Case law

Evans v. Page

341 Ill. App. 3d 486 · Appellate Court of Illinois · Jun 18, 2003

Section 202 of the ADA provides as follows: “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the … Although Congress properly and clearly expressed its intent to do so, it acted on the basis of an inadequate record and imposed a remedy that is neither congruent nor proportional to the problem it identified.”

Northwestern Life Ass'n v. Stout

32 Ill. App. 31 · Appellate Court of Illinois · Nov 23, 1889

Thus apparently treating premiums as dues, and the term annual as qualifying both. … The statute does not make provision for all of them the condition of the immunity here claimed, but gives authority to provide for all, or for any less than all, with the immunity upon other conditions expressed, which are

Feltmeier v. Feltmeier

207 Ill. 2d 263 · Illinois Supreme Court · Sep 18, 2003

In addition to the three issues certified for review, the court addressed an immunity issue raised by Robert on appeal. … However, in this case, brought after the parties were divorced, “there is clearly no marital harmony remaining to be preserved.” Henriksen, 622 A.2d at 1139 .

Joseph Construction Co. v. Board of Trustees of Governors State University

362 Ill. Dec. 386 · Appellate Court of Illinois · Jul 20, 2012

Ellis, 102 Ill. 2d at 394-95. ¶ 41 Ellis, Raymond and their progeny clearly hold that our state colleges and universities are “the State” for purposes of sovereign immunity and must be sued in the Court of Claims … While the plaintiff qualifies that statement with the suffix “after the enactment of P.A. 89-4,” as noted above, we find nothing in Public Act 89-4 that changes the applicability of principles of sovereign immunity

Anthony v. O'Fallon Township High School District 203 Board of Education

District Court, S.D. Illinois · Jan 23, 2024

The Supreme Court has stated that “qualified immunity questions should be resolved at the earliest possible stage of a litigation” because “[o]ne of the purposes of the Harlow qualified immunity standard is to protect public … Tamayo’s complaint as true, the defendants violated a clearly established constitutional right; therefore, a grant of qualified immunity is inappropriate at this point in the proceedings.”).

In Re Linc Capital, Inc.

280 B.R. 640 · United States Bankruptcy Court, N.D. Illinois · Jul 18, 2002

The filing of such Complaint would clearly be an act of waiver of sovereign immunity, (Lapides v. … The wording of Conclusion “M” *646 qualifies the sale for possible application of 11 U.S.C. § 1146 (c).

Eagan v. Chicago Transit Authority

158 Ill. 2d 527 · Illinois Supreme Court · Apr 21, 1994

In interpreting the scope of immunity granted by section 27, we are guided by certain well-established principles of statutory construction. … Clearly, the allegations in Eagan’s complaint fall within the provisions of circumstance (2)(b) listed above. In his brief, however, Eagan contends that section 27 does not provide the CTA with immunity in this case.

Downey v. Wood Dale Park District

286 Ill. App. 3d 194 · Appellate Court of Illinois · Jan 8, 1997

Immunity provided under section 3—108(a) of the Tort Immunity Act (745 ILCS 10/3—108(a) (West 1994)) qualifies as such an affirmative matter. Payne v. Lake Forest Community High School District 115, 268 Ill. … Clearly, this case differs from all the cases that have found a special duty to exist.

Estate of Herington v. County of Woodford

250 Ill. App. 3d 870 · Appellate Court of Illinois · Sep 9, 1993

If plaintiffs established the culverts were an improvement to real property, section 13-214(a) of the Code would apply; if not, section 8-101 of the Tort Immunity Act would apply. … Moreover, they failed to file any affidavits to establish that there was construction of an improvement to real property.

Molitor v. Kaneland Community Unit District No. 302

24 Ill. 2d 467 · Illinois Supreme Court · Mar 23, 1962

the rule herein established shall apply only tó cases arising out of future occurrences.” ( 18 Ill.2d 11, 26-7 .) … It should be evident that this holding in no way modifies or affects our holding in the Molitor case or the cut-off date relative to governmental tort immunity as previously established in that case, and therefore, does not

Stewart v. Roe

776 F. Supp. 1304 · District Court, N.D. Illinois · Nov 1, 1991

Contrary to Trettene-ro’s contention, case law clearly establishes that “one who is given a badge of authority of a police officer may not ignore the duty imposed by his office and fail to stop other officers who summarily … Regardless, Trettenero contends that her actions should be shielded by the doctrine of qualified immunity. In the present posture of this case, that argument is premature.

Midwest Construction Co. v. Illinois Department of Labor

684 F. Supp. 991 · District Court, N.D. Illinois · May 18, 1988

In the alternative, they contend that they are entitled to the immunity that protects municipalities in the implementation of a clearly articulated policy of the state. … Subsequently, the Court determined that the second prong of the MidCal test is inapplicable to municipalities; a municipality need not be supervised by the state in order to qualify for state immunity. See Hallie v.

Rosenbaum v. State

30 Ill. Ct. Cl. 560 · Court of Claims of Illinois · May 12, 1975

It is a well-established principle of the common law that an immunity exists in favor of public officials when they are exercising their official discretion on matters which are discretionary in nature and not ministerial … Quite apart from the doctrine of governmental immunity, the case law in this State has developed the doctrine of public officials immunity.

Napolitano v. Ward

317 F. Supp. 83 · District Court, N.D. Illinois · Aug 5, 1970

His third allegation of a constitutional violation is that reliance upon his testimony as establishing cause for his removal violated his privilege against self-incrimination. … There appears to be a substantial question whether Courts Commission proceedings qualify as “proceedings in a State court” and, if so, whether the relief requested falls under the statute’s prohibition.

Village of Bloomingdale v. C.D.G. Enterprises, Inc.

314 Ill. App. 3d 210 · Appellate Court of Illinois · Jun 21, 2000

It is settled that section 2 — 206 provides employees with absolute, not qualified, immunity. Glenn v. City of Chicago, 256 Ill. App. 3d 825, 842 (1993); Foster & Kleiser, 146 Ill. App. 3d at 932. … App. 3d 235, 236-37 (1987) (section 2 — 205 provides absolute immunity). That is clearly the choice our legislature made with section 2 — 104.

Rubin v. Islamic Republic of Iran

408 F. Supp. 2d 549 · District Court, N.D. Illinois · Dec 15, 2005

Plaintiffs move for partial summary judgment establishing that as a matter of law no party other than Iran may raise Iran’s Section 1609 immunity defenses. … Creating new rights in this case is particularly unnecessary, as Iran is clearly capable and willing to assert immunity defenses when it so desires.

Fitzgerald v. Santoro

842 F. Supp. 2d 1064 · District Court, N.D. Illinois · Jan 31, 2012

Moreover, I conclude that even if probable cause for defendants’ entry and seizure were lacking, they are entitled to qualified immunity on plaintiffs § 1983 claims. … The doctrine of qualified immunity allows officers the ability to make such difficult decisions as part of effectively performing their duties.”)

Jimenez v. Department of Financial & Professional Regulation

2020 IL App (1st) 192248 · Appellate Court of Illinois · Dec 28, 2020

The sole issue in that case was whether the absolute immunity provided by one statute or the limited immunity provided by a different statute applied to the claims. Id. … There was a clear conflict among the statutory provisions as both immunities could not apply.

Moran v. City of Chicago

286 Ill. App. 3d 746 · Appellate Court of Illinois · Feb 5, 1997

immunity. … In view of our finding that the plaintiff has failed to sufficiently plead his section 1983 claim, we need not discuss the issue of qualified immunity. 7 In his appellant’s brief, the plaintiff asks this court to order the

Jones v. Morris

769 F. Supp. 274 · District Court, N.D. Illinois · Jun 29, 1989

“Qualified immunity” also insulates them from that prospect. Harlow v. … To be sure, a deliberate failure to cure a known life threat (for example) was a “clearly established” Eighth Amendment violation in 1981.