Case law

Arteman v. Clinton Community Unit School District No. 15

198 Ill. 2d 475 · Illinois Supreme Court · Jan 25, 2002

establish willful and wanton misconduct, an exception to section 3—108(a) immunity. … The public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply with as much force to the latter.

Barnett v. Zion Park District

171 Ill. 2d 378 · Illinois Supreme Court · Apr 18, 1996

A fundamental flaw in their analysis is that it interprets section 3 — 108(b) as if that is what establishes the public entity’s basic immunity. … What section 3 — 108(b) does is to qualify the basic immunity contained in section 3 — 108(a) and create an exception to it. There is nothing ambiguous about the legislature’s intention.

Township of Jubilee v. State of Illinois

2011 IL 111447 · Illinois Supreme Court · Dec 15, 2011

As grounds for its motion, the State argued that under the State Lawsuit Immunity Act (Immunity Act) (745 ILCS 5/0.01 et seq. … The purpose of the statutory provisions establishing sovereign immunity is to protect the State from interference with the performance of governmental functions and to preserve and to protect State funds.

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.

Oak Park National Bank v. Village of Broadview

27 Ill. 2d 151 · Illinois Supreme Court · Feb 1, 1963

“Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided further … It is not a right of citizenship nor one of the privileges and immunities of citizens of the United States. It involves no constitutional right which is violated by the mere curtailment or termination of its exercise.”

Slack v. City of Salem

31 Ill. 2d 174 · Illinois Supreme Court · Sep 25, 1964

Before any bonds may be issued, a majority of the qualified voters of the municipality voting at a special public policy referendum must approve their issuance. … As is stated in Borchard on Declaratory Judgments, 2d ed. 1941, p. 63, “But until the statute or ordinance is passed,' the claim of privilege or immunity would be premature.” (See City and County of Denver v.

Hudgens v. Dean

75 Ill. 2d 353 · Illinois Supreme Court · Jan 26, 1979

Following a bench trial, the circuit court found that prior to the State’s acquiring title, (1) the road had been established as a public highway by prescription; (2) the road became part of the village street system; and … Clearly, defendant’s decision to close the road was made in his official capacity.

Bio-Medical Laboratories, Inc. v. Trainor

68 Ill. 2d 540 · Illinois Supreme Court · Oct 17, 1977

A challenge is also made on the grounds that plaintiff’s action is barred by the doctrine of sovereign immunity. … An examination of the Code’s provisions clearly indicates that defendant has been given no express authority to terminate or suspend vendors.

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

Township of Jubilee v. State

355 Ill. Dec. 668 · Illinois Supreme Court · Dec 15, 2011

In the court's view, the litigation "clearly affect[ed] property of the State" and the real party in interest was the State, not the individual State official named as the defendant. … The purpose of the statutory provisions establishing sovereign immunity is to protect the State from interference with the performance of governmental functions and to preserve and to protect State funds. People ex rel.

L'Hote v. Village of Milford

212 Ill. 418 · Illinois Supreme Court · Oct 24, 1904

If the act must necessarily produce a result clearly and unquestionably forbidden by the constitution it cannot be upheld, whatever may be its form or profession.” … If the result of legislation is to establish dissimilarity in the powers of different cities in respect of the making of local improvements, the act would clearly be unconstitutional if its operation be restricted to certain

Better Government Association v. Illinois High School Ass'n

2017 IL 121124 · Illinois Supreme Court · Jan 30, 2018

-7- ¶ 32 We next address the BGA’s contention that an entity that qualifies as a “local public entity” under the Tort Immunity Act should also be considered … App. 3d 1065 (2005), the IHSA made several arguments in an effort to establish the operational control necessary to support its tort immunity.

People v. Schaeffer

310 Ill. 574 · Illinois Supreme Court · Dec 19, 1923

Still established, without contradiction, the following facts: Appellant entered the American School of Osteopathy, at Kirksville, Missouri, in which Still was professor of surgery and chief surgeon of its hospitals, on January … discriminates against the osteopath and seems to place the examinations of osteopaths to practice osteopathy entirely at the will and discretion of a medical board, as no one other than those educated in the medical system are qualified

Home Star Bank and Financial Services, etc. v. Emergency Care and Health Organization, Ltd.

2014 IL 115526 · Illinois Supreme Court · Apr 24, 2014

The term is clearly capable of being understood by reasonable persons in more than one way. … Here, those considerations clearly support a broad, flexible reading of the word “fee.”

Horsehead Corp. v. Department of Revenue

2019 IL 124155 · Illinois Supreme Court · Nov 21, 2019

A mixed question of law and fact is reviewed under the “clearly erroneous” standard. Id. at 143. … the established facts is or is not violated.

Solaia Technology v. Specialty Publishing

Illinois Supreme Court · Jun 22, 2006

The second class encompasses conditional or qualified privileges where immunity is conferred because of Athe occasion upon which the allegedly false statement is published.@ Modern Tort Law '36:24, at 36B39. … However, once a defendant establishes a qualified privilege, a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a

Village of Bloomingdale v. CDG Enterprises, Inc.

196 Ill. 2d 484 · Illinois Supreme Court · Jun 21, 2001

CDG’s Counterclaim in Tort This court has already established a significant line of precedent regarding the existence of common law exceptions to immunities granted by the Act. … Clearly, the legislature did not intend to grant an empty immunity to local public entities when they denied “permits” such as zoning petitions. See State Farm Fire & Casualty Co. v.

Ostergren v. Forest Preserve District of Will County

104 Ill. 2d 128 · Illinois Supreme Court · Oct 19, 1984

This court ruled that the park district was immune from liability for injuries in the park due to the legislative enactment governing governmental immunity. … This clearly does not encompass snowmobiles, which are inherently dangerous instrumentalities.

Marsh v. Astoria Lodge No. 112

27 Ill. 421 · Illinois Supreme Court · Jan 15, 1862

It establishes the fact of the existence of such a lodge, No. 112, but the plea goes further, and questions the right of the lodge to sue, in the name it has sued. … However just, and clearly established, is the defendant’s liability in this case, yet, as the suit is not brought by the parties entitled to sue as plaintiffs, we are compelled to reverse the judgment.

Fujimura v. Chicago Transit Authority

67 Ill. 2d 506 · Illinois Supreme Court · Sep 20, 1977

Classification of governmental entities based upon their functions and activities is clearly proper. The CTA was established to operate and maintain a mass transportation system in the Chicago metropolitan area. … This court has recently held that the immunity-waiver provision of section 9 — 103(b) of the Tort Immunity Act is inapplicable to the immunity created by sections 24 — 24 and 34 — 84a of the School Code (Ill. Rev.