Case law

Boffa v. Department of Public Aid

168 Ill. App. 3d 139 · Appellate Court of Illinois · Mar 16, 1988

Department recouped payment made to plaintiff for prophylaxis during the 1981 audited period, based upon his billing practices, and explained to plaintiff that his records insufficiently documented that treatment so as to qualify … In each case, the evidence was clearly insufficient to support Department action. Rather, this case is analogous to Meyers v. Department of Public Aid, 114 Ill.

Presidential Candidate Number P60005535 also known as Ronald Satish Emrit and Presidential Committee/Political Action Committee/Separate Segregated Fund Number C00569897 doing business as United Emrits of America v. US Patent and Trademark Office et al.

District Court, S.D. Illinois · Dec 9, 2025

A court can deny a qualified plaintiff leave to file IFP or can dismiss a case if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 … As stated in the Complaint, however, these theories are unsupported by mathematical proof or the established principles of any recognized scientific discipline.

People v. Beller

54 Ill. App. 3d 1053 · Appellate Court of Illinois · Nov 21, 1977

After thoroughly admonishing defendant of the consequences of his pleas and establishing factual bases therefore, the court sentenced defendant to the penitentiary for two consecutive sets of two concurrent sentences of four … Jimmie Walker, initially a co-defendant in the case, testified for the State under a grant of immunity. (See Ill. Rev. Stat. 1975, ch. 38, par. 106 — 1 et seq.)

People v. Sizemore

311 Ill. App. 3d 917 · Appellate Court of Illinois · Mar 10, 2000

Sizemore appeals, arguing that he met his burden of proof, establishing his right to conditional discharge. He contends that the circuit court’s decision was against the manifest weight of the evidence. … Chapman was clearly considered, but that fact alone was not the basis for the circuit court’s ruling. In fact, the circuit court specifically informed Sizemore that, “Dr.

People v. Miles

133 Ill. App. 2d 599 · Appellate Court of Illinois · Jul 15, 1971

While a police report may so qualify, it must be shown that the report contains some substantially verbatim statement in order to compel its production at the time of the witness’ cross-examination. (See People v. … The crimes involved were clearly distinct, required different elements of proof, and were perpetrated on two different victims. The attempt to rob Mrs. Gary was completed prior to the attack on the police officer.

People Ex Rel. Polivka v. Padley

340 Ill. 314 · Illinois Supreme Court · Jun 20, 1930

The village officers acting for each such village are hereby declared to be the duly constituted authority thereof and such officers shall hereafter be elected and qualified in the same manner and have the powers and discharge … The pleadings show that the village of McCook comes clearly within the provisions of the validating act of May 5, 1927.

O'BRIEN v. City of Chicago

347 Ill. App. 45 · Appellate Court of Illinois · May 27, 1952

Plaintiff maintains that even if the alleys dedicated by defendant church have been accepted by the city, the church’s lot still does not qualify under the zoning ordinance as a church site since the resubdivision of the … Long continued, uniform construction of a statute by executive officers must be accorded great weight by the judiciary in interpreting such statutes unless a contrary interpretation is clearly required by the words of the

Goudanis v. Village of Hillside

2025 IL App (1st) 242300-U · Appellate Court of Illinois · Sep 26, 2025

Moreover, it found that the evidence that Smith decided to unilaterally repair some sidewalks even when homeowners decided not to participate “clearly shows that Smith’s engagement with the 50/50 program was not ministerial … ¶ 31 Here, by contrast, the record establishes that the Village was aware of the condition of the sidewalk in front of McDonald’s residence before Goudanis’s fall.

Sarafin v. Sears, Roebuck and Co., Inc.

446 F. Supp. 611 · District Court, N.D. Illinois · Feb 21, 1978

Following our order, plaintiffs began discovery procedures to establish the size of the class more precisely. … We believe these facts do not establish a cognizable danger of recurrent violations.

Gaddis v. Zanotti

District Court, S.D. Illinois · Oct 30, 2020

Sovereign Immunity and Prosecutorial Immunity Defendant first challenges Gaddis’s complaint as barred by sovereign immunity and prosecutorial immunity. … As such, prosecutorial immunity extends to Zanotti in this action and bars recovery of money damages. Like sovereign immunity, prosecutorial immunity does not bar claims for prospective relief against Zanotti.

The People v. Sims

382 Ill. 472 · Illinois Supreme Court · Mar 18, 1943

It is a rule, however, long established in this State, that proceedings of a court of general jurisdiction will be presumed to be regular unless the contrary is shown. … This is clearly the intent of the'General Assembly. The purpose of such evidence is to show such mental condition.

Cantigny Trust v. Department of Revenue

171 Ill. App. 3d 1082 · Appellate Court of Illinois · Jun 30, 1988

Certain well-established principles govern the construction of the statute. … Similarly, a second building used as a staff residence also did not qualify for exemption because the employees were not required by the nature of their duties to live on the premises and no educational functions took place

United States v. Bishawi

186 F. Supp. 2d 889 · District Court, S.D. Illinois · Feb 25, 2002

Bishawi contends that the jurors’ testimony clearly establishes that Judge Riley had ex parte communications with some, if not all, of the jurors in this case. … On the other hand, the Government argues that the jurors’ testimony and the court personnel’s affidavits clearly establish that Bishawi is not entitled to a new trial.

Burlington Truck Lines, Inc. v. Interstate Commerce Commission

194 F. Supp. 31 · District Court, S.D. Illinois · Apr 27, 1961

This principle is clearly enunciated in Interstate Commerce Commission v. Union Pacific R. R. … It argues that the record clearly establishes the inadequacy of existing motor service for the movement of traffic to and from the establishments of a substantial portion of the shipping public of Nebraska, and that such

Ferrell v. Pierce

560 F. Supp. 1344 · District Court, N.D. Illinois · Apr 7, 1983

The proposed regulations provide for review of the payment plans established under both programs and they establish procedures for repayment of both forms of assistance. *1355 Specific objections to the proposed regulations … Granting HUD’s motion clearly would be a total abrogation of that obligation.

Chilcutt v. City Of Waukegan

District Court, N.D. Illinois · Sep 26, 2022

Once a qualified immunity defense is raised, the burden shifts to the plaintiff to show (1) a violation of a constitutional right and (2) that the constitutional right was clearly established at the time of the alleged … There are genuine factual issues as to whether Tabisz and Gordon violated Chilcutt’s clearly established rights or made reasonable mistakes covered by qualified immunity.

Gunning v. People

189 Ill. 165 · Illinois Supreme Court · Feb 20, 1901

Gunning was the duly elected and qualified assessor of said town of South Chicago, and while acting as such officer, on, to-wit, etc., unlawfully and corruptly did propose to receive-a bribe to influence his official action … A mere statement of the question would seem to imply a negative answer, if established rules of law governing the subject are to be regarded.

Thorp v. Thirtyacre (In Re Thirtyacre)

154 B.R. 497 · United States Bankruptcy Court, C.D. Illinois · May 19, 1993

However, the court’s reasoning in Pieters clearly is contrary to the Defendant’s contention. … While the Rule requires that a custodian or qualified witness testify that the requirements of the business records exception have been met, there is no requirement that the “qualified witness” must have personally participated

Morton Community Unit School District No. 709 v. J.M.

986 F. Supp. 1112 · District Court, C.D. Illinois · Oct 23, 1997

Citing Tatro , the Level I Hearing Officer concluded that since the record established that J.M. only required the assistance of a “nurse or another qualified person” and not a physician, J.M. did not require “medical services … The Court of Appeals was clearly correct in holding that CIC is a “supportive servic[e] ... required to assist a handicapped child to benefit from special education.”

Jenkins v. Universities Civil Service Merit Board of the State Universities Civil Service System

106 Ill. App. 3d 215 · Appellate Court of Illinois · May 4, 1982

However, the testimony establishes that plaintiff agreed that his suspension be held in abeyance pending reinvestigation of the incident. … Even assuming plaintiff was off duty at the time, a decision exonerating him of the misconduct alleged in charge (1) is not clearly required.