Case law

Falk v. Martel

210 Ill. App. 3d 557 · Appellate Court of Illinois · Mar 15, 1991

The case was removed to Federal court, and the defendant was granted summary judgment on count Y on the basis of qualified immunity. The remainder of the complaint was remanded back to the circuit court. … App. 2d 239 , 246 N.E.2d 24 ), nor was an employee of the Department of Transportation liable for failure to establish a no-passing zone where one was called for by State standards (Mora v.

Renzi v. Morrison

249 Ill. App. 3d 5 · Appellate Court of Illinois · Jun 24, 1993

As a further safeguard, no record or communication is relevant “unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production.” … The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the act.

U.S. Bank v. Lindsey

397 Ill. App. 3d 437 · Appellate Court of Illinois · Dec 7, 2009

Atkinson testified that the Carmichael truck was subject to federal regulations that required Lindsey to be qualified and trained to possess a commercial driver’s license (CDL). … Next of Kin and Establishment of Parentage Carmichael contends that plaintiff failed as a matter of law to establish that decedent was the biological father of the children who claimed to be beneficiaries of the estate.

Clarage v. Kuzma

Appellate Court of Illinois · Jul 30, 2003

We find that, under the facts alleged, the qualified privilege does not apply. … We find that the qualified privilege does not apply. Defendant Scully also claims that his actions are protected by sections 2-206 and 2-201 of the Tort Immunity Act.

Buechele v. St. Mary's Hospital Decatur

156 Ill. App. 3d 637 · Appellate Court of Illinois · Jun 11, 1987

Furthermore, a provision which would grant absolute immunity to those making the reports but only qualified immunity to those assisting would make no sense. … The right to file a lawsuit claiming individual injury is a purely personal right and does not involve any clearly mandated public policy.

O'Toole v. Chicago Zoological Society

2014 IL App (1st) 132652 · Appellate Court of Illinois · Oct 17, 2014

The court also rejected the defendant academy’s argument that such analysis was overly restrictive because no not-for-profit corporation could ever qualify for immunity. Id. at 439-40, 445. … “Such close interaction and comprehensive governmental control of a not-for-profit corporation exemplify the characteristics of the type of organization that may be able to qualify for immunity as a ‘local public

Brooks v. Daley

2015 IL App (1st) 140392 · Appellate Court of Illinois · May 7, 2015

immunity provided under section 2-201 into sovereign immunity, creating a state where “the king can do no wrong.” … In this way defendants coerced Brooks to resign. ¶ 26 Defendants argue that such conduct is immunized because cases establish that hiring and firing decisions are considered both determinations of policy

Goral v. Kulys

2014 IL App (1st) 133236 · Appellate Court of Illinois · Dec 17, 2014

Whether Defendant’s Acts Were in Furtherance of His Political Rights ¶ 36 The parties agree that the first prong is established in this case. … We conclude that defendant has met his burden with respect to the second prong of immunity under the Act.

Ross v. Mauro Chevrolet

Appellate Court of Illinois · Dec 28, 2006

and Governmental Employees Tort Immunity Act (Immunity Act). … Defendants also contended that -4- 1-06-0156 the officers' establishment of probable cause provided them with qualified immunity against the section 1983 claims.

Ware v. The City of Chicago

375 Ill. App. 3d 574 · Appellate Court of Illinois · Aug 1, 2007

customary construction practices; c. supervise inspectors to ensure identification of Building Code violations or deviation from ordinary and customary construction practices; d. employ qualified … It is well established that the Tort Immunity Act does not impose new duties on a public entity; rather, it merely confers immunities and defenses.

Lacey v. Village of Palatine

379 Ill. App. 3d 62 · Appellate Court of Illinois · Feb 4, 2008

The court determined that the limited immunity in section 305 of the Domestic Violence Act clearly works in concert with the requirements in section 304: “section 304 creates duties; section 305 limits civil liability for … Defendants had the burden of proof in establishing their immunity. Van Meter, 207 Ill. 2d at 370 . They failed to do so.

Brewer v. Board of Trustees of the University of Illinois

339 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 17, 2003

Illinois has not clearly waived sovereign immunity; far from it, Illinois has clearly reinstated sovereign immunity, with the two narrow qualifications the Immunity Act specifies. … The United States Supreme Court held: “[T]he Rhode Island courts have jurisdiction adequate and appropriate under established local law to adjudicate this action.

Welch v. Illinois Supreme Court

322 Ill. App. 3d 345 · Appellate Court of Illinois · Jun 4, 2001

As Welch’s employer, Justice Heiple is protected by a qualified privilege. See Vajda v. Arthur Andersen & Co., 253 Ill. App. 3d 345, 358-59 (1993). … It is well established that a breach of contract claim against the State is a present claim for relief barred by sovereign immunity. See, e.g., Smith v. Jones, 113 Ill. 2d 126, 132-33 (1986).

Jinkins v. Lee

Appellate Court of Illinois · Feb 5, 2003

common law doctrine of public officials' immunity. … Further, it is well established that public officials' immunity does not apply to every discretionary act by an official but rather only to those acts which are unique to the particular public office.

Salte v. YMCA of Metropolitan Chicago Foundation

351 Ill. App. 3d 524 · Appellate Court of Illinois · Aug 2, 2004

Although some of the equipment normally found in an intubation kit was on the premises, the nurse did not bring it because she was not qualified to use it. … Additionally, although the complaint alleges that the paramedic was “duly qualified,” the complaint fails to indicate whether the paramedic was certified and licensed and whether the paramedic was trained or qualified to

Giovenco-Pappas v. Berauer

2020 IL App (1st) 190904 · Appellate Court of Illinois · Sep 9, 2020

Act and the qualified-immunity provision of the Adult Protective Services Act. ¶ 21 Plaintiffs timely appealed … Currie, 148 Ill. 2d at 158. ¶ 28 Plaintiffs do not deny that defendants here would qualify as State actors who ordinarily would be entitled to sovereign immunity. And rightly so. In Toth v.

Barnes v. Chicago Housing Authority

Appellate Court of Illinois · Dec 3, 2001

Specifically, section 1437r of the Housing Act provides: "A resident management corporation that qualifies under this section * * * shall enter into a contract with the public housing agency establishing the respective management … "The party who challenges a statute's constitutionality bears the heavy burden of clearly establishing the violation alleged." Rose v. Pucinski , 321 Ill. App. 3d 92, 96 (2001).

Moss v. Miller

254 Ill. App. 3d 174 · Appellate Court of Illinois · Dec 22, 1993

Sovereign Immunity Dr. Miller and Dr. Gibbens contend that under the doctrine of sovereign immunity, the Court of Claims has exclusive jurisdiction over plaintiff’s tort action. … Evidence established that plaintiff suffered a severe injury which could cause him problems the rest of his life.

Taylor v. Bi-County Health Department

2011 IL App (5th) 90475 · Appellate Court of Illinois · Aug 4, 2011

established by the DHHS [United States Department of Health and Human Services] Advisory Committee on Immunization Practices, unless (a) *** I deem such compliance to be medically inappropriate; or (b) the particular … Without any argument or evidence to show control, the plaintiffs cannot establish the special duty exception to the public duty rule.

Sexton v. City of Chicago

976 N.E.2d 526 · Appellate Court of Illinois · Aug 16, 2012

Loumiet, who was qualified as an expert witness on accident reconstruction and highway safety. … Thus, despite the majority’s contention to the contrary, it is unreasonable to conclude that the City had immunity based on an initial installation when the evidence clearly establishes subsequent improvements