Case law

Fulk v. Roberts

164 Ill. App. 3d 194 · Appellate Court of Illinois · Nov 9, 1987

Defendants contend on appeal that qualified immunity bars an action against them as private individuals. We agree. … As the defendants acted in good faith, qualified immunity barred this action for damages against defendants as private individuals.

Janes v. Albergo

254 Ill. App. 3d 951 · Appellate Court of Illinois · Sep 17, 1993

A physician’s duty is to exercise the same degree of knowledge, skill, and care which a reasonably well-qualified physician in the same or similar community would use under similar circumstances. (Purtill v. … following established hospital policy.

Stratman v. Brent

291 Ill. App. 3d 123 · Appellate Court of Illinois · Aug 6, 1997

The defendant’s argument that he has a duty to the general public to reasonably insure that only qualified applicants become law enforcement officers is also not persuasive. … In the case at bar, the defendant’s statements were clearly meant to be a comment on the plaintiff’s ability to perform in future positions.

LeMenger v. Fitzgerald

1 Ill. App. 3d 803 · Appellate Court of Illinois · Nov 5, 1971

The statute specifically grants immunity for failure to establish a police department or otherwise to provide police protection service. … Certainly, the language of the Act which grants immunity for inadequate police protection or failure to prevent the commission of crime, clearly covers the situation where there had been a withdrawal of a previously established

Miller v. Hill

Appellate Court of Illinois · Feb 6, 2003

Under section 5(c)(3) (740 ILCS 130/5(c)(3) (West 2000)), a person qualifies for immunity if his firearm range is in compliance with the requirements of the local zoning authority. … In sum, our review of plaintiffs’ chancery action, made in light of the plain language of section 5(c), establishes that Hill is immune from a nuisance action based on noise.

Board of Trustees of Community College District No. 502 v. Department of Professional Regulation

Appellate Court of Illinois · Jan 31, 2006

There, the defendant, an employee of a community college, sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … We are aware that, when the intent of the legislature is clearly expressed and the objects and purposes of a statute are clearly set forth, the courts are not bound by the -

Stanley v. Denning

130 Ill. App. 2d 628 · Appellate Court of Illinois · Dec 3, 1970

However, there is a contrary emphasis applied to a right which is firmly established in our concepts of justice, embodied in the common law and in the constitution “Every person ought to find a certain remedy in the laws … Absent a clearly expressed intention to apply Tort Immunity Act to pre-existing cause of action, we hold the legislation to be prospective.

Giovenco-Pappas v. Berauer

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

However, the court also made specific determinations about the effect and applicability of other immunity statutes, specifically the State Lawsuit Immunity Act and the qualified-immunity provision of the Adult Protective … ¶ 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. England, 348 Ill.

Taylor v. BI-COUNTY HEALTH DEPT.

353 Ill. Dec. 857 · Appellate Court of Illinois · Aug 4, 2011

Birner explained that Cora's insurance had changed so that Logan was no longer covered under Medicaid for vaccines, but he was still qualified to receive VFC vaccines through Red Bud Pediatrics. … The plaintiffs attached that provider enrollment form to the motion to vacate, which provides, in relevant part, "I will comply with the appropriate immunization schedule, dosage and contraindications established by the DHHS

Scheidler v. Cook County Officers Electoral Board

276 Ill. App. 3d 297 · Appellate Court of Illinois · Nov 8, 1995

In their motions, the respondents argued, among other things, that another action was pending between the same parties for the same cause (i.e., the Legg litigation); absolute or qualified immunity protected the various respondents … The Cook County respondents advance the following arguments: (1) the respondent Cook County Officers Electoral Board is immune from the section 1983 claims under the doctrines of absolute judicial immunity and qualified immunity

People v. Haleas

404 Ill. App. 3d 668 · Appellate Court of Illinois · Oct 13, 2010

Although Kastigar clearly prohibits the government from making any direct or indirect evidentiary use of immunized testimony, see Kastigar, 406 U.S. at 460 , [ 32 L. Ed. 2d at 226 ,] 92 S. Ct. … This burden may be met by establishing that the witness was never exposed to North’s immunized testimony, or that the allegedly tainted testimony contains no evidence not ‘canned’ by the prosecution before such exposure occurred

Hadley v. DOC

Appellate Court of Illinois · Dec 13, 2005

Thus, sovereign immunity bars lawsuits by a private citizen against the State in state court unless the legislature has waived the immunity. People ex rel. Manning v. … App. 3d 675, 682-83 , 695 N.E.2d 566, 571 (1998)), we ask whether plaintiff has pleaded facts establishing that he has a certain and clearly ascertainable right needing protection (see Local 1894 v. Holsapple , 201 Ill.

Jones v. Department of Public Aid

Appellate Court of Illinois · May 1, 2007

Four factors must be established before the trial court grants an injunction: 1) a clearly ascertainable right in need of protection; 2) the occurrence of irreparable harm without the injunction; 3) an inadequate remedy … The Department’s limited evidence on projected costs for individuals similar to Michael does not clearly establish what level of funding it considers would be necessary to accommodate individuals with disabilities comparable

Hudson v. City of Chicago

378 Ill. App. 3d 373 · Appellate Court of Illinois · Dec 14, 2007

He clearly was being called upon to execute or enforce a law. … On the other hand, there is an extensive line of cases that has held that ordinary police activities do not qualify as enforcement or execution of the law so as to be protected by section 2 — 202 immunity.

Evans v. Page

341 Ill. App. 3d 486 · Appellate Court of Illinois · Jun 18, 2003

Section 202 of the ADA provides as follows: “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the … Although Congress properly and clearly expressed its intent to do so, it acted on the basis of an inadequate record and imposed a remedy that is neither congruent nor proportional to the problem it identified.”

Nguyen v. Lam

2017 IL App (1st) 161272 · Appellate Court of Illinois · Feb 5, 2018

Lam admitted that he never inspected the catch basin or lid after 1992 and a videotape and photographs clearly showed the rusted condition of the catch basin lid and the deteriorated concrete around the … The defendant municipality asserted it was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-102(a) (West 2010)) because it did

Melbourne Corp. v. City of Chicago

76 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 4, 1979

Accordingly, to constitute a so-called “constitutional tort,” defendant’s actions must constitute a knowing or malicious violation of Melbourne’s clearly established constitutional rights. … That Melbourne’s constitutional rights were being violated was not “clearly” established until the decision of our supreme court and then only by a four-to-three margin.

Rajterowski v. City of Sycamore

405 Ill. App. 3d 1086 · Appellate Court of Illinois · Nov 1, 2010

When a law establishes a citizenship or residency classification, a court applies a two-part test in assessing whether the law violates the privileges and immunities clause. … The foregoing allegations are clearly conclusory.

Layfer v. Tucker

71 Ill. App. 3d 333 · Appellate Court of Illinois · May 3, 1979

At the time of the filing of the instant lawsuit the treasurer of Lake County had accumulated *792,653.75, deposited in qualified banking depositories. … Thus, this fund was not established in the original instance as a fund for the class represented by counsel for the plaintiffs.

Estate of Herington v. County of Woodford

250 Ill. App. 3d 870 · Appellate Court of Illinois · Sep 9, 1993

If plaintiffs established the culverts were an improvement to real property, section 13-214(a) of the Code would apply; if not, section 8-101 of the Tort Immunity Act would apply. … Moreover, they failed to file any affidavits to establish that there was construction of an improvement to real property.