Case law

Jolly v. Michael Reese Health Plan Foundation

225 Ill. App. 3d 126 · Appellate Court of Illinois · Jan 27, 1992

According to the statute, to qualify for the immunity granted, health services corporations are required to meet several criteria: (1) 30% of the trustees of the health plan corporation must be physicians licensed to practice … The record establishes that the physician’s assistant at all times relevant to the incident was supervised by a physician.

Murray v. Chicago Youth Center

Illinois Supreme Court · Feb 16, 2007

Collins had no license or certificate qualifying him as a trampoline instructor or teacher. … Rabinoff’s opinion, Collins was not qualified to teach tumbling. Dr.

Gustein v. City of Evanston

Appellate Court of Illinois · Jun 4, 2010

The trial court determined, after hearing all of the evidence presented to the jury, that the City had failed to establish that it qualified for discretionary immunity under the Act. 745 ILCS 10/2-201 (West 2008). … The City has the burden of proving that it qualifies for discretionary immunity and the City failed to meet that burden. Van Meter, 207 Ill. 2d at 370.

Hosick v. Chicago State University Board of Trustees

924 F. Supp. 2d 956 · District Court, N.D. Illinois · Feb 14, 2013

The doctrine of qualified immunity insulates public officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established at the time of defendant’s alleged misconduct.”

First National Bank v. Village of Mundelein

166 Ill. App. 3d 83 · Appellate Court of Illinois · Feb 5, 1988

Initially, defendant contends that the evidence does not clearly and unequivocally establish that plaintiffs intended to donate the land over and under the roads to defendant for public streets. … Regarding whether or not defendant clearly and unequivocally accepted the roads, plaintiffs emphasize the following.

U.S. Bank v. Lindsey

397 Ill. App. 3d 437 · Appellate Court of Illinois · Dec 7, 2009

Atkinson testified that the Carmichael truck was subject to federal regulations that required Lindsey to be qualified and trained to possess a commercial driver’s license (CDL). … Next of Kin and Establishment of Parentage Carmichael contends that plaintiff failed as a matter of law to establish that decedent was the biological father of the children who claimed to be beneficiaries of the estate.

Mehta v. Village of Bolingbrook

196 F. Supp. 3d 855 · District Court, N.D. Illinois · Jul 25, 2016

Qualified immunity Defendants next contend that summary judgment must be entered in their favor on all claims against the named individual defendants based on qualified immunity. … Defendants further contend that the Mehtas “have failed part two of the test” for qualified immunity, that the right they claim was violated was “clearly established” at the time.

Corley v. Vance

365 F. Supp. 3d 407 · District Court, S.D. Illinois · Mar 27, 2019

Relatedly, the NYPD Defendants enjoy a qualified immunity that shields *447 them from personal liability for damages under § 1983 insofar as their "conduct does not violate clearly established statutory or constitutional … On the issue of qualified immunity, the NYPD Defendants are wrong. Plaintiff addresses qualified immunity in his Opposition. (1800 Pl. Opp. 8-9).

Clarage v. Kuzma

Appellate Court of Illinois · Jul 30, 2003

We find that, under the facts alleged, the qualified privilege does not apply. … We find that the qualified privilege does not apply. Defendant Scully also claims that his actions are protected by sections 2-206 and 2-201 of the Tort Immunity Act.

Falk v. Martel

210 Ill. App. 3d 557 · Appellate Court of Illinois · Mar 15, 1991

The case was removed to Federal court, and the defendant was granted summary judgment on count Y on the basis of qualified immunity. The remainder of the complaint was remanded back to the circuit court. … App. 2d 239 , 246 N.E.2d 24 ), nor was an employee of the Department of Transportation liable for failure to establish a no-passing zone where one was called for by State standards (Mora v.

O'Toole v. Chicago Zoological Society

2014 IL App (1st) 132652 · Appellate Court of Illinois · Oct 17, 2014

The court also rejected the defendant academy’s argument that such analysis was overly restrictive because no not-for-profit corporation could ever qualify for immunity. Id. at 439-40, 445. … “Such close interaction and comprehensive governmental control of a not-for-profit corporation exemplify the characteristics of the type of organization that may be able to qualify for immunity as a ‘local public

Johnson v. Halloran

Appellate Court of Illinois · Jan 13, 2000

These results established that Johnson could not have been the sole donor of the foreign body fluids found on the person or clothing of the victim. … Plaintiff has alleged that defendants breached their duty to use the skill and care ordinarily used by a reasonably well-qualified attorney under similar circumstances.

Golbeck v. City of Chicago

782 F. Supp. 381 · District Court, N.D. Illinois · Jan 8, 1992

Martin is being sued in his individual capacity, defendants assert that he is entitled to qualified immunity. … This is so, they claim, because plaintiff had no clearly-established right to Police Board review prior to his suspension. Should this be the case, however, Supt.

The PEOPLE v. Ferguson

20 Ill. 2d 295 · Illinois Supreme Court · Sep 29, 1960

Ferguson, is a duly elected, commissioned, qualified and de jure Judge of the Municipal Court of the City of Chicago, County of Cook, Illinois and, as such Judge, immune from indictment and trial on indictment for offenses … a confession obtained by a promise of immunity.

Magill v. Lyons (In Re Lyons)

118 B.R. 634 · District Court, C.D. Illinois · Aug 28, 1990

Moreover, the settlor of a spendthrift trust may not establish the trust for his own benefit. In re Silldorff, 96 B.R. at 864 . … A state employee has too much power over his interest in SERS for the plan to qualify as a spendthrift trust.

American Civil Liberties Union v. City of Chicago

431 F. Supp. 25 · District Court, N.D. Illinois · May 26, 1976

Clearly, the limitations placed upon the scope of the Civil Rights Act cannot be read to place the same limitations upon the Fourteenth Amendment. … Defendants further cite several appellate decisions, including one from the Seventh Circuit, which indicate that local legislative bodies enjoy a qualified privilege of immunity based upon good faith performance of their

Brooks v. Daley

2015 IL App (1st) 140392 · Appellate Court of Illinois · May 7, 2015

immunity provided under section 2-201 into sovereign immunity, creating a state where “the king can do no wrong.” … In this way defendants coerced Brooks to resign. ¶ 26 Defendants argue that such conduct is immunized because cases establish that hiring and firing decisions are considered both determinations of policy

Carroll v. Paddock

199 Ill. 2d 16 · Illinois Supreme Court · Feb 7, 2002

Plaintiff responded that HRC and the Hospital did not qualify as local public entities under the Act. … ” under the Tort Immunity Act.

Ross v. Mauro Chevrolet

Appellate Court of Illinois · Dec 28, 2006

and Governmental Employees Tort Immunity Act (Immunity Act). … Defendants also contended that -4- 1-06-0156 the officers' establishment of probable cause provided them with qualified immunity against the section 1983 claims.

Lacey v. Village of Palatine

379 Ill. App. 3d 62 · Appellate Court of Illinois · Feb 4, 2008

The court determined that the limited immunity in section 305 of the Domestic Violence Act clearly works in concert with the requirements in section 304: “section 304 creates duties; section 305 limits civil liability for … Defendants had the burden of proof in establishing their immunity. Van Meter, 207 Ill. 2d at 370 . They failed to do so.