Case law

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.

Township of Jubilee v. State

344 Ill. Dec. 746 · Appellate Court of Illinois · Oct 20, 2010

The plat clearly shows “granite” and “sandstone” at the four corners of the “public square.” … The State fails to present us with any facts that establish that the Township is actually attempting to sell the “public square.”

Northwestern Life Ass'n v. Stout

32 Ill. App. 31 · Appellate Court of Illinois · Nov 23, 1889

Thus apparently treating premiums as dues, and the term annual as qualifying both. … The statute does not make provision for all of them the condition of the immunity here claimed, but gives authority to provide for all, or for any less than all, with the immunity upon other conditions expressed, which are

Joseph Construction Co. v. Board of Trustees of Governors State University

362 Ill. Dec. 386 · Appellate Court of Illinois · Jul 20, 2012

Ellis, 102 Ill. 2d at 394-95. ¶ 41 Ellis, Raymond and their progeny clearly hold that our state colleges and universities are “the State” for purposes of sovereign immunity and must be sued in the Court of Claims … While the plaintiff qualifies that statement with the suffix “after the enactment of P.A. 89-4,” as noted above, we find nothing in Public Act 89-4 that changes the applicability of principles of sovereign immunity

Downey v. Wood Dale Park District

286 Ill. App. 3d 194 · Appellate Court of Illinois · Jan 8, 1997

Immunity provided under section 3—108(a) of the Tort Immunity Act (745 ILCS 10/3—108(a) (West 1994)) qualifies as such an affirmative matter. Payne v. Lake Forest Community High School District 115, 268 Ill. … Clearly, this case differs from all the cases that have found a special duty to exist.

Village of Bloomingdale v. C.D.G. Enterprises, Inc.

314 Ill. App. 3d 210 · Appellate Court of Illinois · Jun 21, 2000

It is settled that section 2 — 206 provides employees with absolute, not qualified, immunity. Glenn v. City of Chicago, 256 Ill. App. 3d 825, 842 (1993); Foster & Kleiser, 146 Ill. App. 3d at 932. … App. 3d 235, 236-37 (1987) (section 2 — 205 provides absolute immunity). That is clearly the choice our legislature made with section 2 — 104.

Prakash v. Parulekar

2020 IL App (1st) 191819 · Appellate Court of Illinois · Sep 30, 2020

The clear language of the Act establishes that it was not intended to protect those who - 11 - No. 1-19-1819 commit tortious acts and then seek refuge in the immunity … We find that defendant has failed to establish that plaintiff’s IIED claim was meritless and retaliatory.

Jimenez v. Department of Financial & Professional Regulation

2020 IL App (1st) 192248 · Appellate Court of Illinois · Dec 28, 2020

The sole issue in that case was whether the absolute immunity provided by one statute or the limited immunity provided by a different statute applied to the claims. Id. … There was a clear conflict among the statutory provisions as both immunities could not apply.

Moran v. City of Chicago

286 Ill. App. 3d 746 · Appellate Court of Illinois · Feb 5, 1997

immunity. … In view of our finding that the plaintiff has failed to sufficiently plead his section 1983 claim, we need not discuss the issue of qualified immunity. 7 In his appellant’s brief, the plaintiff asks this court to order the

Serrano v. Chicago Board of Education

257 Ill. App. 3d 888 · Appellate Court of Illinois · Jan 26, 1994

Furthermore, the plaintiff must then establish that (1) the scaffold or device was unsafe; (2) the unsafe condition caused the plaintiff’s injury; (3) the defendant was in charge of the work at the time of the injury; and … If we were to adopt such a broad reading of section 3 — 108(a), the term 'activity’ would engender activities clearly beyond what have been typically and historically regarded as governmental functions.

Leetaru v. Board of Trustees of the University of Illinois

2014 IL App (4th) 130465 · Appellate Court of Illinois · Apr 1, 2014

“The purpose of the statutory provisions establishing sovereign immunity is to protect the State from interference with the performance of governmental functions and to *** protect State funds.” … Rather, he is complaining about the manner in which they are carrying out their clearly authorized duties.

People v. Sims

2025 IL App (4th) 250148 · Appellate Court of Illinois · Nov 17, 2025

The court found the “legislative intent of [section 5 of the Act] is clearly safety and not prosecution.” … ¶ 25 In this case, the elements to establish immunity under section 5(c)(2) are undisputed.

Cooney v. Magnabosco

407 Ill. App. 3d 264 · Appellate Court of Illinois · Feb 10, 2011

If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. … Again, “ ‘[sjhorthand reporter’ means a person who is technically qualified and certified under this Act to practice shorthand reporting.” 225 ILCS 415/4(5) (West 2008).

Bozek v. Bank of America, N.A.

455 Ill. Dec. 402 · Appellate Court of Illinois · Sep 22, 2021

Ill. 1995). ¶ 44 And that was quite clearly the impression of Judge Blakey in summarily disposing of the removal petition. … Ray, 386 U.S. 547, 553-54 (1967) (“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction

Schultz v. St. Clair County

2020 IL App (5th) 190256 · Appellate Court of Illinois · Dec 9, 2020

.” ¶ 11 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide … Section 10 provides for the establishment of “uniform technical and operational standards for all 9-1-1 systems in Illinois.”

Dempsey v. Johnson

2016 IL App (1st) 153377 · Appellate Court of Illinois · Feb 22, 2017

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … limit an immunity to cover only negligence.”

People v. JACOBAZZI

398 Ill. App. 3d 890 · Appellate Court of Illinois · Feb 17, 2010

We are not convinced that the qualifier stated in Wilson is a definitive part of the law-of-the-case doctrine. … The qualifier is not enforced to the letter even among the courts that subscribe to it.

People v. Finkelstein

299 Ill. App. 363 · Appellate Court of Illinois · Mar 28, 1939

he, ... on January 24,1938, ... as the duly qualified and acting Vice President and agent of said State Auto Finance Corporation, a corporation, one of the defendants herein, then and there had in his custody and possession … In that state of the record the broad language of section 9 clearly grants him immunity.

People v. Haleas

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

Dockery v. Village of Steeleville

200 Ill. App. 3d 926 · Appellate Court of Illinois · Jun 28, 1990

Section 4 — 102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection … Plaintiff argues that the Village’s voluntary assumption of crowd control and traffic management at an event held by a private entity (the American Legion Post) clearly falls outside the municipality’s duty to protect the