Case law

Washington v. City of Evanston

Appellate Court of Illinois · Dec 19, 2002

Kloempken's immunity from civil liability pursuant to the EMS Act and then consider St. Francis Hospital's immunity. In 1996, St. … Francis Hospital's SOPs or the established guidelines for breech delivery. The record shows that Dr.

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.

Belluomini v. Zaryczny

2014 IL App (1st) 122664 · Appellate Court of Illinois · May 1, 2014

ASA McCarthy does not qualify her allegations to IAD as absolutely privileged. … Her statements to IAD were clearly a part of the investigation.

White v. Village of Homewood

285 Ill. App. 3d 496 · Appellate Court of Illinois · Nov 26, 1996

White insists that the record "clearly reveals” the existence of issues of material fact. … This exercise of independent judgment qualifies as discretionary, and section 2 — 201 provides immunity for these discretionary actions.

Hanzel Construction, Inc. v. Wehde & Southwick, Inc.

130 Ill. App. 3d 196 · Appellate Court of Illinois · Jan 25, 1985

Fitzgerald the court held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … by reference to clearly established law. 457 U.S. 800, 815, 817-18 , 73 L.

Trotter v. School District 218

315 Ill. App. 3d 1 · Appellate Court of Illinois · Jun 30, 2000

Janssen then found Nathaniel qualified to swim in the deep end of the pool and use the diving board during free swim. … Therefore, because of their status as volunteers, both Styx and Krastin qualify as public employees.

Valdez v. City of Ottawa

105 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 22, 1982

As to Kossaris, the court granted his motion for summary judgment, ruling that he was not the chief of police during the periods of time material here and that he was immune from suit under the doctrine of qualified immunity … the doctrine of qualified immunity.

Catberro v. Naperville School District No. 203

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.

Wilkosz v. Wilkosz

124 Ill. App. 3d 904 · Appellate Court of Illinois · Jun 6, 1984

Nonetheless, the court held, she was unemancipated and did qualify as a resident of the parents’ household. … App. 577 , which established the principle that a parent is immune from recovery for injuries sustained in the exercise of family rights.

Cross v. City of Chicago

352 Ill. App. 3d 1 · Appellate Court of Illinois · Aug 30, 2004

Plaintiff argues that the Tort Immunity Act and the Workers’ Compensation Act do not conflict and, when read together, clearly subject governmental bodies to liability for retaliatory discharge. … it contains a qualifier “[e]xcept as otherwise provided by Statute.”

Quality Granite Construction Co. v. Hurst-Rosche Engineers, Inc.

261 Ill. App. 3d 21 · Appellate Court of Illinois · Apr 27, 1994

App. 3d 1084 , 399 N.E.2d 278 , recognized this blanket immunity from liability. We disagree. Vee See granted no such immunity. … A prerequisite for establishing a qualified privilege is the absence of actual malice. (Rosner v. Field Enterprises, Inc. (1990), 205 Ill.

Wallace v. Smyth

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

Corbett v. County of Lake

2016 IL App (2d) 160035 · Appellate Court of Illinois · Dec 2, 2016

The seventh photograph, a Google aerial view of the general area, identifies numerous business establishments on either side of the path. … We adhere to our statement in McElroy that a “trail” need not be wholly unimproved to qualify under section 3-107(b).

Bertolis v. Community Unit School District No. 7

Appellate Court of Illinois · Oct 3, 1996

On July 20, 1994, defendants filed a motion to dismiss, citing as one ground for dismissal section 8-101 of the Tort Immunity Act, which establishes a one-year limitation period for actions commenced against local public … Although the Tort Immunity Act clearly establishes a one-year limitation period for actions filed against local public entities, in addition to following the statute of limitations ap- plicable to an action, we must also

Allumi v. Oswego Community Unit School District 308

2026 IL App (3d) 250108 · Appellate Court of Illinois · Apr 20, 2026

¶ 18 In resolving this particular issue, we are called upon to interpret various statutory immunity provisions. The principles of statutory construction are well established. … Rather, the Krivitskie decision merely established that such an appeal may be allowed.

Burge v. Exelon Generation Company, LLC

2015 IL App (2d) 141090 · Appellate Court of Illinois · Sep 15, 2015

Plaintiffs assert that Wendt “may be qualified to testify that Defendant actually footed the bill for [Rick’s] benefits, but not that it was required to do so.” … The plaintiffs alleged that the employees who attempted to replace the valve were not qualified to do so.

Ross v. Mauro Chevrolet

308 Ill. Dec. 248 · Appellate Court of Illinois · Dec 28, 2006

and Governmental Employees Tort Immunity Act (Immunity Act) (745 ILCS 10/1 — 101 et seq. … Defendants also contended that the officers’ establishment of probable cause provided them with qualified immunity against the section 1983 claims.

Naleway v. Agnich

386 Ill. App. 3d 635 · Appellate Court of Illinois · Oct 31, 2008

The defendant has a qualified privilege to make the statements regarding the plaintiff [stc] and she did not abuse her privilege; and b. the defendant is immune from liability for making the statements regarding the plaintiff … The plaintiffs] assert[ ] that the defendant abused her qualified privilege and that she is not entitled to immunity under the Abused and Neglected Child Reporting Act.

Hilgendorf v. First Baptist Church of Danville

157 Ill. App. 3d 428 · Appellate Court of Illinois · Jun 29, 1987

Plaintiff does not clearly indicate how we could disregard the precedent of Kobylanski in order to hold that parental immunity was not available to teachers. … In contending that the defendant school’s day-care program does not qualify for the immunity set forth in section 24 — 24, plaintiff relies on Possekel v. O’Donnell (1977), 51 Ill.

Powers v. Doll

460 Ill. Dec. 960 · Appellate Court of Illinois · Mar 17, 2022

have qualified immunity, “except for willful and wanton misconduct.” 745 ILCS 19/5 (West 2020). … The court’s order implies that it found defendants absolutely immune “as state actors[,]” but as the motion to dismiss noted, defendants, as public defenders, have only qualified immunity, “except for willful and wanton