Case law

Bartley v. U.S. Department of the Army

221 F. Supp. 2d 934 · District Court, C.D. Illinois · Aug 7, 2002

Because Plaintiffs filed their complaints on Form 7279-R which clearly states at the top that it implements AR 600-22, which establishes the Military Discrimination Complaint System, they were processed as such. … Although the Seventh Circuit has established that Title VII abrogates eleventh amendment immunity, Varner v.

Rexroad v. City of Springfield

207 Ill. 2d 33 · Illinois Supreme Court · Aug 21, 2003

, unlike the school, Soldier Field’s “overall and regular purpose” was clearly recreational); Capps v. … We do not believe that this was the intent of the General Assembly when it immunized public property “intended or permitted to be used for recreational purposes,” qualifying it with a list of examples of the kinds of public

Rajterowski v. The City of Sycamore

Appellate Court of Illinois · Nov 1, 2010

When a law establishes a citizenship or residency classification, a court applies a two-part test in assessing whether the law violates the privileges and immunities clause. … The foregoing allegations are clearly conclusory.

County of Cook v. Ogilvie

50 Ill. 2d 379 · Illinois Supreme Court · Jan 28, 1972

as well as all “single employables” who had qualified for General Assistance. … (Section 4 of article XIII of the constitution of the State of Illinois of 1970 abolished sovereign immunity subject to legislative action, but Public Act 77 — 1776, effective January 1, 1972, provides that claims against

Colegrove v. Green

64 F. Supp. 632 · District Court, N.D. Illinois · Jan 29, 1946

Quite as clearly, though by necessary implication instead of by express provision, is the right of the citizen to be equally represented in Congress. United States v. Classic, supra. … Likewise, it can, with immunity, defy the Illinois state courts.”

Williams v. Medical Center Commission

60 Ill. 2d 389 · Illinois Supreme Court · Mar 24, 1975

Section 2 of the Act establishes a commission of seven appointed members to manage the affairs of the District. … Ct. 1347 , indicates clearly, we believe, that the assertion of sovereign immunity by a State is not offensive to any provision of the Constitution of the United States.

Board of Trustees of Community College District No. 508 v. Burris

118 Ill. 2d 465 · Illinois Supreme Court · Nov 23, 1987

The plaintiffs complaint shows that it falls into this exception to the sovereign immunity bar. … The enactment dates alone, however, do not qualify these public acts as State mandates covered under the Act.

Poelker v. Warrensburg-Latham Community Unit School District No. 11

251 Ill. App. 3d 270 · Appellate Court of Illinois · Sep 30, 1993

Nor did the evidence establish conscious disregard for the safety of the children. … The throwing area was clearly marked with vector lines and the discus throws were directed toward an open field away from other events.

Epstein v. Chicago Bd. of Educ.

178 Ill. 2d 370 · Illinois Supreme Court · Oct 17, 1997

whole established only limited immunity. … The plaintiff may establish this by presenting "affidavits or other proof." 735 ILCS 5/2-619(c) (West 1992).

Nichol v. Stass Text corrected - Oct. 2, 2000

Illinois Supreme Court · Aug 10, 2000

Nor is state employment established, for purposes of sovereign immunity, through the State Employee Indemnification Act. … It would be anomalous to grant a qualified immunity to educators and biological parents but to deny immunity entirely to foster parents, who, in their relationships with their foster children, share many important similarities

Darling v. Charleston Community Memorial Hospital

33 Ill. 2d 326 · Illinois Supreme Court · Sep 29, 1965

The author’s competence is established if the judge takes judicial notice of it, or if it is established by a witness expert in the subject. … Moyle qualified the doctrine of" charitable immunity by permitting recovery against nontrust funds of a charitable corporation, specifically an insurance policy.

Krecek v. Board of Police Commissioners of La Grange Park

207 Ill. Dec. 227 · Appellate Court of Illinois · Feb 8, 1995

To establish a property interest in a probationary police officer’s employment with a police department, the municipality must establish procedural requirements for termination of those officers. (Faustrum, 240 Ill. … Act (Tort Immunity Act) (Ill.

TTX CO. v. Whitley

295 Ill. App. 3d 548 · Appellate Court of Illinois · Mar 13, 1998

Defendants asserted that TTX did not qualify for the single-factor formula because it did not transport passengers or freight. … The issue before the circuit court was whether TTX qualified as a transportation company under section 304(d).

Leone v. City of Chicago

235 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 4, 1992

Although the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter Tort Immunity Act) (Ill. Rev. … MURRAY and GORDON, JJ., concur. 1 The Tort Immunity Act (Ill. Rev.

Lewis v. Jasper County Community Unit School District No. 1

258 Ill. App. 3d 419 · Appellate Court of Illinois · Mar 4, 1994

Immunity Act (the Tort Immunity Act) (Ill. … Clearly, in light of the definitions provided by the legislature, section 3 — 106 immunizes the School District from injuries occurring on school property used for recreational purposes, absent willful or wanton conduct by

Pence v. Kelly

2026 IL App (4th) 250468-U · Appellate Court of Illinois · Apr 30, 2026

of a “clearly established” right. … qualified immunity.”

Morrison v. Forest Preserve District of Cook County

155 Ill. App. 3d 687 · Appellate Court of Illinois · Apr 23, 1987

The District moved to dismiss count IV on the grounds that it was barred by certain provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … It is well established that a cause of action should be dismissed on the pleadings only where it clearly appears that no set of facts could be proved which would entitle the plaintiff to recover. (Fitzgerald v.

Doyle v. City of Chicago

139 F. Supp. 3d 893 · District Court, N.D. Illinois · Oct 29, 2015

It is a constitutional violation that must be clearly established, not a clear violation of a statutory or administrative provision. … Therefore, the Court finds that Hillard and Thompson are entitled to qualified immunity. 1. The Claims of Nolan, Roman and Olson These three Plaintiffs were dealt with differently from the nine other Plaintiffs.

Sadrud-Din v. City of Chicago

883 F. Supp. 270 · District Court, N.D. Illinois · Apr 24, 1995

Qualified immunity shields governmental officials performing discretionary functions from civil liability if the conduct complained of “does not violate clearly established statutory or constitutional rights of which a reasonable … Whether an official is protected by qualified immunity is determined by the objective reasonableness of the action, "assessed in light of the legal rules that were 'clearly established’ at the time it was taken.”

Abruzzo v. City of Park Ridge

2013 IL App (1st) 122360 · Appellate Court of Illinois · Feb 24, 2014

Franzen recalled that once it was established that Joseph was okay Franzen told everyone they were leaving. … - 13 -  alleged immunity is based.