Case law

The PEOPLE v. Ferguson

20 Ill. 2d 295 · Illinois Supreme Court · Sep 29, 1960

Ferguson, is a duly elected, commissioned, qualified and de jure Judge of the Municipal Court of the City of Chicago, County of Cook, Illinois and, as such Judge, immune from indictment and trial on indictment for offenses … a confession obtained by a promise of immunity.

Carroll v. Paddock

199 Ill. 2d 16 · Illinois Supreme Court · Feb 7, 2002

Plaintiff responded that HRC and the Hospital did not qualify as local public entities under the Act. … ” under the Tort Immunity Act.

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

192 Ill. 2d 274 · Illinois Supreme Court · Aug 10, 2000

The defendants challenge the appellate court’s interpretation, arguing that the statute immunizes a local public entity that establishes a rescue service but fails to competently use that service when summoned by a particular … 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.

Adames v. Sheahan

233 Ill. 2d 276 · Illinois Supreme Court · Mar 19, 2009

The appellate court noted that the trial court did not address the tort immunity issue, and in remanding, stated that its finding that Sheahan was liable under the doctrine of respondeat superior did not end the immunity … Plaintiffs do not dispute that their lawsuit is a civil action or proceeding against a manufacturer of a qualified product and that the Beretta is a qualified product.

Epstein v. Chicago Board of Education

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

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

Andrews v. Metropolitan Water Reclamation District of Greater Chicago

2019 IL 124283 · Illinois Supreme Court · Jan 29, 2021

If the answer is “no,” then the District has not established its affirmative defense of immunity under section 2-201 of the Tort Immunity Act. … of establishing discretionary immunity under sections 2-109 and 2-201.

Robinson v. Village of Sauk Village

460 Ill. Dec. 618 · Illinois Supreme Court · Apr 21, 2022

¶ 15 Plaintiff responds that a show of authority alone is not enough to establish custody for the purpose of immunity under section 4-106(b). … ¶ 22 After reviewing those various definitions of the term “custody,” this court concluded that Lowe was clearly an escaping prisoner within the meaning of the Tort Immunity Act.

Fraser v. Universities Research Ass'n, Inc.

Illinois Supreme Court · Dec 2, 1999

While the focus of the Campground Licensing Act is clearly campground regulation, it also applies specifically to recreational areas. … In 1987, amendments to the Recreational Use Act and the Campground Licensing Act effected changes which indicate both a legislative intent to broaden the category of land qualifying for the immunity of the Recreational Use

Halpin v. Scotti

415 Ill. 104 · Illinois Supreme Court · Apr 21, 1953

The plain language of section 10a clearly renders appellee immune to prosecution or criminal penalty for anything concerning which he may truthfully give evidence. … No prejudice will result to appellee from an amendment of the prayer of appellant to include the establishment of a new date for the hearing.

Illinois State Treausrer v. Illinois Workers' Compensation Commission

2015 IL 117418 · Illinois Supreme Court · May 22, 2015

Sovereign immunity cannot come into play here, however, for the State has expressly elected to subject itself to the provisions of the Act (see 820 ILCS 305/1(a)(1), (2) (West 2012)), thus waiving its immunity … with regard to workers’ compensation matters. ¶ 33 This waiver of immunity is not absolute, but in those limited instances where the legislature wished to preserve its immunity and exempt the State from the

Ries v. City of Chicago

242 Ill. 2d 205 · Illinois Supreme Court · Feb 25, 2011

Clearly, Lowe was an escaping prisoner as defined by the Tort Immunity Act. … We agree with the City that this is mere semantics designed to avoid a clearly applicable immunity.

Jinkins v. Lee

Illinois Supreme Court · Mar 18, 2004

The Court of Claims Act establishes such a court to serve as a forum for actions against the state. 705 ILCS 505/1 et seq. (West 2002). … Here, the complaint is clearly directed to the alleged failure of Dr. Lee and Medlin to abide by their respective standards of care in their evaluation of George.

Valfer v. Evanston Northwestern Healthcare

2016 IL 119220 · Illinois Supreme Court · Jun 24, 2016

But we note that if a physician cannot show a violation of the hospital bylaws, there is no need to reach the statute’s immunity or the exception to that immunity because the physician could not establish a … would establish wilful and wanton misconduct.

DOE EX REL. v. Chicago Bd. of Educ.

213 Ill. 2d 19 · 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.

In re Estate of Speed

216 Ill. 23 · Illinois Supreme Court · Jun 23, 1905

Embraced within the power possessed by the legislature to abrogate the right to take is the power to qualify that right and to impose conditions and burdens upon it. … States, which declares the citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.

Feltmeier v. Feltmeier

207 Ill. 2d 263 · Illinois Supreme Court · Sep 18, 2003

In addition to the three issues certified for review, the court addressed an immunity issue raised by Robert on appeal. … However, in this case, brought after the parties were divorced, “there is clearly no marital harmony remaining to be preserved.” Henriksen, 622 A.2d at 1139 .

Eagan v. Chicago Transit Authority

158 Ill. 2d 527 · Illinois Supreme Court · Apr 21, 1994

In interpreting the scope of immunity granted by section 27, we are guided by certain well-established principles of statutory construction. … Clearly, the allegations in Eagan’s complaint fall within the provisions of circumstance (2)(b) listed above. In his brief, however, Eagan contends that section 27 does not provide the CTA with immunity in this case.

Molitor v. Kaneland Community Unit District No. 302

24 Ill. 2d 467 · Illinois Supreme Court · Mar 23, 1962

the rule herein established shall apply only tó cases arising out of future occurrences.” ( 18 Ill.2d 11, 26-7 .) … It should be evident that this holding in no way modifies or affects our holding in the Molitor case or the cut-off date relative to governmental tort immunity as previously established in that case, and therefore, does not

State Building Venture v. O'Donnell

239 Ill. 2d 151 · 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, the fact that SBV sued the Director of CMS, in the Director’s official capacity, further establishes that SBV seeks relief from the state.

Blair v. Walker

64 Ill. 2d 1 · Illinois Supreme Court · May 28, 1976

A qualified privilege, however, is conditional upon the good faith and reasonable behavior of the defendant. Prosser, Handbook of the Law of Torts, secs. 114, 115 (4th ed. 1971). … Matteo, the Supreme Court traced the historical development of the principle of absolute immunity.