legitimate claim (Illinois) · Go Syfert
← Illinois issues

legitimate claim in Illinois

129 Illinois opinions name it 2 courts 1871–2025 14 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (29)

CaseFollowedCited
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 51 Illinois opinions naming this issue, 1974–2022
2 sentences

2022Protected property interests include those benefits to which a person has “a legitimate claim of entitlement.” Id. at 577 .

2021The holding in Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972), was apropos: “To have a property interest[,] a person must have more than a unilateral expectation of it; rather, he must have a legitimate claim of entitlement to it.” Groenings, 215 Ill.

1451
Suburban Downs, Inc. v. Illinois Racing Boardgreen
illappct · 2000 · cited in 6 Illinois opinions naming this issue, 2010–2016
2 sentences

2014He must, instead, have a legitimate claim of entitlement to it.' " Suburban Downs, Inc. v. Illinois Racing Board, 316 Ill.

2014He must, instead, have a legitimate claim of entitlement to it.”); Suburban Downs, Inc. v. Illinois Racing Board, 316 Ill.

56
Polyvend, Inc. v. Puckoriusgreen
ill · 1979 · cited in 5 Illinois opinions naming this issue, 1992–2022
2 sentences

2022Polyvend, 77 Ill. 2d at 293-94 (1979) (citing Roth, 408 U.S. at 577 ); Ertl v. City of De Kalb, 303 Ill.

2019Polyvend, 77 Ill. 2d at 296 .

45
Akmakjian v. Department of Professional Regulationgreen
illappct · 1997 · cited in 5 Illinois opinions naming this issue, 2000–2024
2 sentences

2024“To have a constitutionally protected property interest, a plaintiff must show that he has a legitimate claim of entitlement to it.” Akmakjian v. Department of Professional Regulation, 287 Ill.

2010“To have a constitutionally protected property interest, a plaintiff must show that he has a legitimate claim of entitlement to it.” Akmakjian v. Department of Professional Regulation, 287 Ill.

35
People v. Johnsongreen
ill · 1989 · cited in 14 Illinois opinions naming this issue, 1991–2025
2 sentences

2025See Johnson, 128 Ill. 2d at 270 (recognizing that counsel risks losing credibility with the trier of fact on charges where a legitimate defense exists by contesting charges where there is overwhelming evidence of guilt and no defense). ¶ 27 Next, Casas contends his trial counsel was ineffective for pursuing a legally erroneous defense to driving on a revoked license.

2008“In situations where there is overwhelming evidence of guilt and no defense, if counsel contests all charges he is liable to lose credibility with the trier of fact when it comes to charges where a legitimate defense exists.” Johnson, 128 Ill. 2d at 270 .

214
Holmes v. Aurora Police Pension Fund Board of Trusteesgreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 1995–1997
2 sentences

1997Accord Holmes v. Aurora Police Pension Fund Board of Trustees, 217 Ill.

1997Accord Holmes v. Aurora Police Pension Fund Board of Trustees, 217 Ill.

23
People v. Ganusgreen
ill · 1992 · cited in 3 Illinois opinions naming this issue, 1993–1995
2 sentences

1995Indeed, this court has noted in the guilt phase that "[i]n situations where there is overwhelming evidence of guilt and no defense, if counsel contests all the charges he is liable to lose credibility with the trier of fact when it comes to charges where a legitimate defense exists.” (People v. Johnson (1989), 128 Ill. 2d 253, 270 ; see also People v. Ganus (1992), 148 Ill. 2d 466, 473-74 .) Similarly, it appears that defense counsel merely attempted to shift focus from the section 9 — 1(b)(6) aggravating factor, in order to mount a more credible challenge against eligibility under section 9 —

1994See also People v. Ganus (1992), 148 Ill. 2d 466, 473-74 .) We conclude, therefore, that there was no need for the trial judge to have admonished defendant pursuant to our Rule 402 (134 Ill. 2d R. 402).

23
Ortiz v. Downeygreen
ca7 · 2009 · cited in 2 Illinois opinions naming this issue, 2020–2021
2 sentences

2021In order to state an access to courts claim, a plaintiff must connect defendant’s conduct with his “inability to pursue a legitimate challenge to a conviction, sentence, or prison conditions.” (Internal quotation marks omitted.) Ortiz v. Downey, 561 F.3d 664, 671 (7th Cir. 2009).

2020In order to state an access to courts claim, a plaintiff must connect defendant’s conduct with his “inability to pursue a legitimate challenge to a conviction, sentence, or prison conditions.” (Internal quotation marks omitted.) Ortiz v. Downey, 561 F.3d 664, 671 (7th Cir. 2009).

22
James Phelan v. City of Chicagogreen
ca7 · 2003 · cited in 2 Illinois opinions naming this issue, 2021–2021
2 sentences

2021A property interest in continued employment can be created in one of two ways: (1) “by an independent source such as state law securing certain benefits” or (2) “by a clearly implied promise of continued employment.” (Internal quotation marks omitted.) Phelan v. City of Chicago, 347 F.3d 679, 681 (7th Cir. 2003).

2021A property interest in continued employment can be created in one of two ways: (1) “by an independent source such as state law securing certain benefits” or (2) “by a clearly implied promise of continued employment.” (Internal quotation marks omitted.) Phelan v. City of Chicago, 347 F.3d 679, 681 (7th Cir. 2003).

22
In Re Adoption of CDgreen
illappct · 2000 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015“However, for a statute to grant a person a protected liberty interest, the person must have a legitimate claim of entitlement to the liberty interest.” In re Adoption of C.D., 313 Ill.

2015"However, for a statute to grant a person a protected liberty interest, the person must have a legitimate claim of entitlement to the liberty interest." In re Adoption of C.D., 313 Ill.

22
BARTLOW v. Shannongreen
illappct · 2010 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) (“He must, instead, have a legitimate claim of entitlement to [have a property interest]. *** It is a purpose of the constitutional right to a hearing to provide an opportunity for a person to vindicate those claims.”); Bartlow v. Shannon, 399 Ill.

2014See Board of Regents of State College v. Roth, 408 U.S. 564, 577 (1972) (“He must instead have a legitimate claim of entitlement to [have a property interest]. *** It is a purpose of the constitutional right to a hearing to provide an opportunity for a person to vindicate those claims.”); Bartlow v. Shannon, 399 Ill.

22
Buccieri v. Wayne Townshipgreen
illappct · 1982 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001Ed. 2d 548, 561 , 92 S. Ct. 2701, 2709 (1972); Buccieri v. Wayne Township, 111 Ill.

2001Ed 2d 548, 561, 92 S. Ct. 2701, 2709 (1972); Buccieri v. Wayne Township , 111 Ill.

22
Kim Construction Company, Inc. v. Board of Trustees of the Village of Mundeleingreen
ca7 · 1994 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Kim Construction Co. v. Board of Trustees, 14 F.3d 1243, 1245 (7th Cir. 1994); Bart v. Board of Education, 256 Ill.

1997Kim Construction Co. v. Board of Trustees, 14 F.3d 1243, 1245 (7th Cir. 1994); Bart v. Board of Education, 256 Ill.

22
Richard Border v. City of Crystal Lake, an Illinois Municipal Corporationgreen
ca7 · 1996 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Border v. City of Crystal Lake, 75 F.3d 270, 273 (7th Cir. 1996).

1997Border v. City of Crystal Lake, 75 F.3d 270, 273 (7th Cir. 1996).

22
Las Fuentes, Inc. v. City of Chicagogreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Accord Las Fuentes, Inc. v. City of Chicago, 209 Ill.

1997Accord Las Fuentes, Inc. v. City of Chicago, 209 Ill.

22
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complexgreen
scotus · 1979 · cited in 4 Illinois opinions naming this issue, 1995–2000
2 sentences

2000Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, 442 U.S. 1, 7 , 60 L.

2000Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, 442 U.S. 1, 7 , 60 L.

14
Bower Associates v. Town of Pleasant Valleygreen
nyappdiv · 2003 · cited in 3 Illinois opinions naming this issue, 2020–2022
2 sentences

2021“Protectable property interests arise,” the reviewing court explained, “when there is a legitimate claim of entitlement pursuant to a State or local law.” Id.

2020“Protectable property interests arise,” the reviewing court explained, “when there is a legitimate claim of entitlement pursuant to a State or local law.” Id.

13
Fumarolo v. Chicago Board of Educationgreen
ill · 1990 · cited in 2 Illinois opinions naming this issue, 1993–2020
2 sentences

2020Khan v. Bland, 630 F.3d 519, 527 (7th Cir. 2010); Fumarolo v. Chicago Board of Education, 142 Ill. 2d 54, 107 (1990). ¶ 14 Protected property interests are generally created, and their dimensions defined, by state statutes.

1993App. 3d 505, 517 .) A person has a property interest in his job where he has a legitimate expectation of continued employment (Fumarolo v. Chicago Board of Education (1990), 142 Ill. 2d 54, 107 ) based on a legitimate claim of entitlement.

12
Ertl v. City of De Kalbgreen
illappct · 1999 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
Nyhammer v. Bastagreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
I-57 & Curtis, LLC v. Urbana & Champaign Sanitary Districtgreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
Lucie B. v. Department of Human Servicesgreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2022–2022
11
Khan v. Blandgreen
ca7 · 2010 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
Colquitt Ex Rel. Colquitt v. Rich Township High School District No. 227green
illappct · 1998 · cited in 1 Illinois opinions naming this issue, 2014–2014
11
Wood v. Woodgreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
Tri-City Jewish Center v. Blass Riddick Chilcotegreen
illappct · 1987 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
Craig v. United Automobile Insurancegreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
Clore v. Fredmangreen
ill · 1974 · cited in 1 Illinois opinions naming this issue, 1996–1996
11
Wolff v. McDonnellgreen
scotus · 1974 · cited in 1 Illinois opinions naming this issue, 1995–1995
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (51)

CaseCitedYears
Perry v. Sindermann green
scotus · 1972
2 sentences

2021In the case before it, the Court found that a teacher, like the plaintiff, who had held his position for a number of years “might be able to show from the circumstances of this service—and from other relevant facts—that he has a legitimate claim of entitlement to job tenure.” Perry, 408 U.S. at 602 .

2021In the case before it, the Court found that a teacher, like the plaintiff, who had held his position for a number of years “might be able to show from the circumstances of this service—and from other relevant facts—that he has a legitimate claim of entitlement to job tenure.” Perry, 408 U.S. at 602 .

51973–2021
Groenings v. City of St. Charles green
illappct · 1991
2 sentences

2021The holding in Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972), was apropos: “To have a property interest[,] a person must have more than a unilateral expectation of it; rather, he must have a legitimate claim of entitlement to it.” Groenings, 215 Ill.

2020The holding in Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972), was apropos: “To have a property interest[,] a person must have more than a unilateral expectation of it; rather, he must have a legitimate claim of entitlement to it.” Groenings, 215 Ill.

31992–2021
Powell v. Jones green
ill · 1973
2 sentences

1981Like the teacher in Sindermann, a public employee may be able to show, from surrounding circumstances, that he has a legitimate claim to continued employment, and it is clear that such claim, whether characterized as ‘property’ or otherwise, has now been held to be entitled to due process protection.” 56 Ill. 2d 70, 77 , 305 N.E.2d 166,169-70 .

1981Like the teacher in Sindermann, a public employee may be able to show, from surrounding circumstances, that he has a legitimate claim to continued employment, and it is clear that such claim, whether characterized as ‘property’ or otherwise, has now been held to be entitled to due process protection.” 56 Ill. 2d 70, 77 , 305 N.E.2d 166,169-70 .

31974–1981
Palka v. Shelton green
ca7 · 2010
2 sentences

2021App. 3d at 934 . ¶ 40 Due-process claims in the context of public employment “require an entitlement to continued employment; more specifically, the plaintiff must have a legitimate claim of entitlement not to lose a valuable governmental benefit except for cause.” (Internal quotation marks omitted.) Palka, 623 F.3d at 452 .

2021App. 3d at 934 . ¶ 40 Due-process claims in the context of public employment “require an entitlement to continued employment; more specifically, the plaintiff must have a legitimate claim of entitlement not to lose a valuable governmental benefit except for cause.” (Internal quotation marks omitted.) Palka, 623 F.3d at 452 .

22021–2021
Paul v. County of Ogle green
illappct · 2018
2 sentences

2019The underlying motion denied by the trial court was based upon sections 2-615 and 2-619 of the Code of Civil Procedure, both of which mandate de novo review. 735 ILCS 5/2-615, 2-619 (West 2016); Paul v. County of Ogle, 2018 IL App (2d) 170696, ¶ 34 , 103 N.E.3d 585 (review of ruling on section 2-615 motion to dismiss is de novo); Glasgow v. Associated Banc-Corp., 2012 IL App (2d) 111303, ¶ 11 , 980 N.E.2d 785 (review of ruling on section 2-619 motion to dismiss is de novo).

2019The underlying motion denied by the trial court was based upon sections 2-615 and 2-619 of the Code of Civil Procedure, both of which mandate de novo review. 735 ILCS 5/2-615, 2-619 (West 2016); Paul v. County of Ogle, 2018 IL App (2d) 170696, ¶ 34 , 103 N.E.3d 585 (review of ruling on section 2-615 motion to dismiss is de novo); Glasgow v. Associated Banc-Corp., 2012 IL App (2d) 111303, ¶ 11 , 980 N.E.2d 785 (review of ruling on section 2-619 motion to dismiss is de novo).

22018–2019
Glasgow v. Associated Banc-Corp green
illappct · 2012
2 sentences

2019The underlying motion denied by the trial court was based upon sections 2-615 and 2-619 of the Code of Civil Procedure, both of which mandate de novo review. 735 ILCS 5/2-615, 2-619 (West 2016); Paul v. County of Ogle, 2018 IL App (2d) 170696, ¶ 34 , 103 N.E.3d 585 (review of ruling on section 2-615 motion to dismiss is de novo); Glasgow v. Associated Banc-Corp., 2012 IL App (2d) 111303, ¶ 11 , 980 N.E.2d 785 (review of ruling on section 2-619 motion to dismiss is de novo).

2019The underlying motion denied by the trial court was based upon sections 2-615 and 2-619 of the Code of Civil Procedure, both of which mandate de novo review. 735 ILCS 5/2-615, 2-619 (West 2016); Paul v. County of Ogle, 2018 IL App (2d) 170696, ¶ 34 , 103 N.E.3d 585 (review of ruling on section 2-615 motion to dismiss is de novo); Glasgow v. Associated Banc-Corp., 2012 IL App (2d) 111303, ¶ 11 , 980 N.E.2d 785 (review of ruling on section 2-619 motion to dismiss is de novo).

22018–2019
Hill v. Walker green
ill · 2011
2 sentences

2014E.g., Walker, 241 Ill. 2d at 485 . ¶ 38 We hold that plaintiff did have a legitimate claim of entitlement to the promotion to lieutenant.

2014E.g., Walker, 241 Ill. 2d at 485 . ¶ 38 We hold that plaintiff did have a legitimate claim of entitlement to the promotion to lieutenant.

22014–2014
Heyne v. Mabrey green
indctapp · 1978
2 sentences

1997Heyne, 178 Ind. App. at 613 , 383 N.E.2d at 467 .

1997Heyne, 178 Ind. App. at 613 , 383 N.E.2d at 467 .

21997–1997
Bart v. Board of Educ. of City of Chicago green
illappct · 1993
2 sentences

1997Kim Construction Co. v. Board of Trustees, 14 F.3d 1243, 1245 (7th Cir. 1994); Bart v. Board of Education, 256 Ill.

1997Kim Construction Co. v. Board of Trustees, 14 F.3d 1243, 1245 (7th Cir. 1994); Bart v. Board of Education, 256 Ill.

21997–1997
Sullivan v. Board of Fire & Police Commissioners green
illappct · 1981
2 sentences

1983(Sullivan v. Board of Fire & Police Commissioners (1981), 103 Ill.

1982App. 3d 167 , 430 N.E.2d 636 .) To have a protect-able property interest in public employment, a person clearly must have more than an abstract need or desire for it; he must have a legitimate claim of entitlement to it.

21982–1983
CHICAGO T. & T. CO. v. Exchange Nat. Bk. green
illappct · 1974
2 sentences

1982App.3d 565, 567 , 312 N.E.2d 11, 14 , "no default * * * would permit the mortgagor to accelerate the maturity of the debt when there is a setoff available which is equal to or exceeds the amount of the indebtedness due at the time of default." Likewise, the fact that Bankcom's *504 loan from Continental was overdue does not preclude Bankcom from raising a legitimate claim of improper setoff.

1982App. 3d 565, 567 , 312 N.E.2d 11, 14 , “no default *** would permit the mortgagor to accelerate the maturity of the debt when there is a setoff available which is equal to or exceeds the amount of the indebtedness due at the time of default.” Likewise, the fact that Bankcom’s loan from Continental was overdue does not preclude Bankcom from raising a legitimate claim of improper setoff.

21982–1982
Donovan v. People neutral
ill · 1891
2 sentences

1955The rule was laid down in Donovan v. People, 139 Ill. 412 , that the nature and extent of the examination of jurors is ordinarily left to the sound discretion of the court, and that it should be confined to a legitimate inquiry into the particular matter under investigation and take range enough only to put the court and counsel in possession of such material matters affecting the jurors as will enable them to act intelligently in the selection of the jury.

1924In this State the rule is laid down in Donovan v. People, 139 Ill. 412 , and cited with approval in People v. Robinson, 299 id. 617, and People v. Redola, 300 id. 392, that the defendant, through his counsel, has a right to ask pertinent and proper questions of the persons called as jurors testing their capacity and competency, and that for the purpose of advising him of the propriety of exercising the right of peremptory challenge it is often indispensable to the selection of a fair and impartial jury that the occupation, habits, associations and predisposition of the jurors should be known s

21924–1955
Williams v. Illinois State Scholarship Commission green
ill · 1990
12025–2025
Kooistra v. Board of Trustees of the Sycamore Police Pension Fund green
illappct · 2025
12025–2025
People v. Ward green
ill · 1986
12023–2023
People v. Young green
illappct · 2019
12023–2023
Leetaru v. The Board of Trustees of the University of Illinois green
ill · 2015
12023–2023
Creekside Associates, Inc. v. City of Wood Dale green
ilnd · 1988
12022–2022
First Health Group Corp. v. Ruddick green
illappct · 2009
12014–2014
Faustrum v. Board of Fire & Police Commissioner of Wauconda green
illappct · 1993
11995–1995
Baja Contractors, Inc. v. The City of Chicago green
ca7 · 1987
11995–1995
Garland A. Holbrook and Truck Acceptance Corporation v. Institutional Insurance Company of America green
ca7 · 1967
11994–1994
Dunnigan v. First Bank green
conn · 1991
11993–1993
People v. Young green
illappct · 1991
11993–1993
Raytheon Company v. Automated Business Systems, Inc. green
ca1 · 1989
11992–1992
Wilburn v. City of Chicago neutral
illappct · 1984
11992–1992
Christianson v. Colt Industries Operating Corp. green
scotus · 1988
11992–1992
United States v. Cronic green
scotus · 1984
11991–1991
Nelson v. Board of Trustees of the Police Pension Fund green
illappct · 1986
11991–1991
Frances B. Smith v. Board of Education of the City of Chicago, a Body Politic green
ca7 · 1988
11991–1991
Graves v. Daley green
illappct · 1988
11991–1991
Boddie v. Connecticut green
scotus · 1971
11990–1990
People v. Gill green
illappct · 1988
11990–1990
Saleson v. Department of Registration & Education neutral
illappct · 1968
11987–1987
In Re Ashbach neutral
ill · 1958
11987–1987
In Re Nesselson neutral
ill · 1966
11987–1987
In Re Czachorski green
ill · 1969
11987–1987
In Re Silvern green
ill · 1982
11987–1987
Diamond v. Charles green
scotus · 1986
11986–1986
Watts v. Indiana green
scotus · 1949
11984–1984

Statutes the citing opinions construe

USC § 42u.s.c.1983 (25) IL § 735 ILCS 5/2-615 (8) IL § 735 ILCS 5/2-619.1 (7) IL § 735 ILCS 5/3-101 (7) IL § 5 ILCS 100/1-1 (6) IL § 735 ILCS 5/2-619 (5) IL § 705 ILCS 405/1-1 (4) IL § 745 ILCS 5/0.01 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 142 (1883–2026) IL 129 (1871–2025) NY 111 (1906–2026) PA 103 (1899–2025) CA 101 (1933–2026) IN 69 (1930–2026) WA 62 (1969–2024) MI 57 (1974–2025) NJ 49 (1923–2026) OH 44 (1977–2024) MO 44 (1880–2024) FL 41 (1931–2026) MS 41 (1977–2024) CT 39 (1871–2026) GA 37 (1976–2025) NM 36 (1954–2026) WV 36 (1928–2021) MA 32 (1977–2020) MD 29 (1864–2021) LA 28 (1926–2023) CO 28 (1952–2025) MN 27 (1979–2024) ID 26 (1975–2024) NC 26 (1905–2026) RI 26 (1978–2015) DC 24 (1974–2021) MT 24 (1980–2019) HI 22 (1985–2025) KS 22 (1895–2022) WI 21 (1976–2021) TN 21 (1938–2026) AL 19 (1871–2016) AZ 19 (1969–2021) UT 18 (1969–2026) OR 18 (1968–2025) KY 18 (1853–2025) IA 17 (1903–2018) OK 16 (1929–2023) WY 14 (1983–2025) NE 13 (1935–2017) ME 12 (1984–2024) DE 11 (1983–2025) SD 10 (1950–2014) NH 10 (1975–2021) VA 10 (1993–2023) SC 8 (1984–2026) VT 7 (1993–2024) ND 6 (1970–2010) NV 5 (1981–2017) AK 4 (1978–2025) AR 3 (1980–2017) VI 3 (2015–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check