Case law

Choice v. YMCA of McHenry County

976 N.E.2d 584 · Appellate Court of Illinois · Aug 17, 2012

Plaintiffs, on the other hand, contended that the applicable immunity provision was section 3-109 of the Tort Immunity Act, which provides qualified immunity for local public entities against participants in … Moreover, the party raising a constitutional challenge bears the burden of clearly establishing a constitutional violation. Boeckmann, 238 Ill. 2d at 6-7; Barnes v. Chicago Housing Authority, 326 Ill.

Rozsavolgyi v. City of Aurora

2016 IL App (2d) 150493 · Appellate Court of Illinois · Sep 14, 2016

Therefore, the City clearly cannot assert immunity with respect to plaintiff’s request for back pay, front pay, lost benefits, or reinstatement. See, e.g., Hertzberg v. … We agree with the City that the Tort Immunity Act clearly encompasses constitutional claims, including those brought under the Human Rights Act.15 ¶ 114 In Birkett, we quoted this passage from section 1-204,

White v. The City of Chicago

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. -19- 1-06-1537 Furthermore, in Forsyth v.

Dopkeen v. Whitaker

399 Ill. App. 3d 682 · Appellate Court of Illinois · Mar 10, 2010

The court concluded, “Defendant was acting within the scope of his authority to terminate the plaintiff and such actions are protected by absolute immunity, and public official immunity.” … We note that this case also raises the issue whether the doctrine of sovereign immunity precluded jurisdiction in this case.

Lombard Public Facilities Corp. v. Department of Revenue

378 Ill. App. 3d 921 · 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 it did not clearly establish that section 2 — 5(11) of the Retailers’ Tax Act applies to a corporate entity created by a governmental body

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

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 an … Springfield argued that the school was immune from the suit based on section 3-106.

Mockbee v. Humphrey Manlift Company

2012 IL App (1st) 93189 · Appellate Court of Illinois · May 18, 2012

While the plaintiffs challenge that each defendant qualifies for immunity under section 5(a), the plaintiffs do not assert that the statutory immunity claim is not properly before this court. See Murphy v. … The plaintiffs contend, “Section 5(a)’s construction requires particular showings in order to gain immunity, and Harris clearly has not met this burden.”

ESM Development Corp. v. Dawson

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.

Defend v. Lascelles

149 Ill. App. 3d 630 · Appellate Court of Illinois · Nov 7, 1986

On the other hand, where only a qualified privilege is granted based upon a lesser concern for the freedom of the speaker, the person making the statement is immune from liability unless the privilege is abused or some element … The law thus clearly allows for an absolute privilege where there exists a significant interest in protecting the type of speech involved.

Bianchi v. McQueen

2016 IL App (2d) 150646 · Appellate Court of Illinois · Sep 14, 2016

The term includes the estate or personal representative of an employee.” 5 ILCS 350/1(b) (West 2014). ¶ 35 The record clearly establishes that on September 18, 2009, Judge Graham appointed McQueen … Plaintiffs respond that their complaint alleges sufficient facts to establish malice because the facts clearly establish that defendants’ intent was not to seek justice.

Johnson v. Decatur Park District

301 Ill. App. 3d 798 · Appellate Court of Illinois · Nov 25, 1998

Matt had an intermediate skill level; he was qualified to do a front flip off the mini trampoline. However, he was not qualified to become a Power Tumbler. … Such decisions were clearly discretionary and were thus immunized under section 2 — 201 of the Act.

Miller v. Hill

337 Ill. App. 3d 210 · Appellate Court of Illinois · Feb 6, 2003

Under section 5(c)(3) (740 ILCS 130/5(c)(3) (West 2000)), a person qualifies for immunity if his firearm range is in compliance with the requirements of the local zoning authority. … In sum, our review of plaintiffs’ chancery action, made in fight of the plain language of section 5(c), establishes that Hill is immune from a nuisance action based on noise.

GUTSTEIN v. City of Evanston

402 Ill. App. 3d 610 · Appellate Court of Illinois · Jun 4, 2010

The trial court determined, after hearing all of the evidence presented to the jury, that the City had failed to establish that it qualified for discretionary immunity under the Act. 745 ILCS 10/2 — 201 ( West 2008 ). … The City has the burden of proving that it qualifies for discretionary immunity and the City failed to meet that burden. Van Meter, 207 Ill. 2d at 370 .

Johnson v. Halloran

312 Ill. App. 3d 695 · Appellate Court of Illinois · Jan 13, 2000

These results established that Johnson could not have been the sole donor of the foreign body fluids found on the person or clothing of the victim. … Plaintiff has alleged that defendants breached their duty to use the skill and care ordinarily used by a reasonably well-qualified attorney under similar circumstances.

Russell v. Hertz Corp.

139 Ill. App. 3d 11 · Appellate Court of Illinois · Dec 10, 1985

In the present case, plaintiffs failed to establish a sufficient factual basis to support their claim. … The Avis agreement clearly includes a tax on the cost of collision damage waiver.

Jinkins v. Lee

337 Ill. App. 3d 403 · Appellate Court of Illinois · Feb 5, 2003

common law doctrine of public officials’ immunity. … Further, it is well established that public officials’ immunity does not apply to every discretionary act by an official but rather only to those acts which are unique to the particular public office. [Citation.]”

Barnes v. Chicago Housing Authority

326 Ill. App. 3d 710 · Appellate Court of Illinois · Dec 3, 2001

Specifically, section 1437r of the Housing Act provides: “A resident management corporation that qualifies under this section *** shall enter into a contract with the public housing agency establishing the respective management … “The party who challenges a statute’s constitutionality bears the heavy burden of clearly establishing the violation alleged.” Rose v. Pucinski, 321 Ill. App. 3d 92, 96 (2001).

Roddy v. Catto

143 Ill. App. 3d 176 · Appellate Court of Illinois · Apr 15, 1986

Ct. 1213 (qualified immunity established for police officers sued under section 1983 for false arrest).) … liability under the rule of qualified immunity in Briggs.

Hess v. Flores

408 Ill. App. 3d 631 · Appellate Court of Illinois · Mar 31, 2011

Furthermore, plaintiffs argument that section 2—202 of the Tort Immunity Act limits this immunity is clearly no longer tenable. … The court held that this argument was “mere semantics designed to avoid a clearly applicable immunity” and accepting such a position could render section 4—106(b) a nullity. Id. at 11.

West Bend Mutual Insurance Co. v. Community Unit School District 300

456 Ill. Dec. 298 · Appellate Court of Illinois · Nov 12, 2021

Thus, they clearly intended to treat these types of insureds differently. … Nonetheless, the district would be immune from a negligence suit pursuant to the Tort Immunity Act.