Case law

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.

Lombard Public Facilities Corporation v. Department of Revenue

Appellate Court of Illinois · Jan 9, 2008

Act (Tort Immunity Act) (745 ILCS 10/1--101.1 (West 2000)). … The burden to prove entitlement to the governmental body exemption was on LPFC, and -19- No. 2--06--0520 it did not clearly establish that section 2--5(11) of the Retailers

Alvernest Mills v. County of Winnebago

104 Ill. App. 2d 366 · Appellate Court of Illinois · Jan 13, 1969

, clearly evidences, not only their knowledge of the existing statute, but their intent with relation to acts of sheriffs and their deputies in the performance of their duties. … O’Connor, 19 Ill2d 337, 340, 167 NE2d 188 (1960), still the General Assembly has the right to enact legislation establishing total immunity or partial immunity if it does so within the framework of our Constitution.

Prough v. Madison County

984 N.E.2d 1177 · Appellate Court of Illinois · Feb 25, 2013

The Tort Immunity Act does not establish any new duties for governmental entities but “merely codifies those duties existing at common law, to which the subsequently delineated immunities apply.” … The plain language of sections 4-102 and 4-107 of the Tort Immunity Act (745 ILCS 10/4-102, 4-107 (West 2010)) clearly apply here to immunize the defendants for these alleged failures.

Sellers v. Rudert

395 Ill. App. 3d 1041 · Appellate Court of Illinois · Nov 20, 2009

Clearly, no state employee possesses the authority to commit a tort. Jackson, 358 Ill. App. 3d at 561, 831 N.E.2d at 1164. … In section 1 of the act, the legislature declares (1) athletic training "affects the public health, welfare, and safety and its regulation and control [are] in the public interest" and (2) "only qualified persons [are]

Mulvey v. Carl Sandburg High School

2016 IL App (1st) 151615 · Appellate Court of Illinois · Jan 13, 2017

Id. ¶ 45 Our supreme court has established a two-part test to determine which employees may be granted immunity under section 2-201 of the Tort Immunity Act. … First, an employee may qualify for immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.” (Emphases in original.)

Westshire Retirement & Healthcare Center v. Department of Public Aid

213 Ill. Dec. 265 · Appellate Court of Illinois · Dec 4, 1995

These three components are calculated separately and then combined into an overall per diem rate paid by IDPA for each day of nursing-home care provided to each qualified resident. … These actions, taken together, clearly indicate the identities of the nominal defendant and the actual defendant.

Piper v. Epstein

326 Ill. App. 400 · Appellate Court of Illinois · Jun 25, 1945

Under the circumstances, and in harmony with our previous pronouncements, it would be just and reasonable to hold that defendant herein is subject to this qualified liability. … Illinois has not adopted the rule of qualified liability of a charitable institution, which prevails in Colorado and Tennessee. The holding in Parks v.

Estate of Herington v. County of Woodford

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

Tort Immunity Act) (Ill. … 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. Zimmer, 242 Ill.

Ryan v. Fox Television Stations, Inc.

979 N.E.2d 954 · Appellate Court of Illinois · Oct 23, 2012

a standard for invoking immunity under the Act. … See id. ¶ 45; see also id. ¶ 50 (“We believe that, had the legislature intended to radically alter the common law by imposing a qualified privilege on defamation within the process of petitioning the government

Niehaus v. Rural Peoria County Council on Aging, Inc.

314 Ill. App. 3d 665 · Appellate Court of Illinois · Jun 23, 2000

Act (Tort Immunity Act or Act) (745 ILCS 10/8 — 101 (West 1996)). … The court stated: “The amendment to section 1 — 206 of the Tort Immunity Act (Ill. Rev.

Starnes v. International Harvester Co.

141 Ill. App. 3d 652 · Appellate Court of Illinois · Mar 17, 1986

When only qualified privilege is granted, the person making the statement is immune from liability unless some element such as malice is present. … The court recognized that not all complaints to administrative agencies had that immunity but if the agency had judicial powers, the same consideration requiring immunity for complaints to courts were operative.

Greeson v. MacKinaw Township

207 Ill. App. 3d 193 · Appellate Court of Illinois · Dec 13, 1990

Clearly this function is discretionary. … It is a well established principle of the common law that an immunity exists in favor of public officials when they are exercising their official discretion on matters which are discretionary in nature and not ministerial

Johannesen v. Eddins

2011 IL App (2d) 110108 · Appellate Court of Illinois · Dec 28, 2011

Eventually, the board granted variations establishing an eastern sideyard setback of 32 feet and a front setback of 126 feet. … . ¶ 31 Here, the trial court clearly ruled only on the motion to dismiss brought under the Act.

Mauvis-Jarvis v. Wong

987 N.E.2d 864 · Appellate Court of Illinois · Mar 28, 2013

There is no allegation they deviated from established protocol in reporting their allegations. … the defendant’s motives.”). ¶ 72 On the other hand, where only qualified privilege is granted the person making the statement is immune from liability unless some element such as malice is present.

Cipolla v. Bloom Township High School District No. 206

69 Ill. App. 3d 434 · Appellate Court of Illinois · Feb 22, 1979

The public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply with as much force to the latter.” … These decisions establish that the rule announced by the supreme court in Kobylanski is viable and applies to actions arising out of the teacher-student relationship in matters relating to the teacher’s personal supervision

Abo-Saif v. Board of Trustees of the University of Illinois

2022 IL App (1st) 211091 · Appellate Court of Illinois · Jun 30, 2022

In 2020, plaintiff filed this action against defendant for money damages for breach of the settlement agreement and a declaratory judgment that he should be given another opportunity to qualify for readmission to the juris … As in Ellis, “the plaintiff’s suit in the instant case is clearly based upon a present claim which has the potential to subject the State to liability and thus must be brought in the Court of Claims.” Id. at 395.

August v. Hanlon

975 N.E.2d 1234 · Appellate Court of Illinois · Sep 6, 2012

The court further found that “there was nothing else to really look at or present to me on behalf of the Plaintiff that clearly establishes that the Defendant’s comments were not covered by the [Act].” … a new absolute or qualified privilege for defamation.”

Cleaver v. Marrese

253 Ill. App. 3d 778 · Appellate Court of Illinois · Dec 27, 1993

Immunity Act) (745 ILCS 10/1— 101 et seq. … It is well established in Illinois that where there are two statutory provisions, one of which is general and designed to apply to cases generally, and the other is particular and relates to only one subject, the particular

Berz v. City of Evanston

2013 IL App (1st) 123763 · Appellate Court of Illinois · Nov 19, 2013

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … from liability pursuant to section 3-102(a) of the Tort Immunity Act