Case law

Galligan v. HONORABLE HAROLD WASHINGTON

163 Ill. App. 3d 701 · Appellate Court of Illinois · Nov 25, 1987

The memorandum later argued that “defendants here are immune from liability in damages.” … Moreover, any immunity which might be relied upon is qualified and may be destroyed by a showing of malice or a lack of reasonable belief on the part of defendants. (See Ill. Rev. Stat. 1985, ch. 85, par. 2—208.)

Yonikus v. Industrial Commission

228 Ill. App. 3d 333 · Appellate Court of Illinois · Mar 12, 1992

Irrespective of the wisdom of the State’s decision to assert the doctrine of sovereign immunity, it is a common law principle of unquestioned validity and an “established principle of jurisprudence” that the sovereign cannot … Moreover, the United States Supreme Court has clearly indicated that a distinction in liability may rationally be drawn between those public entities which enjoy sovereign immunity and those which do not.

People v. Strawn

210 Ill. App. 3d 783 · Appellate Court of Illinois · Mar 21, 1991

The party challenging a statute has the burden of clearly establishing a constitutional violation. (People v. O’Donnell (1987), 116 Ill. 2d 517, 521 , 508 N.E.2d 1066, 1068 .) … Since the record establishes that defendant, while she has ties to Texas, is a resident of Illinois, the privileges and immunities clause is inapplicable to the present case.

Local 3236 of the Illinois Federation of State Office Educators v. Illinois State Board of Education

121 Ill. App. 3d 160 · Appellate Court of Illinois · Jan 13, 1984

Thus, plaintiffs seek to bring this action within the above-noted exceptions by placing the label “legal duty” on what is clearly a contractual obligation arising from the agreement, asserting that there is no difference … However, we need not decide here what precise powers are vested in the Illinois Court of Claims regarding contracts, for underlying plaintiffs’ arguments is the erroneous assumption that jurisdiction in this case may be established

People v. Carreon

162 Ill. App. 3d 990 · Appellate Court of Illinois · Oct 13, 1987

Shortly thereafter, Carreon also exited the establishment and went over to the blue car, asked the victims for a ride, and yelled to Amaya to join him. … Thus a witness, knowing that his own guilt is detected, may seek to shield himself from punishment by purchasing immunity or leniency by falsely accusing others and procuring their conviction.

Lehman v. Stephens

148 Ill. App. 3d 538 · Appellate Court of Illinois · Oct 9, 1986

The United States Supreme Court has established the framework for analyzing any claim of a due process violation. … Act is clearly justified and is in no way inconsistent with the Illinois Constitution.

Platinum Partners Value Arbitrage Fund v. Chicago Board Options Exchange

976 N.E.2d 415 · Appellate Court of Illinois · Aug 10, 2012

Id. ¶ 38 The federal scheme of self-regulation grants SROs immunity in order to avoid the disruptive and unworkable situation of having 50 different states establish 50 different standards for SROs to … and distinguish this case from the well- established precedent that has found absolute immunity for an SRO’s announcement of its regulatory decisions and acts.

Copes v. Northeast Illinois Regional Commuter Railroad Corporation

2015 IL App (1st) 150432 · Appellate Court of Illinois · Feb 23, 2016

The rules applicable to this task are well-established, and were recently outlined in Hendricks v. … The plain language of section 5.03 clearly differentiates between the Authority and transportation agencies such as NIRCRC, both in the initial immunity provision and in the second paragraph containing the statute

Stehlik v. Village of Orland Park

359 Ill. Dec. 107 · Appellate Court of Illinois · Feb 17, 2012

. ¶ 23 However, several cases have recognized ordinary or routine police activities do not qualify as enforcement or execution of the law under section 2-202 of the Act. … merely cruising around in his car"—an activity not subjected to immunity.

Barry v. Retirement Board of the Firemen's Annuity & Benefit Fund

357 Ill. App. 3d 749 · Appellate Court of Illinois · Apr 29, 2005

We conclude that Bertucci establishes that a fireman’s widow may qualify for duty death benefits under section 6 — 140 of the Code if she demonstrates that her husband suffered a duty-related injury which either (1) caused … and that’s the purpose of the Tort Immunity Act and it seems to me that since the appellate court has taken that position, in these cases I am duty bound to follow that.

Salte v. YMCA of Metropolitan Chicago Foundation

Appellate Court of Illinois · Aug 2, 2004

Although some of the equipment normally found in an intubation kit was on the premises, the nurse did not bring it because she was not qualified to use it. … Additionally, although the complaint alleges that the paramedic was "duly qualified," the complaint fails to indicate whether the paramedic was certified and licensed and whether the paramedic was trained or qualified to

Prostran v. City of Chicago

285 Ill. Dec. 123 · Appellate Court of Illinois · Jun 11, 2004

We disagree that this circumstance qualifies under the “distraction” exception to the open and obvious rule. … Ide did not consider immunity under section 3 — 104 of the Tort Immunity Act.

Akemann v. Quinn

2014 IL App (4th) 130867 · Appellate Court of Illinois · Oct 2, 2014

After July 1, plaintiff continued to serve during the 60-day holdover period established by Public Act 97-719, as the Governor had not appointed a replacement. … Public Act 97-719 clearly intended to give the Governor exclusive authority to make all renewal appointments starting after it went into effect.

Fatigato v. Village of Olympia Fields

281 Ill. App. 3d 347 · Appellate Court of Illinois · May 17, 1996

The trial court’s order stated: "These facts do not fall within the 'special duty exception’ of the Tort Immunity Act as set forth in the established case law. [Citations.] … From the time plaintiffs filed their complaint, their position has clearly been that defendants acted in a willful and wanton manner as set forth in section 2 — 202 of the Tort Immunity Act. Ill. Rev.

Doe v. Burgos

265 Ill. App. 3d 789 · Appellate Court of Illinois · Aug 5, 1994

Although a positive test for Burgos will not conclusively establish that Doe is at risk, a negative test for Burgos will provide substantial reassurance for Doe. … Even where the donor is clearly identified, there is concern that blood samples may be switched, especially in labs dealing with many such samples.

Kucinsky v. Pfister

443 Ill. Dec. 792 · Appellate Court of Illinois · Jul 29, 2020

Mackoff, which had been clearly marked as legal mail. … ¶ 24 Kucinsky additionally alleged that on January 13, 2015, he received open legal letters from “an attorney” clearly marked as “legal.”

Moon v. Smith

213 Ill. Dec. 107 · Appellate Court of Illinois · Dec 8, 1995

Clearly, our legislature intended to immunize some conduct by passing this legislation. At common law, landowners owe no duty to remove conditions created naturally. (See Graf v. St. … However, as discussed above, the language of subsection (I) indicates that the legislature also clearly intended to provide landowners and occupiers with immunity for counts or actions sounding in negligence, such as the

People v. Quezada

467 Ill. Dec. 489 · Appellate Court of Illinois · Jun 30, 2022

¶ 30 In closing arguments, the State noted, in part, that “Maschek clearly says he heard ‘F*** the police’ ” before the shots were fired. … Salas clearly did not qualify as an accomplice. Even if she held the gun when it was being passed around, without possessing a FOID card, those actions had nothing to do with the second shooting.

In re Marriage of Gambla

Appellate Court of Illinois · Jul 31, 2006

Additionally, Kira was not given her immunizations on schedule, because Kimberly did not want her to receive all the immunizations at once. … Kimberly also explained her position as to Kira's immunizations.

First National Bank & Trust Co. v. City of Rockford

47 Ill. App. 3d 131 · Appellate Court of Illinois · Mar 29, 1977

A permittee who delayed construction in the face of an impending amendment to the zoning laws might find that he had not progressed far enough in time to qualify for immunity; one who proceeded with unseemly haste ran the … “To eliminate the uncertainty and waste inherent in these rules, a number of municipalities enacted ordinances which predicated immunity from permit revocation upon some clearly defined action of a municipal agency.”