Case law

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

Padilla v. City of Chicago

932 F. Supp. 2d 907 · District Court, N.D. Illinois · Mar 26, 2013

Unnamed Officers also claim immunity from all of Plaintiffs’ claims under the doctrine. of qualified immunity. … But by admitting that the law applicable to this case was clearly established, Unnamed Officers have effectively conceded the second prong in the qualified immunity calculus.

Halpin v. Scotti

415 Ill. 104 · Illinois Supreme Court · Apr 21, 1953

The plain language of section 10a clearly renders appellee immune to prosecution or criminal penalty for anything concerning which he may truthfully give evidence. … No prejudice will result to appellee from an amendment of the prayer of appellant to include the establishment of a new date for the hearing.

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.

In Re Potash Antitrust Litigation

686 F. Supp. 2d 816 · District Court, N.D. Illinois · Feb 23, 2010

Therefore, this Court finds that Belaruskali qualifies as a “foreign state” under the FSIA. See 28 U.S.C. § 1603 . … The FSIA clearly states that the commercial activity must be that “of the foreign state.” 28 U.S.C. § 1605 (a)(2).

Harrell v. City of Chicago Heights, Ill.

945 F. Supp. 1112 · District Court, N.D. Illinois · Nov 1, 1996

immunity to local public entities in regard to their failure to establish an agency that provides such services. … Both phrases must be read in light of § 5-101’s title: “Establishment of fire department—fire protection—Rescue or other emergency services.” Tort Immunity Act, § 5-101 (section title).

Vergara v. City of Waukegan

590 F. Supp. 2d 1024 · District Court, N.D. Illinois · Dec 22, 2008

Whether those rights were clearly established is the next question. … Biang is not entitled to qualified immunity here either with respect to Blanks’ claim.

Haynes v. Village of Lansing

656 F. Supp. 2d 783 · District Court, N.D. Illinois · Aug 26, 2009

Qualified Immunity Defendant contends that the doctrine of qualified immunity shields all De *791 fendant Officers from liability for damages in their individual capacities. … “Police officers who use force in making an arrest are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional

Patrick v. City of Chicago

213 F. Supp. 3d 1033 · District Court, N.D. Illinois · Oct 4, 2016

Qualified immunity presents a trickier issue. … Qualified immunity protects “government officials performing discretionary functions.. .from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Janes v. Albergo

254 Ill. App. 3d 951 · Appellate Court of Illinois · Sep 17, 1993

A physician’s duty is to exercise the same degree of knowledge, skill, and care which a reasonably well-qualified physician in the same or similar community would use under similar circumstances. (Purtill v. … following established hospital policy.

Board of Trustees of Community College District No. 502 v. Department of Professional Regulation

Appellate Court of Illinois · Jan 31, 2006

There, the defendant, an employee of a community college, sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … We are aware that, when the intent of the legislature is clearly expressed and the objects and purposes of a statute are clearly set forth, the courts are not bound by the -

Rateree v. Rockett

630 F. Supp. 763 · District Court, N.D. Illinois · Mar 10, 1986

Johnson is entitled to qualified good-faith immunity for his ministerial acts. 2. City is immune under Monell. 3. Plaintiffs’ claim is now moot because they have cashed their checks. Count I 1. … That is the difference between “absolute” legislative immunity and the “qualified good-faith immunity” available to legislators acting in an administrative capacity (Wood v.

Caremark, Inc. v. Affiliated Computer Services, Inc.

195 F.R.D. 610 · District Court, N.D. Illinois · Aug 10, 2000

resistible claim is not sufficient to immunize an investigative report developed in the ordinary course of business. … This was clearly the case, as evidenced by ACS’s reaction.

Stratman v. Brent

291 Ill. App. 3d 123 · Appellate Court of Illinois · Aug 6, 1997

The defendant’s argument that he has a duty to the general public to reasonably insure that only qualified applicants become law enforcement officers is also not persuasive. … In the case at bar, the defendant’s statements were clearly meant to be a comment on the plaintiff’s ability to perform in future positions.

LeMenger v. Fitzgerald

1 Ill. App. 3d 803 · Appellate Court of Illinois · Nov 5, 1971

The statute specifically grants immunity for failure to establish a police department or otherwise to provide police protection service. … Certainly, the language of the Act which grants immunity for inadequate police protection or failure to prevent the commission of crime, clearly covers the situation where there had been a withdrawal of a previously established

Miller v. Hill

Appellate Court of Illinois · Feb 6, 2003

Under section 5(c)(3) (740 ILCS 130/5(c)(3) (West 2000)), a person qualifies for immunity if his firearm range is in compliance with the requirements of the local zoning authority. … In sum, our review of plaintiffs’ chancery action, made in light of the plain language of section 5(c), establishes that Hill is immune from a nuisance action based on noise.

Martinez v. Gonzalez

983 F. Supp. 768 · District Court, N.D. Illinois · Nov 5, 1997

Qualified Immunity Mr. Hooper argues that he is protected from individual liability based on the doctrine of qualified immunity. … Qualified immunity shields government officials from liability as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person .would have known.” Harlow v.

Pablo Star Ltd. v. Welsh Gov't

378 F. Supp. 3d 300 · District Court, S.D. Illinois · Mar 29, 2019

any immunity defense on its own behalf in response to the SAC." … The Court now asks whether Plaintiffs have demonstrated that the Welsh Government's alleged acts of copying and distribution qualify as "commercial activit[ies]" within the meaning of the FSIA.

White v. Cooper

55 F. Supp. 2d 848 · District Court, N.D. Illinois · May 20, 1999

The doctrine of qualified immunity provides that, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Deliberate indifference to an inmates safety, which places an inmate in an extremely harmful and life threatening situation, certainly qualifies as a “clearly established” violation of the of the law.

Ries v. City of Chicago

242 Ill. 2d 205 · Illinois Supreme Court · Feb 25, 2011

Clearly, Lowe was an escaping prisoner as defined by the Tort Immunity Act. … We agree with the City that this is mere semantics designed to avoid a clearly applicable immunity.