Case law

Lansing v. Southwest Airlines Co.

980 N.E.2d 630 · Appellate Court of Illinois · Jun 8, 2012

Plaintiff argues that any immunity under subsection 230(c)(1) of the CDA does not apply to his negligent supervision cause of action and that, even if it did, defendant does not meet the terms to qualify for … App. 2001) (library providing Internet access to the public by use of computers qualified as an ICS provider or user). ¶ 37 B.

Kay v. Frerichs

2021 IL App (1st) 192271 · Appellate Court of Illinois · May 28, 2021

In 1996, 1-19-2271 Congress authorized the states to establish “qualified tuition plans,” commonly known as 529 plans, that allow individuals to make contributions to tax-free investment accounts in order to pay for higher … These are the precise circumstances for which the sovereign immunity doctrine is designed. ¶ 22 Moreover, the monetary relief sought by Ms. Kay further establishes that sovereign immunity applies to this case.

Moshe v. Anchor Organization for Health Maintenance

199 Ill. App. 3d 585 · Appellate Court of Illinois · May 25, 1990

Clearly, Anchor’s status as a Health Plans Act corporation is conclusively established by the record and is not at issue here. … Voluntary Health Services Plans Act, we believe the legislature has clearly carved out a separate and distinct classification of health care providers.

White v. City of Chicago

308 Ill. Dec. 518 · Appellate Court of Illinois · Dec 29, 2006

Hawes, whom the police first interviewed in October 1997, was clearly a known witness. … Litscher, 267 F.3d 648 (7th Cir. 2001), the court addressed qualified, not absolute, immunity. Furthermore, in Forsyth v.

Kay v. Frerichs

2021 IL App (1st) 192271 · Appellate Court of Illinois · May 28, 2021

In 1996, Congress authorized the states to establish “qualified tuition plans,” commonly known as 529 plans, that allow individuals to make contributions to tax-free investment accounts in order to pay for … Kay further establishes that sovereign immunity applies to this case.

Lyons Township ex rel Kielczynski v. Village of Indian Head Park

2017 IL App (1st) 161574 · Appellate Court of Illinois · Nov 9, 2017

Clearly, a qui tam action would not be brought on behalf of a government entity engaging in fraud, or any other random government unit with no ties to the claim. … actions were not immunized pursuant to the Tort Immunity Act

Bass v. Cook County Hospital

2015 IL App (1st) 142665 · Appellate Court of Illinois · May 7, 2015

However, we disagree with Bass’s position that this fact establishes that the Act did not intend to provide civil immunity for Dr. … ILCS 50/3.150(c) (West 2012)) and 3.150(g) (210 ILCS 50/3.150(g) (West 2012)) establish the Act’s intention to limit immunity.

American National Bank & Trust Co. v. Anchor Organization for Health Maintenance

210 Ill. App. 3d 418 · Appellate Court of Illinois · Mar 1, 1991

Clearly, these cases are distinguishable from the present case, where plaintiffs filed their initial complaint against Anchor on June 28, 1987, at a time when Anchor was entitled to the immunity granted to it under section … under a dual capacity as a State-certified and federally qualified HMO as well as a voluntary health service plan.

Lake Point Tower Garage Ass'n v. Property Tax Appeal Board

346 Ill. App. 3d 389 · Appellate Court of Illinois · Feb 11, 2004

The defendant municipality argued that section 3 — 106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) applied: “Neither a local public entity nor a public employee is liable for … Springfield argued that the school was immune from the suit based on section 3 — 106.

Lynch v. Devine

45 Ill. App. 3d 743 · Appellate Court of Illinois · Jan 31, 1977

The plaintiff, as a contractor, is thus clearly not one for whose benefit the statute was enacted. … Defendant Bond, also, is not immune from suit by reason of sovereign immunity under “An Act in relation to immunity for the State of Illinois” (Ill. Rev.

ESM Development Corp. v. Dawson

342 Ill. App. 3d 688 · Appellate Court of Illinois · Aug 6, 2003

If not, and if the claims are therefore actually legal in nature, then the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1 — 101 et seq. … This hotel was developed under the understanding that it, and thus the plaintiffs, qualified for enterprise zone benefits.

Gleason v. Village of Peoria Heights

207 Ill. App. 3d 185 · Appellate Court of Illinois · Nov 13, 1990

They were qualified to provide cardiopulmonary resuscitation, which they did both at the beach and on the way to the hospital. … They were qualified to splint a fracture, which they did by placing plaintiff on a spine board and strapping him onto the board. They were qualified to transport a patient in an ambulance, which they did.

Wallace v. Smyth

327 Ill. App. 3d 411 · Appellate Court of Illinois · Dec 18, 2001

The court also relied on the legislature’s grant of a limited form of parental immunity to teachers as support for the extension of a qualified form of parental immunity to foster parents. … It would be anomalous to grant a qualified immunity to educators and biological parents but to deny immunity entirely to foster parents, who, in their relationships with their foster children, share many important similarities

Houseknecht v. Zagel

112 Ill. App. 3d 284 · Appellate Court of Illinois · Jan 20, 1983

Clearly appellant had the statutory authority to conduct this investigation, and defendant Zagel’s affidavit establishes that appellant’s proposed testing is an attempt to act in furtherance of that investigation. … In affirming the Illinois Supreme Court did not find sovereign immunity to be a bar to the action despite a finding that the establishment of a rifle range and target shooting on that range were lawful exercises of the Guard

Layne v. Builders Plumbing Supply Co.

210 Ill. App. 3d 966 · Appellate Court of Illinois · Mar 27, 1991

The fact that the parties failed to assert the privilege and the court did not apply it instead of applying a qualified privilege does not establish that the defense cannot be used by one making statements to police regarding … immunity.”

Masters v. Murphy

2020 IL App (1st) 190908 · Appellate Court of Illinois · Nov 17, 2020

Therein, Murphy argued that the complaint should be dismissed pursuant to section 2-619 (735 ILCS 5/2-619 (West 2016)) because she had either absolute or qualified immunity under sections 2-204 and 2-210 of the … Murphy was clearly within the time and space confines of her position as a correctional officer.

Savarirayan v. English

45 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 20, 1977

The doctrine of absolute immunity surrounding Federal officials was reconfirmed and clearly delineated in Barr v. Matteo (1959), 360 U.S. 564 , 3 L. Ed. 2d 1434 , 79 S. Ct. 1335 . … English and Taylor were consulting urologists of many years experience and service to the hospital; they were recognized specialists in their field, and uniquely qualified to observe and evaluate the quality of Dr.

Catberro v. Naperville School District No. 203

250 Ill. Dec. 654 · Appellate Court of Illinois · Nov 2, 2000

To qualify for the immunity provided by this section, an employee must hold a position involving either the determination of policy or the exercise of discretion. … The district responds that the teacher’s acts of choosing the rope and poles and having the students jump over the rope were clearly discretionary.

Lavery v. Department of Financial & Professional Regulation

2023 IL App (1st) 220900 · Appellate Court of Illinois · Aug 25, 2023

Lavery qualified as a therapist under the Act. He concluded, however, that Mr. Lavery had failed to meet his burden of establishing that the withheld documents fell within the statutory privilege. … Unlike in Taylor, a recognized exception to sovereign immunity—the prospective injunctive relief exception—clearly applies here.

Berry v. Oak Park Hospital

256 Ill. App. 3d 11 · Appellate Court of Illinois · Dec 30, 1993

Thus, whereas section 10.2 of the Hospital Licensing Act provides absolute immunity for committee actions, section 2b of the Medical Practice Act provides qualified immunity for individual actions. … Consequently, since section 10.2 of the Hospital Licensing Act clearly contemplates committee actions, its absolute immunities do not apply to protect defendants.