Case law

People v. Perruquet

41 Ill. App. 3d 543 · Appellate Court of Illinois · Aug 25, 1976

The above law is clearly explained in 24B C.J.S. … merely administrative notice by court to executive department, calling attention to legislative policy that when such sentence is about to expire, question of grace and mercy should be considered and propriety of granting qualified

Cohen v. Vaughn

2021 IL App (2d) 210084-U · Appellate Court of Illinois · Mar 8, 2021

The Lewis court established two requirements to determine if the candidate has complied with the requirement of nomination. … Id (noting that the apparent purpose of requiring a statement of candidacy is to obtain a sworn statement from the candidate establishing his qualifications for the office he seeks).

Doe v. School District U-46

District Court, N.D. Illinois · Aug 27, 2021

Here, Defendants’ response to the December 17 report of harassment was not clearly unreasonable. … Turning first to the question of immunity, Defendants argue that Sections 2-103 and 2-205 of the Tort Immunity Act apply.

People v. Powell

355 Ill. App. 3d 124 · Appellate Court of Illinois · Dec 30, 2004

Burdunice, 211 Ill. 2d 264, 269 , 811 N.E.2d 678 (2004) (stating that “criminal law” qualifies as a legitimate single subject for a statute)), then all criminal statutes will qualify for cross-comparison analysis. … The risk of bodily harm clearly is greater where an offense involves the discharge of a firearm at someone, than it is where the offense merely requires the discharge of a firearm.

Gray v. City Of Chicago

District Court, N.D. Illinois · Mar 29, 2022

Qualified Immunity Alternatively, Brown argues that he is entitled to qualified immunity as to Gray’s claims. … (2) that right was ‘clearly established at the time of the alleged violation.’”

First National Bank v. Lowrey

Appellate Court of Illinois · Jun 29, 2007

In this case, we believe the record clearly establishes that the trial court in the underlying action would have approved the settlement. … App. 3d at 674 (finding that a release entered into as part of a settlement agreement did not establish a debtor-creditor relationship and thus qualify as an instrument in writing because the obligation to pay arose out

Carroll v. City of Oak Forest

District Court, N.D. Illinois · May 18, 2020

Both the TIA’s immunity provisions and its statute of limitations provision are affirmative defenses, so the burden is on the defendants to establish that that the TIA bars liability. Van Meter v. … Thus, the Court finds Section 2-201 immunity does not clearly apply here, and because Section 2-201 immunity does not apply, neither does Section 2-109 immunity.

Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

2017 IL 117720 · Illinois Supreme Court · Feb 17, 2017

¶5 The record before us, when viewed according to the foregoing principles, establishes the following. … The appellate court held that this claim was barred by section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-107 (West 2012)), which immunizes local public

People v. Thomas

266 Ill. App. 3d 870 · Appellate Court of Illinois · Sep 20, 1994

to avoid sentencing the Class 1 or 2 offender to a Class X sentence where the offender so qualifies under this provision”). … -Wigmore observes that it is impossible to fix with any certainty the years in which the classic exceptions to the rule were established.

Lenzen v. Miller

378 Ill. 170 · Illinois Supreme Court · Nov 18, 1941

Miller, the executor named in the will, duly qualified as such executor and continues to act in that capacity. Plaintiff (appellant) Lincoln Y. … It is well established that the intention of the testator which courts will carry into effect is that expressed by the language of the will.

King v. City of Chicago

324 Ill. App. 3d 856 · Appellate Court of Illinois · Aug 16, 2001

ANALYSIS On appeal, King contends the trial court erred in ruling that the CHAPD and Hixon were immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … The trial court found the CHAPD and Hixon were immune from liability for Hixon’s statements under the Tort Immunity Act. 745 ILCS 10/1 — 101 et seq.

Owens v. Illinois Department of Human Services

District Court, N.D. Illinois · Sep 25, 2023

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Second, if there was a constitutional violation, the court must determine whether the violated right was “clearly established.” Id. Defendants here address only the first prong of the qualified immunity inquiry.

Larsen v. Provena Hospitals

2015 IL App (4th) 140255 · Appellate Court of Illinois · Feb 26, 2015

Thus, by its plain language, the legislature clearly intended that the Whistleblower Act would apply to physicians who satisfied the statutory defini- tion of employee. … See 105 ILCS 5/14A-30 (West 2010) (ex- plaining the funding available through the Illinois Board of Education for qualified programs fo- cused on the education of gifted and talented children).

Melvin v. Lamar Insurance

80 Ill. 446 · Illinois Supreme Court · Sep 15, 1875

This is the doctrine, as we regard, abundantly established by judicial decisions. In the case of Blodgett v. … Clearly, then, he ought to be held to his contract.

Johnson v. EDWARDSVILLE NAT. BANK & TR.

229 Ill. App. 3d 835 · Appellate Court of Illinois · May 5, 1992

Also without merit is plaintiff’s contention that the banks should be regarded as having owed him a fiduciary duty and, as fiduciaries, they should not qualify as a “third parties” who are entitled to invoke the statute’s … Mark Twain Bank, Clover Leaf, and First Federal Savings and Loan argue, in the alternative, that summary judgment was nevertheless properly granted in their favor on the forgery counts because plaintiff failed to establish

Smith v. Godinez

District Court, N.D. Illinois · Jan 23, 2023

illegality of the official’s conduct was not clearly established at the time he acted.” … Smith alleges were therefore clearly established at the times they occurred. Accordingly, qualified immunity is denied.

Ozinga Chicago Ready Mix Concrete, Inc. v. City of Chicago

209 F. Supp. 2d 917 · District Court, N.D. Illinois · Jun 19, 2002

It is clearly qualified. It has been a supplier of ready-mix concrete to the City for years. … The City, by urging that relief be denied because there is no irreparable harm, has thereby indicated that Ozinga can establish any losses, and it accepts that risk.

Maddux v. Blagojevich

233 Ill. 2d 508 · Illinois Supreme Court · Jun 18, 2009

Instead, it resolved the case by construing the Act as not barring a “person over the age of 75[,] and otherwise qualified to serve as a judge from running in a judicial election.” Anagnost, 230 Ill. App. 3d at 544 . … As already pointed out, section 11 of the judicial article establishes only three criteria for eligibility to be a judge.

People v. Allen

184 Ill. App. 3d 438 · Appellate Court of Illinois · May 23, 1989

The testimony of the witnesses established the following. … In Nathaniel, the State was uncertain whether the facts of the case qualified it for a sentence of death, and if it did, whether such a penalty would be sought.

Lander Co., Inc. v. MMP Investments, Inc.

927 F. Supp. 1078 · District Court, N.D. Illinois · Jun 4, 1996

Further, the technical service agreement states, in relevant part, that respondent “will use its best efforts to promote the sale of a maximum quantity” of petitioner’s product “including the establishment and development … The arbitral award at issue was clearly made in the United States.