Case law

Nelson v. County of Kendall

990 N.E.2d 1237 · Appellate Court of Illinois · May 30, 2013

The Newman court’s resolution of that issue is not helpful to determining whether State’s Attorneys are subject to the Act, which turns on whether the office of State’s Attorney qualifies as a judicial … Rather, our task is to resolve the narrow issue of whether the legislature intended for the office of State’s Attorney to qualify as a “public body” subject to the Act.

Burge v. Exelon Generation Company, LLC

37 N.E.3d 907 · Appellate Court of Illinois · Jul 30, 2015

The plaintiffs alleged that the employees who attempted to replace the valve were not qualified to do so. … ¶ 18 Accordingly, defendant has failed to establish a basis for claiming immunity under section (5)(a) of the Act, and it was error to dismiss plaintiffs’ complaint.

Suwanski v. Village of Lombard

342 Ill. App. 3d 248 · Appellate Court of Illinois · Jul 30, 2003

On the other hand, there are also undisputed facts that clearly support a finding of willful and wanton conduct. … Any amendment of the Tort Immunity Act in this regard must be left to the legislature.

Barnes v. Gibbons

2021 IL App (5th) 190415-U · Appellate Court of Illinois · Oct 26, 2021

¶ 29 Furthermore, government officials, such as Gibbons, sued in their individual capacities for civil rights violations can be entitled to either qualified or absolute immunity from damages. Filarsky v. … If prosecutors are not acting in their role as an advocate, qualified immunity can apply to activities such as acting as a complaining witness or providing a supporting affidavit to establish probable cause for an arrest

State of Illinois Medical Center Commission v. Peter Carlton at Ogden & Oakley, Inc.

169 Ill. App. 3d 769 · Appellate Court of Illinois · May 2, 1988

The language of these provisions clearly empowers the Commission to make land use decisions within the District and bar those uses which it considers unlawful. … After noting that “[n]either the Illinois Municipal Code nor the Park District Code provides park districts with immunity from the zoning ordinances of their host municipality” and accepting the appellate court’s finding

Donovan v. County of Lake

2011 IL App (2d) 100390 · Appellate Court of Illinois · Jul 8, 2011

Plaintiffs argue that the County did not establish its defense under the Tort Immunity Act because some of the duties that were allegedly breached were not discretionary. … Accordingly, we find that the County met its burden of establishing that count I should have been barred because the County was shielded from liability under section 2–201 of the Tort Immunity Act.

Ziemba v. Anania

231 Ill. App. 3d 99 · Appellate Court of Illinois · Jun 26, 1992

Clearly this gratuitous comment by the court is in conflict with the reasoning of our supreme court in Towns. In Williams v. Bolsten (1989), 184 Ill. … In Tallios, the employee was not even joined in the action, since he was plaintiff’s husband and protected by inter spousal immunity.

Glass v. City of Chicago

Appellate Court of Illinois · Jun 1, 2001

Act (Governmental Tort Immunity Act) (745 ILCS 10/3-101 et seq. … Alternatively, a new trial is appropriate if the verdict is contrary to the manifest weight of evidence in that it is palpably erroneous, clearly the result of passion and prejudice or arbitrary and unreasonable.

Costello v. Capital Cities Media, Inc.

111 Ill. App. 3d 1009 · Appellate Court of Illinois · Dec 21, 1982

The court stated that when an opinion is “something more than a generally derogatory remark but is laden with factual content,” the first amendment does not confer absolute immunity, but merely the qualified protection accorded … Further proceedings are required to determine whether actual malice can be established with clear and convincing evidence.

People v. Dauphin

53 Ill. App. 2d 433 · Appellate Court of Illinois · Nov 5, 1964

Defendants contend that under the provisions of the foregoing statute the indictment check qualifies as an instrument payable to bearer because Kearns knew at the time he made such check payable to the order of Phillip Gr … Examination of numbers 29 and 30 indicate clearly that they assumed facts not in evidence. As an example, Instruction 29 recited that “if you believe from the evidence that . . .

Lena Community Trust Fund, Inc. v. Department of Revenue

322 Ill. App. 3d 884 · Appellate Court of Illinois · Jun 13, 2001

The ALJ found that the Trust did not qualify as an institution of public charity because the Trust charged fees for the use of the community center. … The ALJ also found that the Trust failed to establish that the property was used exclusively for charitable purposes.

People v. Lewis

211 Ill. App. 3d 276 · Appellate Court of Illinois · Mar 29, 1991

At the sentencing hearing, it was established that defendant had a 1981 conviction for unlawful distribution of a controlled substance in the Federal courts in Illinois. … It is just as well because the trial court’s determination on the question of the voluntariness of a consent to search is to be accepted unless it is clearly unreasonable. (Woolery, 193 Ill.

Department of Business v. Schoppe

1 Ill. App. 3d 313 · Appellate Court of Illinois · Aug 2, 1971

Now, that will be established by the testimony of appraisers who know the area, and we expect the evidence to show that those values close to them were also established by the first appraiser that these defendants hired to … Biggers (1962), 360 S.W.2d 516 ); and find them clearly distinguishable.

Repaskey v. Chicago Transit Authority

9 Ill. App. 3d 897 · Appellate Court of Illinois · Jan 12, 1973

That case involved Section 8 — 102 of the Local Government and Governmental Employees Tort Immunity Act (Ill. Rev. … Nevertheless we feel constrained to follow what remains the established law of this state. The judgment of the circuit court is affirmed. Affirmed. ENGLISH and LORENZ, JJ., concur. * § 341.

People v. Mason

1 Ill. App. 3d 302 · Appellate Court of Illinois · Sep 16, 1971

The constitutional prohibition being against unreasonable searches and seizures, no immunity from search is given on the occasion of a lawful arrest. People v. Clark, 9 Ill.2d 400 , 137 N.E.2d 820 ; Harris v. … The circumstances shown by the evidence here so clearly fail to meet the test of reasonableness that it is not necessary to analyze the rule.

Matarese v. Buka

Appellate Court of Illinois · Oct 31, 2008

On appeal, a trial court will not be reversed "for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant." Schultz, 201 Ill. 2d at 274. … App. 3d at 566. 12 1-06-2276 On appeal, the court ruled that the trial court's hybrid instruction was not error but, rather, a correct statement of the law that clearly

Board of Education of Community Unit School District 201-U v. Pomeroy

47 Ill. App. 3d 468 · Appellate Court of Illinois · Apr 14, 1977

The trial court concluded that the Local Government and Governmental Employees Tort Immunity Act clearly applies to any public employees and to any act or omission by them in the execution or enforcement of any law. … The 12% interest penalty was established as a means of achieving this objective.

Cobden Unit School District No. 17 v. Illinois Educational Labor Relations Board

966 N.E.2d 503 · Appellate Court of Illinois · Feb 28, 2012

It clearly can ***.” Niles Township, 379 Ill. App. 3d at 33. … However, the majority fails to explain how full disclosure would impair the District’s duty to ensure the selection of the most qualified teachers.

Denton v. CIVIL SERVICE COM'N OF STATE

277 Ill. App. 3d 770 · Appellate Court of Illinois · Feb 8, 1996

When the Director establishes eligible lists on the basis of category ratings such as 'superior’, 'excellent’, 'well-qualified’, and 'qualified’, the veteran eligibles in each such category shall be preferred for appointment … Section 8b.7(f) of the Code clearly is intended to do something other than add "points” when the lists are grouped according to category ratings.

Musikantow v. Village of South Holland

44 Ill. App. 3d 327 · Appellate Court of Illinois · Nov 29, 1976

The record clearly establishes the intention of the subdivision developer to dedicate Outlot A to the Village for park use, and the finding to the contrary by the circuit judge was against the manifest weight of the evidence … An easement which is of indeterminate duration qualifies for this exemption.