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724 F. Supp. 568 · District Court, N.D. Illinois · Sep 29, 1989
If the law supporting such relief was not clearly established as of May 1988, defendants are entitled to qualified immunity. See Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987); Rakovich v. … Wykoff 's unsupported holding did not clearly establish the law, especially in light of the other precedents discussed. [5] Defendants, therefore would be qualifiedly immune.
Cited 1 timesPublishedS.J. Ex Rel. S.J. v. Perspectives Charter School
685 F. Supp. 2d 847 · District Court, N.D. Illinois · Feb 9, 2010
To overcome qualified immunity, a plaintiff must show that the alleged conduct gives rise to a constitutional violation, and that the right was clearly established at the time of the violation. See Tun v. … Spencer and Frye outside a ‘clearly established’ constitutional norm, they are entitled to qualified immunity”) (citing Doe, 631 F.2d. at 92-93 ).
Cited 14 timesPublished265 F. Supp. 2d 926 · District Court, N.D. Illinois · May 29, 2003
Qualified Immunity Qualified immunity protects government officials 3 from civil liability when performing discretionary functions so long as their conduct does not violate clearly established constitutional rights. … (rejecting qualified immunity defense at pleading stage because plaintiff sufficiently alleged denial or delay of medical treatment, which is a clearly established constitutional violation). IV. Conclusion Dr.
Cited 4 timesPublishedSantana v. Cook County Board of Review
700 F. Supp. 2d 1023 · District Court, N.D. Illinois · Mar 30, 2010
Commissioners and Board Employees also claim qualified immunity, which shields officials from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … To defeat such asserted qualified immunity a plaintiff must show 6 both (1) the violation of a constitutional right and (2) that the right was “clearly established at the time of the defendant’s misconduct” (concepts that
Cited 3 timesPublishedDistrict Court, N.D. Illinois · Feb 21, 2021
If Gualandri is contending that the record reflects at this point that he is entitled to qualified immunity because "a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law … Rohde, 778 F.3d 556, 560 (7th Cir. 2015) ("[F]abricating evidence . . . violates a clearly established constitutional right, such that qualified immunity does not shield the manufacturers of such evidence from liability
Cited 0 timesUnknownDistrict Court, C.D. Illinois · Jan 5, 2026
Qualified Immunity “[Qlualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … immunity because the alleged constitutional violation will rarely ~ if ever-- be clearly established”).
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Dec 20, 2024
clearly established law.’” … For the purposes of qualified immunity, a detainee’s constitutional right to receive adequate medical care is clearly established law. Board v.
Cited 0 timesUnknown97 F. Supp. 2d 882 · District Court, C.D. Illinois · May 24, 2000
Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (even if the law is clearly established, an official is entitled to qualified immunity if he neither knew or should have known of the relevant legal … prevail on her due process claim because Severino violated clearly established constitutional law.
Cited 0 timesPublishedDistrict Court, S.D. Illinois · Dec 9, 2019
Qualified Immunity Defendants object to Judge Sison’s conclusion that they are not entitled to qualified immunity on Blackman’s due process claim with regard to his … Callahan, 555 U.S. 223, 232 (2009) (to determine whether a defendant is entitled to qualified immunity, a court must consider whether there is a violation of a constitutional right and whether that right was clearly established
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Mar 2, 2022
“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Luna, 577 U.S. 7, 12 (2015) (“The dispositive question” for qualified immunity is “whether the violative nature of particular conduct is clearly established.”)
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jul 14, 2020
Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … In response to defendants’ motion for summary judgment as to qualified immunity, plaintiff does not identify a case that clearly establishes that his constitutional rights were violated.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Mar 12, 2020
Qualified Immunity Defendants argue in the alternative that they are entitled to summary judgment on qualified immunity grounds. (Dkt. 119-1, at 9-10). … established right that overcomes qualified immunity); Cavalieri v.
Cited 0 timesUnknownGovernmental Interinsurance Exchange v. Judge
Illinois Supreme Court · May 18, 2006
City of Aurora, 71 Ill. 2d 1, 11 (1978) (AThis court has clearly established the rule that once a governmental unit >adopts a plan in the making of public improvements,= it owes a duty to a plaintiff to maintain those improvements … AThe above regulations clearly establish that, contrary to the dissent=s statement *** a broken yellow line does indicate a passing zone.
Cited 0 timesPublishedReeves v. The City of Springfield
District Court, C.D. Illinois · Oct 1, 2025
right was clearly established at the time of the alleged violation. … But where the law was clearly established, both qualified immunity questions must be addressed. Id.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Sep 29, 2025
denied qualified immunity because it was clearly established— as of 1987—that prosecutors violate the Constitution when they fabricate evidence introduced at trial. 682 F.3d at 585–86 (emphasis added); see also Smith v. … clearly establish the right).
Cited 0 timesUnknownDistrict Court, C.D. Illinois · Mar 29, 2024
and (2) whether the right alleged to have been violated was clearly established. … Liebel, 877 F.3d 346 (7th Cir. 2017) (affirming qualified immunity, and holding that Turner merely creates a generalized framework to analyze claims and cannot create clearly established law
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Sep 9, 2024
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … That right is clearly established.”); Snukis, 2022 WL 2305697, at *7 (denying qualified immunity at the motion to dismiss stage because “it was clearly established that Snukis had a Fourth Amendment right to prompt medical
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jul 8, 2021
App’x 555, 558 (7th Cir. 2001) to argue that limited discovery is appropriate after the defense of qualified immunity is asserted. … See Crawford-El, 523 U.S. at 598 (stating that before allowing discovery, the district court should determine whether, assuming the truth of the plaintiff’s allegations, the official’s conduct violated clearly established
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jan 29, 2021
Qualified immunity “protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of … To overcome a qualified immunity defense, plaintiff’s “allegations [must] make out a deprivation of a constitutional right,” and “the right at issue [must be] clearly established at the time of the defendant's
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Jan 23, 2026
Although it’s true that qualified immunity provides “ample protection to all but the plainly incompetent or those who knowingly violate the law,” it is clearly established that use of excessive force during an arrest is … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”) with Williams v.
Cited 0 timesUnknown
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