Case law

Gutierrez v. Baldwin

District Court, S.D. Illinois · Dec 30, 2022

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, Brookman, Hart, and Spiller are not entitled to summary judgment on their qualified immunity defense to Count 1.

Next Generation Tech., Inc. v. Johnson

328 F. Supp. 3d 252 · District Court, S.D. Illinois · Sep 29, 2017

The AAO found that NGT had failed to prove that the proposed position qualified as a "specialty occupation" and that NGT had paid Deo the required wage, and had failed to establish that a "credible offer of H-1B caliber employment … Flores , 557 U.S. 433 , 446, 129 S.Ct. 2579 , 174 L.Ed.2d 406 (2009) (citing Vill. of Arlington Heights for the proposition that the Court need not reach the issue of standing for one petitioner when the other petitioner "clearly

Proulx v. Illinois High School Ass'n

125 Ill. App. 3d 781 · Appellate Court of Illinois · Jul 10, 1984

The plaintiffs had participated through the sectional meet and had qualified for participation in the State Final Meet. … App. 3d 212 , 445 N.E.2d 464 , the court held that the bare allegation of “illegal” was insufficient to establish harm. In our opinion “unique” is even less pejorative than “illegal.”

Londrigan v. State Employees' Retirement System

30 Ill. 2d 354 · Illinois Supreme Court · Jan 22, 1964

Section 3 — 4 of the act states that “employee” means “any regular classified or unclassified officer or employee who, prior to the date of establishment, received salary, for service rendered to the State of Illinois, on … He, therefore, clearly does not qualify as a contributing member and he cannot make further contributions towards a larger pension. The trial court’s determination on this part was therefore clearly correct.

People Ex Rel. Parkinson v. Williams

392 Ill. 224 · Illinois Supreme Court · Nov 21, 1945

the judiciary of its jurisdiction in contravention of article III of our constitution, and, further, by preventing the seeking and granting of the relief sought in the complaint in the circuit court, would grant a special immunity … So far as the complaint against the shareholders is concerned, it is clearly beyond the provisions of section 201.

People v. Madison

56 Ill. 2d 476 · Illinois Supreme Court · Mar 20, 1974

Defendant further endeavors to establish bias, contending that a jury which is qualified to recommend the death penalty is more likely to convict. … In the present case defendant’s confession as well as substantial circumstantial evidence clearly established his guilt.

People v. McCommon

79 Ill. App. 3d 853 · Appellate Court of Illinois · Dec 26, 1979

In the case at bar the record does not clearly establish that Jones had a unique knowledge of the event such that the State’s failure to call him gave rise to an inference that Jones’ testimony would have been unfavorable … Defendant argues that the State failed to identify the voices on the tape and to show that Saladino was qualified to operate the recording equipment.

People v. Dismuke

2017 IL App (2d) 141203 · Appellate Court of Illinois · Aug 7, 2017

The prosecutors gave Derrick Smith a proffer of immunity and agreed to write a letter recommending that he receive work release or home monitoring. … A trial court has discretion whether to grant a motion in limine, and we will not reverse its ruling unless the court clearly abused its discretion. People v. Hogan, 388 Ill.

Abbott Industries v. Department of Employment Security

2011 IL App (2d) 100610 · Appellate Court of Illinois · Jun 20, 2011

The Board of Review accordingly reversed the decision of the referee and held that Mitchell was qualified to receive unemployment benefits. ¶ 11 Abbott Industries appealed the Board of Review’s decision to the … Rather, the record establishes that she was unable to comply with those rules due to the need to care for her mother and the lack of alternatives.

Borden Chemicals & Plastics, L.P. v. Zehnder

Appellate Court of Illinois · Feb 14, 2000

The statute further defines the term "qualified property." … Clearly, the facts and circumstances of Quill are distinguishable from the present case.

Sheahan v. City of Chicago

127 Ill. App. 626 · Appellate Court of Illinois · Jul 13, 1906

Appellant’s personal convenience and efficiency in the discharge of his duties doubtless suggested that he be qualified to administer the oaths. … The “Act to enable the corporate authorities of cities to establish and fix the salaries of city officers,” approved April 23, 1873 (1 Starr & Curtis, 2nd Ed., p. 826), confers authority on the common council or legislative

Lindsey v. Baxter Healthcare Corp.

757 F. Supp. 888 · District Court, N.D. Illinois · Jan 14, 1991

Lack of sensitivity and failure to communicate clearly with superiors were themes running throughout the evaluations. … It must be held that Lindsey was qualified for the position — even if ultimately not chosen because Baxter thought him not the most qualified. Lindsey has met his burden of establishing a prima facie case.

Suburban Bank of Hoffman-Schaumburg v. Bousis

144 Ill. 2d 51 · Illinois Supreme Court · May 30, 1991

Chrisoula argues that the savings account contract clearly established her legal interest in the account and, furthermore, that the contract may not be set aside merely because it might fail to represent the bank president … The evidence clearly establishes that the parties intended for the account contract, as written, to apply to the funds on deposit.

Steidl v. Walls

267 F. Supp. 2d 919 · District Court, C.D. Illinois · Jun 17, 2003

as a decision involving an unreasonable application of clearly established federal law.” … “Therefore, a federal court may not grant habeas corpus relief simply because it has independently concluded that the relevant state court decision misapplies clearly established federal law.

Dorsey v. Ryan

110 Ill. App. 3d 577 · Appellate Court of Illinois · Nov 30, 1982

the monument or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt by the acts and testimony of the interested landowners, competent surveyors, other qualified … The mode of apportionment is clearly expressed, and it seems to be entirely equitable.

David Glen, Inc. v. Saab Cars USA, Inc.

837 F. Supp. 888 · District Court, N.D. Illinois · Oct 25, 1993

That section clearly limits its scope to a franchisee or motor vehicle dealer whose existing franchise or selling agreement has been terminated or cancelled. … a motor vehicle dealer without good cause.... 5 . 815 ILCS 710/4(e)(ll) provides, in relevant part: It shall be deemed a violation for a manufacturer, a distributor ... (11) to prevent or refuse to approve a proposal to establish

Gill v. Sullivan

District Court, S.D. Illinois · Sep 15, 2023

Defendants Johnson, Rush, and Shane Smith are also not entitled to qualified immunity at this time. … To overcome a defense of qualified immunity, a plaintiff must demonstrate “(1) that the [defendant’s] conduct violated his constitutional rights, and (2) that the violated right was clearly established at the time of the

Televation Telecommunication Systems, Inc. v. Saindon

169 Ill. App. 3d 8 · Appellate Court of Illinois · Apr 28, 1988

In October 1984, Saindon collaborated with Timothy Rex and Janusz Dobrowolski to establish Digital Systems Research, Inc. (Digital). … We must next determine whether the information Saindon took qualified as trade secret information.

In re Commitment of Fields

2014 IL 115542 · Illinois Supreme Court · Jun 27, 2014

According to respondent, because he “was under the requisite age to qualify for a diagnosis of pedophilia” at the time of the 2000 offense, the State failed to establish that he has a mental disorder. … Unspoken but clearly implied here is that the dispositional hearing was already in progress.

Swanson v. Village of Lake in the Hills

233 Ill. App. 3d 58 · Appellate Court of Illinois · Aug 14, 1992

Lorenc testified that when plaintiff was hospitalized, he was clearly disabled. Lorenc ordered plaintiff to refrain from work until December 2, 1986. … An opposite conclusion must be clearly evident for a finding or judgment to be against the manifest weight of the evidence. Bruss, 210 Ill. App. 3d at 78 .