Case law

Hoskins v. Swisher

District Court, S.D. Illinois · May 17, 2023

’s conduct unless: (1) they violated a federal statutory or constitutional right; and (2) the unlawfulness of this conduct “was clearly established at the time.” … Therefore, the defendants are not entitled to qualified immunity with respect to the claims asserted in Counts 1 and 2.

Levit v. Ingersoll Rand Financial Corp. (In Re V.N. Deprizio Construction Co.)

86 B.R. 545 · District Court, N.D. Illinois · Apr 27, 1988

This definition clearly looks from the payer’s vantage point. Only a payer “dispos[es] of or part[s] with property.” A payee receives or acquires property. … The Trustee must establish each of the elements of avoidable preferences including that the transfer was made on account of an antecedent debt. § 547(b)(2).

Santella v. City of Chicago

721 F. Supp. 160 · District Court, N.D. Illinois · Sep 12, 1989

To provide City’s departments with the flexibility needed to handle personnel problems, it has become a clearly established City policy to use “titles in lieu.” … First, the scandal at MMD simply cannot qualify as an “emergency” under Code § 3-11.

McCormick v. Bucyrus-Erie Co.

81 Ill. App. 3d 154 · Appellate Court of Illinois · Feb 7, 1980

While Geary could not recall this at trial, his deposition testimony clearly indicated that the crane had sunk, perhaps 6 inches, on the northwest track and that the stop and maneuvering near the footing was done in order … No sufficient foundation was laid establishing that these men were qualified to give their opinions on the question asked.

Winter v. Quern

490 F. Supp. 788 · District Court, N.D. Illinois · Apr 9, 1980

Under the program, the state makes payments to qualified providers of health services on behalf of eligible or medically needy persons. … Nonetheless, it remains the burden of the moving party to clearly establish the nonexistence of any genuine issue of material fact. Cedillo v.

Village of Schaumburg v. Doyle

277 Ill. App. 3d 832 · Appellate Court of Illinois · Feb 5, 1996

Baltimore (1933), 289 U.S. 36, 40 , 53 S.Ct. 431, 432 , 77 L.Ed. 1015 , 1020: "A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the Federal Constitution … the plaintiffs to establish a constitutional violation.

People v. Johnson

159 Ill. App. 3d 991 · Appellate Court of Illinois · Aug 21, 1987

Kemp (11th Cir. 1986), 794 F.2d 1478, 1483 , prosecutors could allow one or two black jurors to serve on the jury to immunize their other challenges. … We cannot say that the court’s acceptance of these answers was clearly erroneous.

In Re VT

306 Ill. App. 3d 817 · Appellate Court of Illinois · Aug 3, 1999

Respondent argues that, even if the report qualifies as a business record and a proper foundation is established, it is nevertheless inadmissible because its purpose was improper. … Initially, a review of the record clearly indicates that the report was not prepared in anticipation of future discipline.

Cooper v. Illinois Publishing & Printing Co.

218 Ill. App. 95 · Appellate Court of Illinois · Apr 21, 1920

And, so, it is the law, that, although publishing the truth, without malice, carries with it immunity from prosecution, publication of that which is false entails liability. … Until the contrary is established by evidence, we must assume that the facts set forth in that record speak the truth and that they spoke the truth when the defendant’s reporter consulted them.

People v. Rucker

346 Ill. App. 3d 873 · Appellate Court of Illinois · Aug 19, 2003

That forensic chemist Gwendolyn Brister is employed by the Chicago — Illinois State Police and is qualified to testify as an expert in the area of forensic chemistry. … Rule 606 clearly states that when a timely posttrial or postsentencing motion has been filed by “counsel or by defendant, if not represented by counsel, any notice of appeal filed before entry of the order *** shall have

Illinois Ex Rel. Hartigan v. Panhandle Eastern Pipe Line Co.

730 F. Supp. 826 · District Court, C.D. Illinois · Jan 16, 1990

However, all of these established points beg the question. … Panhandle asserts that its conduct was immune under both standards. The courts do not generally favor implied antitrust immunities.

Doyle v. White Metal Rolling & Stamping Corp.

249 Ill. App. 3d 370 · Appellate Court of Illinois · Jun 29, 1993

This evidence was clearly relevant in terms of time because it established that defendants were aware that the ladder used by plaintiff was not meeting safety standards which were to take effect in the immediate future. … There is no question but that the above statement qualified as a spontaneous declaration.

Iglesias v. True

District Court, S.D. Illinois · Oct 22, 2021

granted on qualified immunity grounds. … right; and (2) whether that constitutional right was clearly established at the time of the alleged violation.’”

People v. Lattimore

2011 IL App (1st) 93238 · Appellate Court of Illinois · Sep 2, 2011

James Lee Qualifies as a “Merchant” ¶ 86 Defendant argues that the State failed to prove beyond a reasonable doubt that James Lee qualifies a “merchant” under section 16A-2.4. … For the reasons discussed below, we find that the evidence in the trial record was sufficient to establish that Lee was an “independent contractor” of the Family Dollar Store and therefore qualifies as a “merchant

Mile Square Service Corp. v. City of Chicago Zoning Board of Appeals

42 Ill. App. 3d 849 · Appellate Court of Illinois · Sep 28, 1976

The last two witnesses called by plaintiff were qualified as real estate experts. The first expert witness was both a real estate broker and an appraiser. … But we are not persuaded to disturb the Zoning Board’s decision since our examination of the record compels us to conclude that an opposite decision is not clearly evident. Wolbach v.

People v. Priest

297 Ill. App. 3d 797 · Appellate Court of Illinois · Jul 22, 1998

qualify. … The evidence clearly showed that, on that night, she explicitly refused entry by defendant. Defendant presented no evidence Peggy authorized him to enter her home on that night.

United States Ex Rel. Erickson v. Schomig

162 F. Supp. 2d 1020 · District Court, N.D. Illinois · Sep 28, 2001

“[A] state court acts contrary to clearly established federal law if it applies a legal rule that contradicts [the Supreme Court’s] prior holdings.” Ramdass v. … It thus is an unreasonable application of clearly established Supreme Court precedent.

Rochon v. Dillon

713 F. Supp. 1167 · District Court, N.D. Illinois · May 8, 1989

His EEOC filings do not qualify for that purpose (Deubert, 820 F.2d at 758 ; Daigle v. Gulf States Utilities Co., Local Union Number 2286, 794 F.2d 974, 979-80 (5th Cir.1986)). … Clearly defendants’ conduct described by plaintiffs is not conceptually different from that example.

Mina v. Board of Education for Homewood-Flossmoor, Community High School District 233

348 Ill. App. 3d 264 · Appellate Court of Illinois · Apr 23, 2004

Consequently, we employ a clearly erroneous standard of review in the instant case, and note, accordingly, that a decision rendered by the hearing officer or the Board is clearly erroneous only when, based on the entire record … Accordingly, because the University Park home — the Anghels’ true permanent residence— was outside the boundaries of the district, Andra did not qualify as a resident student at the start of the 2002-03 school year and could

Water Pipe Extension v. City of Chicago

195 Ill. App. 3d 50 · Appellate Court of Illinois · Mar 30, 1990

Our review of the record does not convince us that a conclusion opposite to that reached by the Board is clearly evident. … For that reason, the Board’s holding that the unions failed to establish an unfair labor practice on the part of the City is affirmed.