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District Court, S.D. Illinois · May 17, 2022
Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statuary or constitutional rights of which a reasonable person would … The Court also found the defendants were not entitled to qualified immunity because the delay in assisting the inmate “ran afoul” of the inmate’s clearly established rights under the Eighth Amendment.
Cited 0 timesUnknown178 Ill. 2d 399 · Illinois Supreme Court · Oct 17, 1997
Section 1B — 20 clearly identifies the nature of the discipline and the parties to be disciplined. … We find no need to discuss any longer a clearly unsupported argument, and we reject it. See 134 Ill. 2d R. 341(e)(7).
Cited 141 timesPublishedAppellate Court of Illinois · Oct 26, 1998
The prosecution in this case chose to use evidence of the defendant's membership in the Blackstones street gang to establish motive. … Clearly the jury chose to rely on witness testimony and other circumstantial evidence to convict defendant. Defendant also challenges Royal's testimony as "unreliable and incredible."
Cited 0 timesPublished262 Ill. 101 · Illinois Supreme Court · Feb 21, 1914
In order to constitute a dedication, at common law, of lands for a public street, it must be made to clearly and unequivocally appear that the land owner intended to donate his land to the public for a public street and that … the authorities as a public road, was claimed to be erroneous because it was not qualified by a statement that such use must be adverse, exclusive, continuous and under claim of right, but it was held that inasmuch as the
Cited 12 timesPublishedSmith v. Industrial Commission
308 Ill. App. 3d 260 · Appellate Court of Illinois · Oct 13, 1999
On June 7, 1995, claimant was recalled to work, and she was tested to see if she was qualified to resume her supervisory duties. On June 13, 1995, and at the request of the employer, claimant was examined by Dr. … On review, the Commission’s compensation award should be reversed only if it was contrary to the manifest weight of the evidence, i.e., where the opposite conclusion is clearly apparent. Durfee v.
Cited 6 timesPublished21 Kristin Condominium Ass'n v. Pioneer Engineering & Environmental Services, LLC
2020 IL App (1st) 191868 · Appellate Court of Illinois · Nov 30, 2020
“[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.” Marshall, 222 Ill. 2d at 429. … ¶ 15 For the remaining element of the cause of action, Pioneer argues that its statements cannot qualify as misrepresentations because it only expressed its opinion about the condition of the property.
Cited 0 timesPublishedAFM Messenger Service, Inc. v. Department of Employment Security
198 Ill. 2d 380 · Illinois Supreme Court · Sep 20, 2001
rule of law as applied to the established facts is or is not violated.” … Thus, a driver’s “business” was not established “independently” of AFM.
Cited 620 timesPublished298 Ill. App. 3d 682 · Appellate Court of Illinois · Sep 1, 1998
The court’s order also established a visitation schedule for Tom, Mandy (Cindy’s daughter, Amanda), and Cindy’s other relatives. William timely appeals. … The law clearly permits such a decision by either the guardian or the surrogate, but only if certain criteria are met.
Cited 8 timesPublishedGillen v. State Farm Mutual Automobile Insurance Co.
349 Ill. App. 3d 779 · Appellate Court of Illinois · Jun 25, 2004
Clearly admitting that such payments under the Illinois Pension Code differ from those made to employees pursuant to the Workers’ Compensation Act (820 ILCS 305/5 (West 1992)) because no similar lien is created in favor of … 2001) (reason to favor coverage is twofold: to effectuate intent of insured who purchased policy to obtain coverage and to lay burden upon insurance company which, as drafter, could have drafted policy and exceptions more clearly
Cited 7 timesPublishedIllinois Central Railroad v. County of McLean
17 Ill. 291 · Illinois Supreme Court · Dec 15, 1855
Pennsylvania and Massachusetts hold railways exempt from taxation, upon the ground that they are public works, established by public authority, like canals, turnpikes and highways. Inhabitants of Worcester v. … The case before us is not an exemption or immunity from the payment of taxes.
Cited 33 timesPublished2014 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.
Cited 46 timesPublished956 F. Supp. 1409 · District Court, N.D. Illinois · Jan 16, 1997
The burden of establishing the lack of any genuine issue of material fact rests with the mov-ant. Jakubiec, 844 F.2d at 473 . … Officer Kinsella claims that he is entitled to qualified immunity from liability in connection with the force he used against plaintiff.
Cited 3 timesPublishedWestern Casualty & Surety Co. v. Adams County
179 Ill. App. 3d 752 · Appellate Court of Illinois · Feb 16, 1989
Stat. 1985, ch. 110, par. 2—701), requesting the court to establish the rights and legal relations of the parties under certain insurance policies issued to the County from May 1978 through May 1983. … arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, violation of property rights, or deprivation of any rights, privileges or immunities
Cited 48 timesPublishedVillage of Winfield v. Illinois State Labor Relations Board
176 Ill. 2d 54 · Illinois Supreme Court · Mar 20, 1997
as the library establishment election. 75 ILCS 5/4 — 3 (West 1992). … The Act clearly contemplates that the library board will determine its own budget.
Cited 40 timesPublishedInland Rubber Co. v. Industrial Commission
309 Ill. 43 · Illinois Supreme Court · Jun 20, 1923
This contention is clearly unsound. The dates of these occasional absences were not fixed by plaintiff in error. … There was clearly no “return” to employment as contemplated by the act. American Glyco Metal Co. v. Industrial Com. 306 Ill. 421 ; Swift & Co. v. Industrial Com. 299 id. 587.
Cited 63 timesPublished2021 IL App (1st) 192434 · Appellate Court of Illinois · Sep 28, 2021
conduct, and further, were based on immunity and legal justification principles. … The supreme court reviewed the comparative fault statute and tort immunity act then in effect and noted that the act clearly insulated cities “against suits for negligence” and “punitive damages,” but would
Cited 1 timesPublishedDistrict Court, N.D. Illinois · Nov 29, 2018
Qualified Immunity Defendants’ qualified immunity argument raises the same concerns. … clearly established rights.”
Cited 0 timesUnknown101 Ill. 2d 128 · Illinois Supreme Court · Feb 1, 1984
We turn now to the first issue raised by Molstad: whether the testimony of Wendy Albritton established Molstad’s guilt beyond a reasonable doubt. … The testimony of Molstad’s codefendants clearly qualifies as newly discovered evidence. The affidavits submitted as the basis for a new trial could not have been discovered with the exercise of due diligence.
Cited 228 timesPublishedOrder Applies to Cisco Systems, Inc. v. Innovatio IP Ventures, LLC
921 F. Supp. 2d 903 · District Court, N.D. Illinois · Feb 4, 2013
The Federal Circuit has clearly stated that NoerrPennington does not apply to petitioning activity that, although “ostensibly directed toward influencing governmental action, is a mere sham to cover what is actually nothing … But other assurances, as alleged, do not include this qualifier. (Id. ¶¶ 64-66.)
Cited 2 timesPublished147 Ill. App. 553 · Appellate Court of Illinois · Mar 22, 1909
They each examined her a few days prior to the trial, for the sole purpose of qualifying themselves to testify as medical experts. … is clearly traceable to the traumatic injury to the knee suffered as a result of her fall through the defective sidewalk.
Cited 1 timesPublished
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