evaluates the patients for which the reports were ordered.

Baker v. Runyon

922 F. Supp. 1296 · District Court, N.D. Illinois · May 1, 1996

It *1299 is, in fact, “an independent establishment of the Executive Branch of the government of the United States ...” 39 U.S.C. § 201 . … Beyond these citations, and its own tautologous recitations, the defendant offers little to show that the Postal Service qualifies as “a government, government agency or political subdivision.”

Fellhauer v. City of Geneva

190 Ill. App. 3d 592 · Appellate Court of Illinois · Nov 2, 1989

Stat. 1987, ch. 24, par. 3 — 11—1 (relied upon by Lewis)); (2) Lewis was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) for discretionary acts within the … The trial court refused to consider Lewis’ assertions of qualified immunity, finding those matters improper for consideration under a section 2— 615 motion (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615).

Colon v. Annucci

344 F. Supp. 3d 612 · District Court, S.D. Illinois · Sep 28, 2018

"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 … In other words, qualified immunity shields a defendant from standing trial or facing other burdens of litigation "if either (a) the defendant's action did not violate clearly established law, or (b) it was objectively reasonable

Van Houten v. Baughman

663 F. Supp. 887 · District Court, C.D. Illinois · Jun 30, 1987

Therefore, we hold that Defendant has failed to meet his burden of establishing the lack of a genuine issue of material fact and summary judgment is denied on this count. (2) Immunity Defendant asserts that even if no probable … cause existed, he is entitled to qualified immunity.

Jefferson v. Sheahan

279 Ill. App. 3d 74 · Appellate Court of Illinois · Mar 29, 1996

Clearly, a judicial "finding” of an exception for willful and wanton conduct where none was expressly provided by the legislature contravenes a court’s duty to give effect to legislative intent. … App. 3d 825, 841 , 628 N.E.2d 844 (1993), this court was presented with the issue whether section 2 — 205 of the Act provided absolute or qualified immunity.

People v. O'Malley

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

Because the evidence established that the vehicle was headed -5-  toward a hospital and was stopped solely for a well-being check, it is the defendant’s position … known because they were on the scene for the purpose of a well-being check and, separately, the state’s attorney’s office should have noted that the defendant should not have been charged because she qualified

Hammons v. Society of Permanent Cosmetic Professionals

967 N.E.2d 405 · Appellate Court of Illinois · Mar 20, 2012

The only position being advocated was clearly that plaintiffs’ practices and pigment products were “lousy. … An electorate is simply a body of qualified voters from a particular district or territory. See, e.g., Carver v. Sheriff of La Salle County, 203 Ill. 2d 497 (2003).

Sandholm v. Kuecker

405 Ill. App. 3d 835 · Appellate Court of Illinois · Oct 18, 2010

Acts or statements made during legislative, judicial, or quasi-judicial proceedings are already protected by absolute or qualified privileges, including the protection of the right to petition the government as established … Pennington upheld the same antitrust immunity doctrine where coal companies and unions persuaded the Labor Department to establish minimum wages for employees of contractors, which frustrated the non-unionized companies’

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.

Ramirez v. City of Chicago

82 F. Supp. 2d 836 · District Court, N.D. Illinois · Dec 23, 1999

The paramedics then argue that they are entitled to qualified immunity. … Qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Williams v. Rath

756 F. Supp. 1103 · District Court, N.D. Illinois · Feb 12, 1991

Here the act that underlies Williams’ Complaint — the Judges' dismissal of his claim in 89-2203— was clearly an act of a judicial nature qualifying for absolute immunity protection. … Williams qualifies in financial terms for in forma pauperis status.

Hubble v. BI-STATE DEV. ILLINOIS-MISSOURI

393 Ill. App. 3d 1016 · Appellate Court of Illinois · Aug 6, 2009

DISCUSSION The question of whether Bi-State is a “local public entity” under the Tort Immunity Act presents an issue of statutory construction that is guided by well-established legal principles. … In support of its argument that it qualifies as a local public entity, Bi-State cites Grady v. Bi-State Development Agency, 151 Ill.

Jones v. Department of Public Aid

373 Ill. App. 3d 184 · Appellate Court of Illinois · May 1, 2007

Four factors must be established before the trial court grants an injunction: (1) a clearly ascertainable right in need of protection; (2) the occurrence of irreparable harm without the injunction; (3) an inadequate remedy … The Department’s limited evidence on projected costs for individuals similar to Michael does not clearly establish what level of funding it considers would be necessary to accommodate individuals with disabilities comparable

Gregory v. Oliver

226 F. Supp. 2d 943 · District Court, N.D. Illinois · Oct 21, 2002

In turn, qualified immunity is again a function of whether a constitutional right has been violated and whether the law regarding that constitutional right is clearly established (id. at 201, 121 S.Ct. 2151 ). … That being so, it is hardly necessary to dwell on Saucier’s second test for qualified immunity: whether the particular violation of that constitutional right in this case is clearly established, as a matter of law, as a constitutional

Kufalk v. Hart

610 F. Supp. 1178 · District Court, N.D. Illinois · Mar 18, 1985

Finally, to the extent the plaintiff’s actions are not absolute *1194 ly barred, the state defendants contend they are barred by their qualified immunity. 1. … Qualified Immunity In their memorandum in support of their motion to dismiss, the state defendants stated that “[fjollowing the reasoning of Harlow v.

Hughes v. City of Chicago

673 F. Supp. 2d 641 · District Court, N.D. Illinois · Nov 25, 2009

that constitutional right was clearly established at the time of the alleged violation.” … Accordingly, Defendants are not entitled to summary judgment on the ground of qualified immunity. C.

Bills Ex Rel. Bills v. Hommer Consolidated School District Number 33-C

959 F. Supp. 507 · District Court, N.D. Illinois · Mar 14, 1997

Qualified Immunity At this point, only Counts I and IV remain. … Defendants move to dismiss Count I against Jolas by asserting a qualified immunity defense. Qualified immunity is a defense available to government officials under certain conditions.

Dopkeen v. Whitaker

926 N.E.2d 794 · Appellate Court of Illinois · Mar 10, 2010

The court concluded, "Defendant was acting within the scope of his authority to terminate the plaintiff and such actions are protected by absolute immunity, *797 and public official immunity." Plaintiff now appeals. … We note that this case also raises the issue whether the doctrine of sovereign immunity precluded jurisdiction in this case.

Eck v. McHenry County Public Building Commission

237 Ill. App. 3d 755 · Appellate Court of Illinois · Dec 4, 1992

This section clearly recognizes the exercise of discretionary authority as a basis for immunity which is consistent with the supreme court’s pronouncement in Seben. … Stat. 1991, ch. 85, par. 4—102 (“failure to establish a police department”); Ill. Rev. Stat. 1991, ch. 85, par. 5—101 (“failure to establish a fire department”).)