Case law

Paul-Edwards

District Court, C.D. Illinois · May 8, 2026

burden to show that they violated clearly established law when they failed to prevent misconduct which they had no knowledge of. … Defendants’ qualified immunity argument turns on a disputed factual issue—whether Defendants were deliberately indifferent—which is not suitable for resolution at the pleading stage. Roldan v.

Golder v. Bressler

105 Ill. 419 · Illinois Supreme Court · Jan 31, 1883

The evidence offered to establish the contents of the deed we also regard as equally sufficient. … defendant in error, and plaintiffs in error now claim that no interest or title passed by that deed, and to sustain this position they invoke the familiar doctrine that where several trustees are appointed by name, and all qualify

Rexroth v. Schein

206 Ill. 80 · Illinois Supreme Court · Dec 16, 1903

The record shows there were vacancies in the office of justice of the peace and in two offices of constable in that precinct, and that Henry Riebling and Andrew Plutoski qualified as constables and that Louis Weihl qualified … Appellant insists that the penciled words on the tickets clearly indicated an attempt to vote for Riebling and Plutoski for constables.

Schlosser v. State

358 Ill. Dec. 359 · Appellate Court of Illinois · Jan 18, 2012

As such, we must determine whether this offense involves the use or threat of physical force or violence against any individual in order to qualify as a forcible felony. 720 ILCS *434 5/2-8 (West 2010). … Defendant, through his actions both on the computer and in driving to meet someone he thought was a 14-year-old girl, and then telling police he was the girl's uncle, clearly exhibited the "contemplation" and "implied willingness

Ruzhinskaya v. Healthport Techs., LLC

291 F. Supp. 3d 484 · District Court, S.D. Illinois · Mar 14, 2018

In that hypothetical circumstance, HealthPort argues, Beth Israel clearly would have been entitled to treat the 75 cents per page that it paid HealthPort as a "cost incurred" by Beth Israel. … Thus, HealthPort's charging practices with respect to Ruzhinskaya do not, by any means, clearly breach the agreement.

German National Bank v. Meadowcroft

4 Ill. App. 630 · Appellate Court of Illinois · Dec 8, 1879

But the statute itself, clearly recognizes the principle that warehouse receipts represent and are evidence of title to the grain itself, and not mere promissory notes, payable in grain. … It is true, the warehouseman, until demand and payment of the storage'by the holders of the receipts, was entitled to possession, and so had a qualified property, as bailee or custodian, and such qualified property subsisted

Turner v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · May 29, 2020

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … 2) whether the right at issue was clearly established at the time of the alleged misconduct.

T.M. Sweeney & Sons, LTL Services, Inc. v. Crawford (In Re T.M. Sweeney & Sons, LTL Services, Inc.)

120 B.R. 101 · United States Bankruptcy Court, N.D. Illinois · Sep 21, 1990

The credibility of asset valuations set forth on the balance sheet was established by the testimony of Sweeney during the trial. Sweeney was duly qualified to attest to the information given on the balance sheet. … The statute clearly does not require an actual delivery of the discovered assets until the turnover order is entered.

Johnson v. State

48 Ill. Ct. Cl. 345 · Court of Claims of Illinois · May 15, 1996

The law is well established that in order to maintain an action in negligence the Claimant must establish by a preponderance of the evidence that the Respondent owed Claimant a duty, that the duty to Claimant was breached … Clearly, the injury to the Claimant was an unfortunate incident, but there is not credible evidence to establish that the Respondent or its agents were in any way negligent by act or omission.

People v. Grant

2016 IL 119162 · Illinois Supreme Court · Jun 24, 2016

The State responded that a respondent could always hire an independent expert -4-  at his own expense even if he did not qualify for a court-appointed one. … In an initial commitment proceeding, the court appoints two “qualified psychiatrists” to evaluate the respondent, determine whether he is a sexually dangerous person, and prepare for the court a written report

Sisk v. Williamson County

261 Ill. App. 3d 49 · Appellate Court of Illinois · Apr 13, 1994

At the heart of this dispute is section 3—102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1991, ch. 85, par. 3—102(a) (now 745 ILCS 10/3—102(a) et seq. (West 1992))). … Clearly, the legislature was aware that pedestrians make use of the highways of this State. This is manifest due to the mere existence of the statute.

Connick v. Suzuki Motor Co., Ltd.

212 Ill. Dec. 17 · Appellate Court of Illinois · Sep 29, 1995

These allegations establish that Suzuki knew the transactions were "troublesome and must be watched.” Ill. Ann. … We agree that these statements are merely subjective descriptions and do not qualify as fraudulent misrepresentations of fact.

Dozoretz v. Frost

145 Ill. 2d 325 · Illinois Supreme Court · Nov 21, 1991

To prevail in a specific-objection proceeding, the taxpayer must establish that “the valuation has been fraudulently made.” (Clarendon Associates v. Korzen, 56 Ill. 2d at 104 .) … A mere overvaluation or undervaluation of property is not enough to establish that an assessment was fraudulently made. (People ex rel. Rogers v. Odin Coal Co. (1909), 238 Ill. 279, 282 .)

People v. Madrigal

241 Ill. 2d 463 · Illinois Supreme Court · Mar 24, 2011

All statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution. People v. … Because any one of the pieces of information listed qualifies as “personal identifying information” for purposes of committing the offense listed in section 16G — 15(a)(7), a person who simply uses someone’s name for the

Taylor v. The Board of Education of the City of Chicago

2014 IL App (1st) 123744 · Appellate Court of Illinois · Jun 23, 2014

The plaintiff later qualified for workers’ compensation as a result of his injuries. … a clearly mandated public policy.

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 27, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.” Id. at 467.

Engle v. Department of Financial and Professional Regulation

2018 IL App (1st) 162602 · Appellate Court of Illinois · Jul 31, 2018

Illinois Department of Professional Regulation, 153 Ill. 2d 76, 88 (1992). ¶ 31 Mixed questions of law and fact are reversible if they are clearly erroneous. … An agency’s decision “is ‘clearly erroneous’ when the reviewing court is left with the definite and firm conviction that a mistake has been committed.”

Gossar v. State

24 Ill. Ct. Cl. 183 · Court of Claims of Illinois · Mar 24, 1961

The Constitution adopted in 1870, however, and still in force in Illinois, reverted to the earlier and narrower conception of sovereign immunity from suit. … When the Court of Claims hears and determines the merits of a claim, and thereafter files its report with the Legislature, it is clearly exercising a quasi-judicial function.

People v. Mayberry

445 Ill. Dec. 249 · Appellate Court of Illinois · Sep 8, 2020

Johnson, 218 Ill. 2d 125, 139 (2005) (“Clearly, there can be no plain error if there is no error ***.”). … ¶ 33 Our supreme court has held that a testimonial statement is one that (1) is made in a solemn fashion and (2) is intended to establish a particular fact.

People v. Denzel W.

237 Ill. 2d 285 · Illinois Supreme Court · Mar 18, 2010

Our rules establish the requirements that attorneys must meet to be considered “duly licensed and qualified.” See, e.g., 210 Ill. 2d Rs. 704 (“Qualification on Examination”), 705 (“Admission on Motion”). … Conversely, where the defendant is entitled to counsel but the 711 law student appears alone in violation of the rule, the defendant clearly has been denied counsel.