Case law

Andres v. Campbell (In Re Andres)

288 B.R. 205 · United States Bankruptcy Court, C.D. Illinois · Sep 21, 2001

immunity in so far as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In response to this assertion of qualified immunity, the Plaintiff conceded that Defendant, Linda Campbell, was immune from liability for any damages in this case.

Varner v. Illinois State University

972 F. Supp. 458 · District Court, C.D. Illinois · Jul 30, 1997

. 3 Accordingly, the Court finds that Congress clearly intended to abrogate the States’ sovereign immunity from suit through the Equal Pay Act, and the portion of Defendants’ Motion to Dismiss which requests dismissal of … To determine who qualifies as a respondent, one has no recourse but to look to § 2000e-5(b), which defines “respondent” as, inter alia, an “employer.” ...

Manning v. Buchan

357 F. Supp. 2d 1036 · District Court, N.D. Illinois · Dec 3, 2004

Qualified immunity issues Defendants Buchan and Miller seek - to preclude evidence of various matters on which they say they are entitled to qualified immunity and which, they say, the Court “refrained from resolving” on … Third, the Court did not, in fact, refrain from ruling on the defendants’ request for summary judgment on qualified immunity as to the Brady claims.

Salte v. YMCA of Metropolitan Chicago Foundation

351 Ill. App. 3d 524 · Appellate Court of Illinois · Aug 2, 2004

Although some of the equipment normally found in an intubation kit was on the premises, the nurse did not bring it because she was not qualified to use it. … Additionally, although the complaint alleges that the paramedic was “duly qualified,” the complaint fails to indicate whether the paramedic was certified and licensed and whether the paramedic was trained or qualified to

Chawla v. Klapper

743 F. Supp. 1284 · District Court, N.D. Illinois · Jul 2, 1990

However, the Dental Practice Act only provides a qualified immunity which may be overcome by proving that there was “wanton or wilful misconduct.” Dr. … Dental Practice Act, and its provision of only a qualified immunity, a nullity.

Smithkline Beecham Corp. v. Apotex Corp.

193 F.R.D. 530 · District Court, N.D. Illinois · May 26, 2000

As with the attorney-client privilege, the burden is on the discovery opponent to establish that the work product doctrine immunizes the documents at issue from discovery. U.S. v. … All other materials for which plaintiffs claim work product immunity and to which no other privilege has been established or is claimed must be produced: 81, 90, 140, 146, 258, 267, 274, 286, 292, 293, 294, 295, 301, 305,

Giovenco-Pappas v. Berauer

2020 IL App (1st) 190904 · Appellate Court of Illinois · Sep 9, 2020

Act and the qualified-immunity provision of the Adult Protective Services Act. ¶ 21 Plaintiffs timely appealed … Currie, 148 Ill. 2d at 158. ¶ 28 Plaintiffs do not deny that defendants here would qualify as State actors who ordinarily would be entitled to sovereign immunity. And rightly so. In Toth v.

Barnes v. Chicago Housing Authority

Appellate Court of Illinois · Dec 3, 2001

Specifically, section 1437r of the Housing Act provides: "A resident management corporation that qualifies under this section * * * shall enter into a contract with the public housing agency establishing the respective management … "The party who challenges a statute's constitutionality bears the heavy burden of clearly establishing the violation alleged." Rose v. Pucinski , 321 Ill. App. 3d 92, 96 (2001).

DeBoer v. Martin

537 F. Supp. 1159 · District Court, N.D. Illinois · Apr 30, 1982

There are two types of immunity which the courts have applied to section 1983 claims: absolute (judicial and quasi-judicial) and qualified immunity. … The other type of immunity granted by the courts in a section 1983 claim is qualified immunity.

Illinois State Treausrer v. Illinois Workers' Compensation Commission

2015 IL 117418 · Illinois Supreme Court · May 22, 2015

Sovereign immunity cannot come into play here, however, for the State has expressly elected to subject itself to the provisions of the Act (see 820 ILCS 305/1(a)(1), (2) (West 2012)), thus waiving its immunity … with regard to workers’ compensation matters. ¶ 33 This waiver of immunity is not absolute, but in those limited instances where the legislature wished to preserve its immunity and exempt the State from the

Dean v. City of Chicago

896 F. Supp. 2d 699 · District Court, N.D. Illinois · Aug 5, 2012

It has been clearly established for a good half-century that the authorities cannot direct a person to engage in activity and then prosecute him for doing so. In Cox v. … Qualified immunity Defendants argue that even if there was no probable cause for Dean’s arrest, Fiorito would nonetheless be entitled to qualified immunity.

Fraser v. Universities Research Ass'n, Inc.

Illinois Supreme Court · Dec 2, 1999

While the focus of the Campground Licensing Act is clearly campground regulation, it also applies specifically to recreational areas. … In 1987, amendments to the Recreational Use Act and the Campground Licensing Act effected changes which indicate both a legislative intent to broaden the category of land qualifying for the immunity of the Recreational Use

LaSalle National Bank v. County of Lake

579 F. Supp. 8 · District Court, N.D. Illinois · Feb 6, 1984

To the extent that the county board members and village trustees were acting in an administrative rather than legislative capacity, they have only qualified immunity, see, e.g., Scheuer v. … Qualified immunity is an affirmative defense which must be pleaded by the particular defendant and thus is not an appropriate ground to support a motion to dismiss. Gomez v.

Moss v. Miller

254 Ill. App. 3d 174 · Appellate Court of Illinois · Dec 22, 1993

Sovereign Immunity Dr. Miller and Dr. Gibbens contend that under the doctrine of sovereign immunity, the Court of Claims has exclusive jurisdiction over plaintiff’s tort action. … Evidence established that plaintiff suffered a severe injury which could cause him problems the rest of his life.

Taylor v. Bi-County Health Department

2011 IL App (5th) 90475 · Appellate Court of Illinois · Aug 4, 2011

established by the DHHS [United States Department of Health and Human Services] Advisory Committee on Immunization Practices, unless (a) *** I deem such compliance to be medically inappropriate; or (b) the particular … Without any argument or evidence to show control, the plaintiffs cannot establish the special duty exception to the public duty rule.

Mnyofu v. Board of Education

832 F. Supp. 2d 940 · District Court, N.D. Illinois · Jun 2, 2011

A two-part test is used to resolve the issue of qualified immunity. … At this juncture, therefore, it would be premature to grant the Individual’s Defendants’ Motion to Dismiss Count I on the grounds of qualified immunity.

Spiegel v. Rabinowitz

924 F. Supp. 883 · District Court, N.D. Illinois · Apr 9, 1996

If they step over the line into, say, police work, they lose absolute immunity and are left with qualified immunity. … same thing are protected only by qualified immunity.

Schmidt v. City of Lockport, Ill.

67 F. Supp. 2d 938 · District Court, N.D. Illinois · Oct 14, 1999

Qualified immunity shields state actors from suits alleging liability for constitutional violations if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person should … The Seventh Circuit has established a two-part test for a ruling on qualified immunity: (1) whether the conduct sets out a constitutional violation; and (2) whether the constitutional standards were clearly established at

Sexton v. City of Chicago

976 N.E.2d 526 · Appellate Court of Illinois · Aug 16, 2012

Loumiet, who was qualified as an expert witness on accident reconstruction and highway safety. … Thus, despite the majority’s contention to the contrary, it is unreasonable to conclude that the City had immunity based on an initial installation when the evidence clearly establishes subsequent improvements

Juici-Rich Products, Inc. v. Lowe

735 F. Supp. 1387 · District Court, C.D. Illinois · Apr 23, 1990

Lowe further contends that in any event his actions are not subject to § 1983 sanctions because he is entitled to qualified immunity, since his conduct did not violate any clearly established statutory or constitutional rights … to deflect Lowe’s qualified immunity argument.