Case law

Nickels v. Burnett

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.

IOS Capital, Inc. v. Phoenix Printing, Inc.

Appellate Court of Illinois · Apr 22, 2004

Qualified Privilege Even if Russell's participation had been sufficient to find him liable for conversion, if the conduct was privileged or justified, Russell is not liable in tort. See 19 C.J.S. … Those cases cited by [the plaintiff] in support of its conversion argument are clearly distinguishable on their facts from the present case.

Burnham City Hospital v. Human Rights Commission

126 Ill. App. 3d 999 · Appellate Court of Illinois · Aug 13, 1984

The evidence before the administrative law judge clearly showed that Clifton was a member of a minority group, was qualified for the position of pharmacist’s technician, had applied to Burnham for such a job, and was rejected … First, he determined Clifton was more qualified than the applicant that Burnham hired.

Village of Wheeling v. Exchange National Bank

213 Ill. App. 3d 325 · Appellate Court of Illinois · Mar 22, 1991

The Teska firm was of the opinion that the area was “clearly eligible” for redevelopment pursuant to the Tax Increment Act. … It is our opinion that there were sufficient factors present for the subject property to qualify as a blighted area.

People Ex Rel. Kenney v. City of Goreville

154 Ill. App. 3d 1091 · Appellate Court of Illinois · Apr 16, 1987

Because summary judgment is a drastic measure, it is to be granted only where the evidence, when construed most strongly against the moving party, establishes clearly and without doubt his right thereto. Motz v. … We find the Department has failed to establish clearly and without doubt its right to summary judgment.

Lyons Township ex rel Kielczynski v. Village of Indian Head Park

2017 IL App (1st) 161574 · Appellate Court of Illinois · Mar 24, 2017

Clearly, a qui tam action would not be brought on behalf of a government entity engaging in fraud, or any other random government unit with no ties to the claim. … by the Tort Immunity Act

Rodriguez v. Village of Park Forest

2021 IL App (1st) 201269-U · Appellate Court of Illinois · Aug 19, 2021

provision provides only qualified immunity with an exception for willful and wanton conduct. … Yet, even if a public employee was enforcing a law, the absolute immunity afforded by another section will prevail over section 2- 202’s qualified immunity when the facts fall within the more specific application

Nelson v. Crystal Lake Park District

342 Ill. App. 3d 917 · Appellate Court of Illinois · Aug 27, 2003

On appeal, she argues that those allegations sufficed to establish that she had a property interest in her position. We agree. … The court held that, because the statute established that an alderman was “entitled” to occupy his position until his successor was duly elected and qualified, he had a property interest in his office that could “be taken

Thomas v. Cornerstone Services, LLC

2026 IL App (3d) 240568 · Appellate Court of Illinois · Apr 28, 2026

contractor is immunized from liability under the Act only when its violation occurred when acting within the scope of its governmental contractual relationship … [Thomas’s] whole argument is some of your work clearly is for the state” and “[s]ome of it might not be, so now you have a mixed situation.”

Komel v. Commonwealth Edison Co.

56 Ill. App. 3d 967 · Appellate Court of Illinois · Dec 28, 1977

Freeman brought the latter under Edison’s, control since his failure to comply with policies established by Dr. Mehn, simply put, would subject him to discharge. … Clearly, Dr. Freeman was an Edison employee whose treatment of plaintiff was in his course of employment as a staff physician.

Williams v. Williams

108 Ill. App. 3d 936 · Appellate Court of Illinois · Aug 27, 1982

App. 3d 74, 75-76 , 411 N.E.2d 547 , 548: “[I]n *** Elkins *** the Illinois Supreme Court held that the immunity established by the 1953 amendment did not bar suit, but rather that it provided the tortfeasor spouse with a … While the instant case does not at this point involve a co-tortfeasor and the issue of contribution, the Wirth opinion clearly recognized that the modern tort trend with respect to interspousal immunity is to dilute the doctrine

Davis v. Village of Maywood

240 N.E.3d 59 · Appellate Court of Illinois · Dec 29, 2023

In the alternative, Maywood argued that it was immunized from liability by various sections of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq. … Also, although Maywood was not immunized by either statute that the municipality cited, it was immunized by the similarly worded statute regarding willful and wanton conduct that we quoted in the first paragraph of this

Thornton Fractional High School District No. 215 v. Illinois Educational Labor Relations Board

404 Ill. App. 3d 757 · Appellate Court of Illinois · Sep 30, 2010

Taylor was chosen because she was the most qualified applicant. … The decision of the IELRB was clearly erroneous on this issue. There was no history of past practice to establish a status quo here.

Mennes v. South Chicago Community Hospital

100 Ill. App. 3d 1029 · Appellate Court of Illinois · Jun 24, 1981

The California court found that records of the hospital credentials committee which screened applicants for staff privileges were immune from discovery. … This was clearly information used in the course of internal quality control, made confidential by section 1.

Maschek v. City of Chicago

2015 IL App (1st) 150520 · Appellate Court of Illinois · Feb 19, 2016

Act (Tort Immunity Act) barred plaintiff’s fraud claim (745 ILCS 10/2-107 (West 2014)). ¶ 19 Defendant attached exhibits which included a copy of the ticket mailed to plaintiff. … Two Issues ¶ 51 The case before us presents two distinct issues: whether the schooling of special needs children qualifies as a school day for purposes of the ASE law and whether recovery classes qualify

Vincent Ex Rel. Reed v. DEPT. HUMAN SERV.

392 Ill. App. 3d 88 · Appellate Court of Illinois · Jun 18, 2009

Congress further provided that the rule applies "whether or not the medicaid qualifying trust is irrevocable or is established for purposes other than to enable a grantor to qualify for medical assistance * * * or * * * whether … Given these facts, we cannot say that the Department's finding that the invoice was not "exclusively for a reason other than to qualify for assistance" was clearly erroneous.

People v. Nally

216 Ill. App. 3d 742 · Appellate Court of Illinois · Jul 22, 1991

Under transaction immunity, however, the witness is fully immunized from prosecution for any offense to which his compelled testimony may relate. (Fitzgerald, 66 Ill. 2d at 549 .) … The trial judge’s statements clearly focused on the force employed and the physical manner in which McNamee’s death was brought about, and not simply the fact of death itself.

Matarese v. Buka

386 Ill. App. 3d 176 · Appellate Court of Illinois · Oct 31, 2008

On appeal, a trial court will not be reversed “for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant.” Schultz, 201 Ill. 2d at 274 . … On appeal, the court ruled that the trial court’s hybrid instruction was not error but, rather, a correct statement of the law that clearly and accurately instructed the jury to determine the standard of care based on expert

Busch v. Bates

323 Ill. App. 3d 823 · Appellate Court of Illinois · Jul 25, 2001

The defendants moved for summary judgment on May 8, 1999, and again asserted the defense of sovereign immunity. … Illinois State Police Directive PER-30, 92-51, established an internal investigative procedure within the Illinois State Police concerning complaint and disciplinary investigations.

People v. Lake

61 Ill. App. 3d 428 · Appellate Court of Illinois · Jul 7, 1978

But such is clearly not the case here since Lake was afforded ample opportunity to thoroughly cross-examine his accomplice, Cronk. … such immunity.