Case law

Governmental Interinsurance Exchange v. Judge

Illinois Supreme Court · May 18, 2006

City of Aurora, 71 Ill. 2d 1, 11 (1978) (AThis court has clearly established the rule that once a governmental unit >adopts a plan in the making of public improvements,= it owes a duty to a plaintiff to maintain those improvements … AThe above regulations clearly establish that, contrary to the dissent=s statement *** a broken yellow line does indicate a passing zone.

People v. Malchow

193 Ill. 2d 413 · Illinois Supreme Court · Sep 21, 2000

These factors clearly weigh in favor of the conclusion that the Notification Law’s effect is not so punitive that it defeats the legislature’s intent. … This limited distribution clearly is not analogous to stigmatization penalties such as branding, stockading, pillorying, or banishment.

Cardwell v. Rockford Memorial Hospital

136 Ill. 2d 271 · Illinois Supreme Court · Apr 18, 1990

The trial court found that the statutes cited by White and the hospital established a qualified immunity. … The immunity was qualified, according to the trial court, in that it was not applicable where a party’s conduct was willful or wanton.

Brugger v. Joseph Academy, Inc.

202 Ill. 2d 435 · Illinois Supreme Court · Nov 21, 2002

Alternatively, the academy argues that it qualifies for immunity under the Carroll criteria. … It contends that, based on our misconstruction of this term, Carroll established an overly restrictive test for determining whether an entity qualifies for tort immunity under the Act.

Burdinie v. Village of Glendale Heights

139 Ill. 2d 501 · Illinois Supreme Court · Nov 30, 1990

He maintains that his complaint clearly alleges that he was a “beginner adult swimmer” and that defendant purportedly supplied a “qualified” swimming instructor. … This not only would run against the grain of the common law, but is clearly prohibited by the Tort Immunity Act. Ill. Rev. Stat. 1989, ch. 85, pars. 3-106, 3-108, 3-109.

People v. Evans

247 Ill. 547 · Illinois Supreme Court · Dec 21, 1910

It was clearly the intention of the framers of this constitutional provision that the appointing power,- in cases of all offices established by the constitution or created by law, should be vested in the Governor, unless … The language found in said section of the constitution, “and whose appointment or election is not otherwise provided for,” is plain and unambiguous; and clearly- indicates that if by the constitution an office is established

Hubble v. Bi-State Development Agency

238 Ill. 2d 262 · Illinois Supreme Court · Sep 23, 2010

Clearly, Bi-State is a form of “local government body” as referenced in section 1 — 206 of the Tort Immunity Act. See F. Zimmerman & M. … Clearly, the one-year statute of limitations provided by section 8 — 101(a) of the Tort Immunity Act furthers or supports Bi-State and does not burden it. 1.

Governmental Interinsurance Exchange v. Judge

221 Ill. 2d 195 · Illinois Supreme Court · May 18, 2006

A judge is clearly in a better position to make this determination. … “The above regulations clearly establish that, contrary to the dissent’s statement *** a broken yellow line does indicate a passing zone.

Brugger v. Joseph Academy, Inc.

Illinois Supreme Court · Nov 21, 2002

Alternatively, the academy argues that it qualifies for immunity under the Carroll criteria. … It contends that, based on our misconstruction of this term, Carroll established an overly restrictive test for determining whether an entity qualifies for tort immunity under the Act.

Murray v. Chicago Youth Center

224 Ill. 2d 213 · Illinois Supreme Court · Feb 16, 2007

Collins had no license or certifícate qualifying him as a trampoline instructor or teacher. … Rabinoff s opinion, Collins was not qualified to teach tumbling. Dr.

Farnsworth v. Tribune Company

43 Ill. 2d 286 · Illinois Supreme Court · Nov 26, 1969

Medical quackery is an area of critical public concern which clearly qualifies under the Butts test as a subject “ ‘about which information is needed or appropriate to enable the members of society to cope with the exigencies … This conclusion is supported by preNew York Times cases which established a qualified privilege for publications concerning public health and medical quackery. Brinkley v.

Nichol v. Stass

192 Ill. 2d 233 · Illinois Supreme Court · Aug 10, 2000

Nor is state employment established, for purposes of sovereign immunity, through the State Employee Indemnification Act. … It would be anomalous to grant a qualified immunity to educators and biological parents but to deny immunity entirely to foster parents, who, in their relationships with their foster children, share many important similarities

Strauss v. City of Chicago

2022 IL 127149 · Illinois Supreme Court · Sep 22, 2022

We note that plaintiffs consistently insert qualifiers to the discretion of an alderman such as “lawful,” “legal,” and “official.” … Indeed, the plain language of section 2-201 makes clear that even if the discretion is abused, immunity still attaches, thereby opposing plaintiffs’ inclusion of these qualifiers as conditions imposed

Mora v. State

68 Ill. 2d 223 · Illinois Supreme Court · Oct 5, 1977

On the basis of extensive surveys taken after the accident, plaintiffs contend that the roadway here in question would qualify for posting as a no-passing zone under the standards set by the manual. … It is a well established principle of the common law that an immunity exists in favor of public officials when they are exercising their official discretion on matters which are discretionary in nature and not ministerial

Harrison v. Hardin County Community Unit School District No. 1

197 Ill. 2d 466 · Illinois Supreme Court · Oct 18, 2001

The court found that this qualified as the making of policy under Harinek, and thus the coach’s actions were immunized under section 2—201 of the Act. Johnson, 301 Ill. App. 3d at 809-10 . … Under the principles set forth in Harinek, Brumley’s actions clearly qualify as the making of policy.

Jaffe v. Cruttenden

412 Ill. 606 · Illinois Supreme Court · May 22, 1952

Brady, 300 Ill. 425 , finding that no special privilege was created by the exemption from the Securities Law of securities listed on the stock exchanges of certain specifically named cities, are clearly analogous. … In view of the fact that the challenged provision is merely'an alternative to one of several conditions, this is clearly not the case here. (Cf. Merrick v. Halsey & Co. 242 U.S. 568, 590 .)

Colson v. Stieg

89 Ill. 2d 205 · Illinois Supreme Court · Feb 19, 1982

Medical quackery is an area of critical public concern which clearly qualifies under the Butts test as a subject ‘“about which information is needed or appropriate to enable the members of society to cope with the exigencies … However, we need not in this case decide whether plaintiff was a public figure or public official, because the facts justify following Farnsworth and holding that this case clearly qualifies under the Butts test as a subject

Doe-3 v. McLean County Unit District No. 5 Board of Directors

362 Ill. Dec. 484 · Illinois Supreme Court · Aug 9, 2012

Other provisions clearly provide blanket immunity for all conduct by immunizing liability for any injury, without exception. … This court rejected that argument, finding that section 2-202 was not a general exception to all the other immunities established by the Act, and that section 2-202 provided immunity only where the public employee

People ex rel. Akin v. Loeffler

175 Ill. 585 · Illinois Supreme Court · Oct 24, 1898

The rig'ht of an elected and qualified officer to select ' his own subordinates is not a vested or private personal right. In Butler v. … Clearly such a purpose is within the just scope of legislative power.”

Lavery v. Department of Financial and Professional Regulation

2025 IL 130033 · Illinois Supreme Court · Sep 18, 2025

The General Assembly subsequently established statutory sovereign immunity by enacting the State Lawsuit Immunity Act (745 ILCS 5/0.01 et seq. … As we established above, the Confidentiality Act does not contain an express waiver of statutory sovereign immunity.