Case law

Johnson v. People

113 Ill. 99 · Illinois Supreme Court · Jan 22, 1885

As a bailee is one who has the possession and a qualified property in goods or other personal property under a contract with the owner, either express or implied, it follows from what we have said, and the authorities just … If a conviction under the statute was relied on, the indictment should clearly have set out the fiduciary relation of the accused with respect to the money,—or, in other words, should have set out the facts constituting the

Bryant v. Whalen

759 F. Supp. 410 · District Court, N.D. Illinois · Jan 18, 1991

In this case, the statute has clearly run, and the circumstances are quite unrelated to those in Fi-lippi and King. … Defendants Urbikas and Behnke base their motion for summary judgment on this claim on the argument that they are immune from suit.

Andersen v. Village of Glenview

District Court, N.D. Illinois · Nov 28, 2018

Qualified immunity shields a police officer from civil damages unless the officer violated a constitutional right that was clearly established at the time of the challenged conduct. … The Court is also unwilling to apply the doctrine of qualified immunity at this stage because it is clearly established (see County of Riverside, supra) that arrestees may not be detained for improper purposes.

Barber-Colman Co. v. A & K Midwest Insulation Co.

236 Ill. App. 3d 1065 · Appellate Court of Illinois · Nov 13, 1992

The motion stated that suit on the bond was filed February 21, 1991, and that in order to qualify under the terms of the bond A&K must have worked on the construction project after February 21, 1990. … that one or more of them was so clearly unfounded in fact that a trial would be a useless expenditure of limited resources, became obvious. *** *** Summary judgments themselves were first established by statute in England

Allied Delivery System, Inc. v. Illinois Commerce Commission

93 Ill. App. 3d 656 · Appellate Court of Illinois · Feb 20, 1981

Stat. 1977, ch. 95%, par. 18 — 100(10)), Allied could not qualify as a contract carrier. … The speculation indulged in by the Commission is clearly an unsatisfactory and unacceptable basis for its decision.

Conroy v. City of Chicago

708 F. Supp. 927 · District Court, N.D. Illinois · Mar 16, 1989

Specifically, plaintiff must prove four elements: (1) a conspiracy (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … This response did not clearly and concisely state what facts plaintiff believed to be in issue, nor did it clearly state which of defendants’ stated facts were disputed by plaintiff.

Goulding v. United States

726 F. Supp. 707 · District Court, N.D. Illinois · Nov 29, 1989

One ovf the corollaries of the doctrine of sovereign immunity (applicable to taxpayer refund suits, Mallette Bros. Construction Co. v. … It may be that a distinction may be made in that respect between a limitation on suit established directly by Congress and one established by Treasury Regulations (though pursuant to congressional authorization).

In Re Marriage of Papeck

95 Ill. App. 3d 624 · Appellate Court of Illinois · Apr 16, 1981

It is clearly established that Rlinois circuit courts have jurisdiction to hear all justiciable issues. (Ill. Const. 1970, art. VI, §9; People v. … The court discussed several distinctions between public and private pension funds which justify the legislature's immunization of public pension funds from garnishment and attachment.

Haas v. Group Health Plan, Inc.

875 F. Supp. 544 · District Court, S.D. Illinois · Dec 27, 1994

Because the Court clearly possesses diversity jurisdiction, subject matter jurisdiction is not an issue. … In addition, if costs were determinative, employee plans would be exempt from nearly all state tort laws, and they clearly are not.

People v. Cetwinski

2018 IL App (3d) 160174 · Appellate Court of Illinois · Feb 4, 2019

Yet the court clearly prefaced its smoking-related instructions by stating “I know that some of you want to go outside for a few minutes.” … Rep. 1027, 1028 (King’s Bench) (no immunity when the court was without jurisdiction); Pulliam v.

Curran v. Bosze

141 Ill. 2d 473 · Illinois Supreme Court · Dec 20, 1990

Bosze and the guardian ad litem for Jean Pierre contend the evidence clearly and convincingly establishes that the twins, if competent, would consent to the bone marrow harvesting procedure. Ms. … I am of the opinion that it must be clearly established that the surgical intrusion is urgent, that there are no reasonable alternatives, and that the contingencies are minimal.

Coffey v. United States

District Court, S.D. Illinois · Jul 8, 2024

The Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins … Meyer, 510 U.S. 471, 486 (1994) (finding no direct cause of action for damages against federal agency because of sovereign immunity).

Johnson v. Zaremba

381 F. Supp. 165 · District Court, N.D. Illinois · Aug 23, 1973

The affidavit submitted by the defendants clearly brings their apartment building within this exemption of Title VIII. … Moreover, lower federal courts have consistently interpreted Jones to have established that the ban against racial discrimination which exists under Section 1982 was not modified by the passage of Title VIII.

In Re Estate of Greenspan

137 Ill. 2d 1 · Illinois Supreme Court · Jul 9, 1990

The majority acknowledges that the evidence at the hearing in the circuit court established that Mr. Greenspan’s death will not be imminent unless the feeding tubes are removed. … In Longeway, this court held that the evidence must clearly and convincingly demonstrate that an incompetent patient, if competent, would refuse nutrition and hydration under the circumstances.

Harris

District Court, C.D. Illinois · Feb 2, 2026

A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … Plaintiff states that an Adjustment Committee found Plaintiff violated the rule against assault, which Plaintiff claims clearly establishes that he was assaulted. (Pl. Compl., Doc. 1 at 5, 7.) C.

Anderson v. Illinois Department of Professional Regulation

Appellate Court of Illinois · May 13, 2004

Gorchynsky to be more qualified and giving his testimony more weight, disagreed with the ALJ. The Board found that the following acts or omissions by Dr. … The Director’s decision was not clearly erroneous and therefore must be affirmed.

Suwalski v. Suwalski

112 Ill. App. 2d 98 · Appellate Court of Illinois · Apr 1, 1969

However, the court did hold that the contract was “clearly apparent from the four corners of the will,” and the will was upheld. … Under these decisions the will in the instant case established a contract.

Fennerty v. City of Chicago

33 N.E.3d 737 · Appellate Court of Illinois · May 18, 2015

-3- No. 1-14-0679 to section 3-106 of the Tort Immunity Act. … ¶ 21 In so holding, the Tagliere court followed the established rule that to find an entity guilty of willful and wanton conduct under the Tort Immunity Act, one must show it had actual or constructive knowledge of

Johnson v. The Village of Palatine

2024 IL App (1st) 232238-U · Appellate Court of Illinois · Aug 9, 2024

As to discretionary immunity, the court found the Village was entitled to immunity as to some of Johnson’s allegations regarding the sidewalk replacement program, but it was not immune from all such allegations. … Thus, Johnson was clearly permitted to ride his bicycle on the subject sidewalk.

Gaul v. Truth Now LLC

District Court, C.D. Illinois · Aug 24, 2022

The Court does not find that Plaintiff’s pleading unambiguously establishes Defendant’s claim to CDA immunity. Accordingly, Defendant’s motion to dismiss premised on the CDA is DENIED. … This clearly distinguishes this case from those Defendant cites.