Case law

Richardson v. Chi. Transit Auth.

292 F. Supp. 3d 810 · District Court, E.D. Illinois · Nov 13, 2017

disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune … As a result, Plaintiff has not established a key element of his "regarded as" claim: he has not shown that Defendant regarded him as having a qualifying physical impairment, because he has not alleged a physical impairment

DeBoer v. Martin

537 F. Supp. 1159 · District Court, N.D. Illinois · Apr 30, 1982

There are two types of immunity which the courts have applied to section 1983 claims: absolute (judicial and quasi-judicial) and qualified immunity. … The other type of immunity granted by the courts in a section 1983 claim is qualified immunity.

Hyung Seok Koh v. Graf

307 F. Supp. 3d 827 · District Court, E.D. Illinois · Mar 30, 2018

To avoid judgment on qualified immunity grounds, the Fourth Amendment right that the Defendants allegedly violated must have been "clearly established" as of the time of the alleged arrest. Roe v. … Even where officers make an arrest without probable cause, qualified immunity may kick in to defeat a false-arrest claim.

Treadwell v. McHenry County

193 F. Supp. 3d 900 · District Court, N.D. Illinois · Jun 20, 2016

The final argument, .concerning qualified immunity, also fails. … Should we affirm summary judgment because the defendants receive qualified immunity? The district.court said yes, we say no.

Griffin v. Willoughby

369 Ill. App. 3d 405 · Appellate Court of Illinois · Dec 15, 2006

Plaintiffs position is clearly based on Currie v. … Paszkowski clearly establishes that section 8 — 101 of the Tort Immunity Act applies to plaintiffs action. Accordingly, plaintiffs action was time barred and the trial court properly dismissed it on that basis. B.

Harrison v. HARDIN COUNTY COMMUNITY UNIT

197 Ill. 2d 466 · Illinois Supreme Court · Oct 18, 2001

The court found that this qualified as the making of policy under Harinek , and thus the coach's actions were immunized under section 2-201 of the Act. Johnson, 301 Ill.App.3d at 809-10 , 235 Ill. … Under the principles set forth in Harinek , Brumley's actions clearly qualify as the making of policy.

Olendzki v. Rossi

838 F. Supp. 2d 771 · District Court, C.D. Illinois · Jan 19, 2012

“Generally, qualified immunity protects government agents from liability when their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if she was mistaken, Sudbrink is still entitled to qualified immunity. a.

Sandholm v. Kuecker

Appellate Court of Illinois · Oct 18, 2010

Acts or statements made during legislative, judicial, or quasi-judicial proceedings are already protected by absolute or qualified privileges, including the protection of the right to petition the government as established … Pennington upheld the same antitrust immunity doctrine where coal companies and unions persuaded the Labor Department to establish minimum wages for employees of contractors, which frustrated the non-unionized companies

Cohen v. Chicago Park District

2016 IL App (1st) 152889 · Appellate Court of Illinois · Jan 13, 2017

The court also stated the statute’s “requirement of ‘primitiveness’ clearly [did] not apply to the nature of access roads but, rather, to any camping areas thereby provided access.” Id. … Further, we note, the legislature clearly limited immunity under section 3-107(a) to access roads to “primitive” camping areas as opposed to all camping areas.

Bowes v. Alvarez

253 N.E.3d 462 · Appellate Court of Illinois · Jul 23, 2024

¶ 27 The doctrine of absolute prosecutorial immunity is well-established in the common law of the United States. In Imbler v. … In his reply brief, he also argues that defendants were clearly acting as advocates for themselves, as opposed to the State.

Reyna v. City Of Chicago

District Court, N.D. Illinois · Jun 10, 2025

Qualified immunity exists to protect public officials from suit unless they violate a clearly established statutory or constitutional right. Doxtator v. O’Brien, 39 F.4th 852, 863 (7th Cir. 2022). … Armbrust’s obligation to intervene was not clearly established in 1998, and as such she is entitled to qualified immunity on those claims. See Brosseau, 543 U.S. at 198.

People Ex Rel. Director of Public Health v. Calvo

89 Ill. 2d 130 · Illinois Supreme Court · Jan 21, 1982

More specifically, in keeping with the broad purposes of the statute, a grand jury qualifies as a tribunal. (See State v. Deets (Iowa 1972), 195 N.W.2d 118, 121 .) The statute prohibits two types of disclosure. … Besides, the legislative history clearly establishes that “the identity of individuals contained in such reports will be confidential and not subpoenaed in courts of law.” (Remarks of Rep.

Vickery Manor Service Corp. v. Village of Mundelein

575 F. Supp. 996 · District Court, N.D. Illinois · Dec 13, 1983

City of Boulder established an important guide for future eases: a general grant of power to a local governmental unit does not necessarily immunize subsequent anticompetitive conduct pursuant to that grant. … The city, contending that its denial of services to the towns was authorized by clearly articulated state policy, argued that state action immunity protected its conduct.

Stone v. Board of Trustees of Northern Illinois University

38 F. Supp. 3d 935 · District Court, N.D. Illinois · Aug 5, 2014

However, as in Rickman, demotion and promotion decisions are clearly within the scope of Stone’s supervisors’ employment, 4 and thus sovereign immunity blocks the claims in Counts V and VIII based on the Whistleblower Act … Henley, 13 F.3d 221, 224 (7th Cir.1993) (“In effect [plaintiff] is arguing that a state cannot waive its sovereign immunity in part; if the state doesn’t want to be sued in federal court, it can’t establish a court of claims

Thurman v. Champaign Park District

2011 IL App (4th) 101024 · Appellate Court of Illinois · Aug 10, 2011

Fourth District Docket No. 4-10-1024 Argued July 13, 2011 Filed August 10, 2011 Held The Tort Immunity Act immunized defendant … of public entities in Tort Immunity cases to the exclusion of common[-]law definitions.”

Estate of Herington v. County of Woodford

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

Tort Immunity Act) (Ill. … 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. Zimmer, 242 Ill.

Greeson v. MacKinaw Township

207 Ill. App. 3d 193 · Appellate Court of Illinois · Dec 13, 1990

Clearly this function is discretionary. … 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

Carter v. Du Page County Sheriff

304 Ill. App. 3d 443 · Appellate Court of Illinois · May 12, 1999

Plaintiff contends that the Tort Immunity Act does not apply because (1) the standard of care established in sections 11—205 and 11—907 of the IIlinois Vehicle Code (Vehicle Code) (625 ILCS 5/11—205, 11—907 (West 1996)) supercedes … This argument is clearly erroneous for two reasons. First, and most disturbingly, the language counsel relies upon and quotes at length comes, not from the court’s opinion, but from a special concurring opinion.

Barr v. Cutler

64 Ill. App. 3d 518 · Appellate Court of Illinois · Oct 6, 1978

The failure on the part of the lessor to qualify the word “fire” indicates an intent on his part. Additionally, damage due to “other inevitable accidents” remains unspecified, while fire is specifically mentioned. … In addition, society’s interests are met in part by the establishment of definite rules which enable individuals and businesses to allocate the risks of foreseeable losses.

Glover v. Board of Education

21 Ill. App. 3d 1053 · Appellate Court of Illinois · Sep 5, 1974

In Reynolds the plaintiff served notice on the defendant city by registered mail with return receipt requested when the Local Government Tort Immunity Act required personal service. … The school board’s dismissal of plaintiff is then clearly not against the manifest weight of the evidence.