Case law

People v. Parker

113 Ill. App. 3d 321 · Appellate Court of Illinois · Mar 16, 1983

The vouchers were an exercise of control which established venue beyond a reasonable doubt. … under grants of immunity.

Fulwider v. Fulwider

8 Ill. App. 3d 581 · Appellate Court of Illinois · Nov 29, 1972

On April 22, the plaintiff filed a motion for rehearing and to vacate the final judgment order dismissing the petition to establish alimony and maintenance. … At the time our suit was filed in Illinois, the Nevada divorce decree was not immune to modification or change in that state nor was that court exercising in personam jurisdiction over Mrs. Fulwider.

Weipert v. Illinois Department of Professional Regulation

337 Ill. App. 3d 282 · Appellate Court of Illinois · Feb 20, 2003

A party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. Toney, 318 Ill. App. 3d at 1198 , 744 N.E.2d at 356-57 . … Weipert has failed to carry his burden of clearly establishing section 75(a)(6) is not calculated to enhance the expertise of prospective licensees. E.

Lutheran Church of Good Shepherd of Bourbonnais v. Department of Revenue

316 Ill. App. 3d 828 · Appellate Court of Illinois · Oct 13, 2000

“We have often held that property must be in actual use for the exempting purpose, to qualify for exemption. … The Department’s decision denying the Church’s application was clearly erroneous.

Wilkins v. Williams

360 Ill. Dec. 321 · Appellate Court of Illinois · Apr 24, 2012

City of Bloomington, 204 Ill.2d 392, 398 , 273 Ill.Dec. 779 , 789 N.E.2d 1211 (2003)) and well-established rules of statutory construction ( People v. … support for this interpretation is found in the fact that when the legislature wanted to immunize the negligent operation of a motor vehicle, it clearly expressed its intent in the statute.

Nickels v. Burnett

343 Ill. App. 3d 654 · Appellate Court of Illinois · Oct 20, 2003

Defendants properly note that the Act was clearly within the purview of the legislature to enact. … The plaintiff argued in favor of a public-policy-based interpretation of the Tort Immunity Act that would not immunize the defendant doctors.

AR Ex Rel. MR v. Chicago Bd. of Educ.

311 Ill. App. 3d 29 · Appellate Court of Illinois · Dec 27, 1999

Section 4-102 provides, in pertinent part: "Neither a local public entity nor a local employee is liable for failure to establish *11 a police department or otherwise provide police protection service or, if police protection … The conduct complained of in the present action clearly falls within the ambit of disciplinary conduct contemplated under section 34-84(a).

Willis v. Khatkhate

Appellate Court of Illinois · Apr 27, 2007

Tort Immunity Act. … Plaintiff contends that this establishes a negligent treatment scenario, which is not immunized as stated under subsections 6-106(b), (c), and (d) of the Tort Immunity Act. 745 ILCS 10/6-106(b), (c), (d) (West 1998).

Peters v. Riggs

2015 IL App (4th) 140043 · Appellate Court of Illinois · Jun 18, 2015

establish that [the City] intended pedestrians to utilize Chestnut Street.” … Further, it has expressly stated that section 3-102(a) does not grant defenses and immunities and that “[i]mmunities and defenses are provided in other sections” of the Tort Immunity Act.

Mueller v. Community Consolidated School District 54

Appellate Court of Illinois · Mar 24, 1997

Employees Tort Immunity Act (Tort Immunity Act). 745 ILCS 10/2-103, 2-104, 2-109, 2-201 (West 1994). … to dismiss established that the asserted defense is unfounded.

A.R. v. Chicago Bd. of Ed.

Appellate Court of Illinois · Dec 27, 1999

Section 4-102 provides, in pertinent part: "Neither a local public entity nor a local employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection … The conduct complained of in the present action clearly falls within the ambit of disciplinary conduct contemplated under section 34-84(a).

Eubanks v. Northwest Herald Newspapers

Appellate Court of Illinois · Jan 22, 2010

Once a qualified privilege is established, a communication is actionable only if the plaintiff can show that the defendant abused the privilege. Vickers, 308 Ill. App. 3d at 404. … Generally, a plaintiff can establish abuse of a qualified privilege by showing actual malice. Gist, 284 Ill. App. 3d at 374.

People v. Williamson

241 N.E.3d 1061 · Appellate Court of Illinois · May 9, 2024

To establish that the programs qualified as full time, defendant was required to show that he enrolled in the number of hours that was determined by an assessment and identified in his program contract for … to the IDOC may be awarded credit for qualifying county programming.

People v. Burnett

13 Ill. App. 3d 931 · Appellate Court of Illinois · Oct 2, 1973

Gloria and Henry were granted immunity from prosecution and all three were witnesses for the People in the case. … They there held that supportive testimony uncontradicted was clearly sufficient to justify the jury’s verdict, and so it is here.

Ward v. Community Unit School District No. 220

213 Ill. App. 3d 1008 · Appellate Court of Illinois · Apr 23, 1991

” are immune. … It is well-established that a landowner is not liable to uninvited visitors for injuries resulting from open and obvious dangers on the premises.

Doe v. Illinois Masonic Medical Center

Appellate Court of Illinois · Jun 1, 1998

Furthermore, that federal law mandates the establishment of an IRB in this experimental type of medical study does not negate the IRB's status as a hospital committee. … The IRB here qualifies as the type of committee covered by the Act.

Sank v. Poole

231 Ill. App. 3d 780 · Appellate Court of Illinois · Jun 29, 1992

Thus, Poole was entitled to such immunity as is given to a public employee. … Remington Arms Co. (1990), 138 Ill. 2d 404 , 563 N.E.2d 397 , which placed strict requirements upon the proof necessary to establish wilful and wanton misconduct.

People v. Acosta

2026 IL App (2d) 240364 · Appellate Court of Illinois · Mar 30, 2026

“As a rule, qualified physicians must verify whether explanations given for physical injuries are plausible.” Id. § 300.50(f)(3)(B). Defendant was also clearly required to obtain a second medical opinion because Dr. … - 38 - ¶ 109 The difficulty of child protective work is also tacitly acknowledged by the applicability of qualified statutory immunity from both civil liability and criminal

O'BRIEN v. City of Chicago

285 Ill. App. 3d 864 · Appellate Court of Illinois · Dec 20, 1996

Counts VI and VII alleged the City owed plaintiffs a duty to install median barriers under sections 3 — 102(a) and 3 — 103(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act). 745 … The construction qualifies as an improvement and, under section 13 — 214(b), any suits regarding that construction must be initiated within 10 years.

Krueger v. Lewis

Appellate Court of Illinois · Aug 4, 2005

Defendant charged that plaintiff, “in her capacity as a Village Trustee, * * * had accepted a bribe to establish a [tax increment financing] district in the Village of Lyons, and that [p]laintiff was pocketing money from … Accordingly, we reject plaintiff’s argument that a witness must be under oath to qualify for this privilege.