Case law

Doe v. Chicago Board of Education

Illinois Supreme Court · Nov 18, 2004

Hence, it argues that section 4–102 of the Act is clearly implicated. Nearly identical allegations were made by the plaintiff in A.R. v. Chicago Board of Education , 311 Ill. App. 3d 29 (1999). … to establish that the Board should have known of the special needs of the children on the bus. 339 Ill.

Abruzzo v. City of Park Ridge

231 Ill. 2d 324 · Illinois Supreme Court · Oct 2, 2008

Governmental entities bear the burden of establishing immunity under the Tort Immunity Act. Van Meter v. Darien Park District, 207 Ill. 2d 359, 370 (2003). … This court held that the immunity provisions could not be harmonized because they both clearly applied to the plaintiffs allegations. Moore, 219 Ill. 2d at 487 .

Van Meter v. Darien Park District

207 Ill. 2d 359 · Illinois Supreme Court · Oct 17, 2003

Municipal defendants are required to establish both of these elements in order to invoke immunity under section 2–201. … These allegations on their face clearly describe a discretionary policy decision, and the defendants were clearly entitled to immunity.

Commonwealth Edison Co. v. Will County Collector

196 Ill. 2d 27 · Illinois Supreme Court · May 3, 2001

Act (Tort Immunity Act) (745 ILCS 10/9 — 107 (West 1994)). … insurance had to be included within the general corporate rate limitation established under section 5 — 1024.

Bilyk v. Chicago Transit Authority

125 Ill. 2d 230 · Illinois Supreme Court · Sep 22, 1988

These decisions established that the legislature may not constitutionally distinguish between the tort liability of public entities performing the same function. … Alternatively, the defendant argues that section 27 is valid, even if it provides the CTA with more extensive immunity than other municipal entities enjoy, because the legislature may permissibly establish different standards

Frazer v. City of Chicago

51 L.R.A. 306 · Illinois Supreme Court · Jun 21, 1900

The establishing of this small-pox hospital was therefore clearly within the police power of the city, and it is clear, therefore, that in the absence of carelessness or negligence, or of an abuse of that power in any way … If it be conceded that the State may, in exercising a public power, create a private nuisance with immunity, the immunity grows out of the public necessity and rests-upon the State’s sovereignty; but it cannot, or, at all

People Ex Rel. Vermilion County Conservation District v. Lenover

43 Ill. 2d 209 · Illinois Supreme Court · Sep 26, 1969

Even if it were not, it could not be held that the legislature clearly acted arbitrarily. … We cannot say that the population portion of the classification is clearly unreasonable and palpably arbitrary.

American National Bank & Trust Co. v. City of Chicago

Illinois Supreme Court · Aug 10, 2000

We believe that section 5–101 immunizes only a local public entity that has not established a fire department or rescue service, or has not instituted a system for otherwise providing fire or rescue services. … Although the complaint may establish that the City employees performed their duties incompetently, it fails to establish that they owed decedent a special duty.

Wright Development Group v. Walsh

Illinois Supreme Court · Oct 21, 2010

This is clearly immunized activity. According to the uncontroverted deposition testimony of Walsh and Hrycko, the statements regarding the building issues at 6030 N. … This clearly applies to Walsh’s statement to a reporter made during a public forum concerning proposed legislation targeting condominium conversions.

Sylvester v. Chicago Park District

Illinois Supreme Court · Dec 4, 1997

The Park District alleged that its pregame traffic control and parking lot setup routine around Soldier Field qualified as an "inspection system" under section 3-- 102(b). … The court stated that even if it were to take judicial notice of the location of Burnham Park, the Park District still failed to carry its burden of establishing a section 3--106 affirmative defense.

Munoz v. Bulley & Andrews, LLC

456 Ill. Dec. 769 · Illinois Supreme Court · Jan 21, 2022

The Act establishes a system of liability without fault by which the employer exchanges traditional common-law defenses for the prohibition of common-law suits against it. 820 ILCS 305/1 et seq. (West 2016); Forsythe v. … Ioerger differs in material facts and is clearly distinguishable from the facts of this case.

State Building Venture v. O'Donnell

Illinois Supreme Court · Nov 18, 2010

Here, the State Lawsuit Immunity Act clearly and unambiguously provides that the “State of Illinois shall not be made a defendant or party in any court,” except as provided in the Court of Claims Act. … According to CMS, -8- the fact that SBV sued the Director of CMS, in the Director’s official capacity, further establishes that SBV seeks relief from the state.

Cowper v. Nyberg

2015 IL 117811 · Illinois Supreme Court · Apr 23, 2015

and Governmental Employees Tort Immunity Act (745 ILCS 10/2-109, 2-201 (West 2012)). … These sections continued a rule that had already been established at common law and which had survived the abolition of sovereign immunity. Id.

Moore v. Green

Illinois Supreme Court · Apr 20, 2006

Section 4B102 of the Tort Immunity Act provides: ANeither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection … Section 305 and sections 4B102 and 4B107 cannot be harmonized because clearly the immunity provided by both statutes applies to Moore=s allegations.

Caveney v. Bower

207 Ill. 2d 82 · Illinois Supreme Court · May 8, 2003

Glisson, 202 Ill. 2d 499 (2002), the legislature has clearly indicated the “temporal reach” of every amended statute. … Clearly, the 1999 amendment to section 201(k) is a substantive change in the law, as it establishes an income tax credit for S corporation shareholders that previously did not exist.

The People v. Niesman

356 Ill. 322 · Illinois Supreme Court · Apr 21, 1934

Section 7 requires that the hearing on the petition shall be by the court and a commission of two qualified physicians or one such physician and a qualified psychologist, residents of the county, to be selected by the judge … Due process of law implies the administration of equal laws according to established rules, not violative of the fundamental principles of private right, by a competent tribunal having jurisdiction of the casé and proceeding

Tzakis v. Maine Township

2020 IL 125017 · Illinois Supreme Court · Nov 19, 2020

Defendants responded that the new law established in Coleman should only be applied prospectively. … ¶ 29 As to the first factor, defendants correctly assert that Coleman clearly established a new principle of law by overturning decades of existing precedent.

O'Brien v. Township High School District 214

83 Ill. 2d 462 · Illinois Supreme Court · Oct 17, 1980

In our opinion, the negligence alleged clearly went beyond and was totally outside the ambit of a teacher’s supervisory function. … Indeed, public policy, as expressed in the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev.

Maksym v. Board of Election Commissioners

242 Ill. 2d 303 · Illinois Supreme Court · Jan 27, 2011

[must have] resided in the municipality at least one year next preceding the election.” 4 The court determined that the candidate was clearly a qualified elector because, without regard to whether the Hermitage House constituted … This court’s decision is based on the following and only on the following: (1) what it means to be a resident for election purposes was clearly established long ago, and Illinois law has been consistent on the matter since

Doe v. Calumet City

161 Ill. 2d 374 · Illinois Supreme Court · Aug 4, 1994

This common law protection afforded municipalities became embodied in statutory immunities granted under the Tort Immunity Act. … Ct. 2689 , 2694 n.3), section 1983 establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” by any person acting "under color of any statute, ordinance