Case law

Hadley v. Department of Corrections

362 Ill. App. 3d 680 · Appellate Court of Illinois · Dec 13, 2005

Thus, sovereign immunity bars lawsuits by a private citizen against the State in state court unless the legislature has waived the immunity. People ex rel. Manning v. … App. 3d 675, 682-83 , 695 N.E.2d 566, 571 (1998)), we ask whether plaintiff has pleaded facts establishing that he has a certain and clearly ascertainable right needing protection (see Local 1894 v. Holsapple, 201 Ill.

Trotter v. School Dist. 218

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.

Zielinski v. Schmalbeck

207 Ill. Dec. 89 · Appellate Court of Illinois · Feb 17, 1995

Even if absolute immunity were not to apply, he would be entitled to qualified immunity as the rights plaintiff claims were violated are not clearly established in the law. … Absolute immunity must exist.

Stein v. Krislov

2013 IL App (1st) 113806 · Appellate Court of Illinois · Jun 28, 2013

The clear language of the Act establishes that it was not intended to protect those who commit tortious acts and then seek refuge in the immunity conferred by the Act. … ‘If it has relatively less weight from a social point of view, the immunity may be qualified, and conditioned on good motives and reasonable behavior.’ [Citation.]” Edelman, Combs & Latturner v.

Davis v. Chicago Housing Authority

176 Ill. App. 3d 976 · Appellate Court of Illinois · Nov 30, 1988

‘Where the spirit and intention of the legislature in adopting the acts are clearly expressed and their objects and purposes are clearly set forth, the courts are not confined to the literal meaning of the words used, when … The legislature clearly expressed its spirit and intention in adopting the Housing Authorities Act and clearly set forth the objects and purposes of the statute.

Morris v. Harvey Cycle and Camper, Inc.

392 Ill. App. 3d 399 · Appellate Court of Illinois · Jun 12, 2009

“It is established law that a correct decision on erroneous grounds is not a basis for reversal, and is harmless error. … The plaintiff appealed, arguing such immunity “condones and even encourages malicious harassment through police investigations.” Starnes, 184 Ill. App. 3d at 203 .

Village of Lake Barrington v. Hogan

208 Ill. Dec. 705 · Appellate Court of Illinois · May 2, 1995

Third-party defendants Bateman and Smith contend that they enjoyed qualified immunity from suit as public officials. … This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in light of preexisting law the unlawfulness must be

White v. Village of Homewood

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.

James v. Geneva Nursing & Rehabilitation Center, LLC

236 N.E.3d 1111 · Appellate Court of Illinois · Aug 17, 2023

Fitzgerald, 457 U.S. 731, 744-45 (1982) (presidential immunity). In -6- 2023 IL App (2d) 220180 contrast, there is also “qualified” or “partial” immunity. … As with more challenging immunity questions, like this one, the trial court will be in the best position to evaluate the quantum of evidence necessary to determine whether a given defendant qualifies for the statutory immunity

Board of Trustees of Community College District No. 502 v. Department of Professional Regulation

363 Ill. App. 3d 190 · Appellate Court of Illinois · Jan 31, 2006

There, the defendant, an employee of a community college, sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (111. Rev. … that might defeat such clearly expressed legislative intent.

Kainrath v. Grider

426 Ill. Dec. 302 · Appellate Court of Illinois · Nov 26, 2018

The defendants argue that both absolute and qualified privileges apply to Mr. … A qualified privilege is destroyed, however, where it has been abused. Id.

Betts v. The City of Chicago

2013 IL App (1st) 123653 · Appellate Court of Illinois · Jan 22, 2014

July 1, 2002). ¶ 16 Plaintiff argues that the record does not support the order dismissing her case because answers to the interrogatories and Smith’s affidavit did not clearly establish that Smith was … We do not reach the ultimate question that surveillance does not qualify as executing or enforcing the law.

Ween v. Village of New Lenox

2026 IL App (3d) 250449 · Appellate Court of Illinois · Jun 15, 2026

In addition, and again unlike section 4-102, section 2-202 contains a willful and wanton conduct exception and thus provides only limited or qualified immunity to public employees. … ” ¶ 37 The circumstances of this case do not clearly fall into one section of the Act or the other.

Champaign-Urbana Public Health District v. Illinois Human Rights Comm'n

461 Ill. Dec. 878 · Appellate Court of Illinois · Apr 14, 2022

Hunt’s experience of applying for positions she was clearly qualified for and not being hired lined up with that statement. … - 51 - is clearly evident

Carolan v. City of Chicago

2018 IL App (1st) 170205 · Appellate Court of Illinois · May 17, 2019

established where the alleged negligence only creates a condition that allowed the injury to be possible. … . ¶ 13 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide

People v. O'Malley

2021 IL App (5th) 190127 · Appellate Court of Illinois · Mar 19, 2021

Because the evidence established that the vehicle was headed -5-  toward a hospital and was stopped solely for a well-being check, it is the defendant’s position … known because they were on the scene for the purpose of a well-being check and, separately, the state’s attorney’s office should have noted that the defendant should not have been charged because she qualified

Anest v. Lake County

147 Ill. App. 3d 243 · Appellate Court of Illinois · Sep 18, 1986

immunity from a section 1983 suit because the constitutional right they allegedly violated was not clearly established at the time of the violation; and the taxpayers lacked standing to sue certain township assessors because … Tort Immunity Act (Tort Immunity Act) (Ill.

Naleway v. Agnich

Appellate Court of Illinois · Oct 31, 2008

The defendant has a qualified privilege to make the statements regarding the plaintiff [sic] and she did not abuse her privilege; and b. the defendant is immune from liability for making … -8- No. 2--06--1275 The plaintiff[s] assert[] that the defendant abused her qualified privilege and that she is not entitled to immunity under

Nichols v. Fahrenkamp

2018 IL App (5th) 160316 · Appellate Court of Illinois · Feb 4, 2019

¶ 21 JUSTICE GOLDENHERSH, dissenting: ¶ 22 I respectfully dissent. ¶ 23 As noted in the majority opinion, while alluding to both qualified and absolute immunity of attorney Fahrenkamp, as plaintiff … . ¶ 25 The majority’s disposition denying any form of immunity, absolute or quasi-qualified, runs counter to sound authority and reads Vlastelica v. Brend, 2011 IL App (1st) 102587, too narrowly.

Lloyd v. County of Du Page

303 Ill. App. 3d 544 · Appellate Court of Illinois · Mar 3, 1999

The allegations in the subparagraphs that the trial court determined were barred by the Tort Immunity Act fell within the category of conduct excluded from the grant of immunity provided by the Tort Immunity Act. … App. 3d 417, 424 (1996)), and a cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to recover. First Bank v.