Case law

Banks v. City of Rockford

2023 IL App (4th) 221111 · Appellate Court of Illinois · Sep 20, 2023

under the Local Governmental and Governmental Employees Tort Immunity Act (Immunity Act) (745 ILCS 10/1-101 et seq. … of his or her training does not per se establish willful and wanton conduct.

Brooks v. City of Peoria

305 Ill. App. 3d 806 · Appellate Court of Illinois · Jun 15, 1999

10/3—102(a) (West 1996)) (Tort Immunity Act). … It is well established that the Tort Immunity Act imposes a duty of care upon municipalities to maintain property only for uses that are both permitted and intended. Boub, 183 Ill. 2d 520 , 702 N.E.2d 535 ; Vaughn v.

Rosenbaum v. State

34 Ill. Ct. Cl. 38 · Court of Claims of Illinois · May 12, 1975

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 … On May 12, 1975, we allowed the Respondent’s Motion to Dismiss stating therein that “It is a well established principle of the common law that an immunity exists in favor of public officials when they are exercising their

Weiler v. Village of Oak Lawn

86 F. Supp. 3d 874 · District Court, N.D. Illinois · Mar 31, 2015

Because the Court has ruled that Deetjen is entitled to absolute immunity, the Court need not address his alternative argument that he is entitled to qualified immunity. 3 *884 B. … Deetjen and the Village have not established that they are entitled to dismissal of the state law claims on immunity grounds.

Commonwealth Edison Co. v. International Brotherhood of Electrical Workers

961 F. Supp. 1154 · District Court, N.D. Illinois · Dec 31, 1996

recently discovered exculpatory evidence since there was not clearly established authority imposing such a duty); Stanley Z. … This court holds that the Deputies did not violate any such rights, and therefore are entitled to qualified immunity. In California v.

People Ex Rel. Hartigan v. Knecht Services, Inc.

216 Ill. App. 3d 843 · Appellate Court of Illinois · Jul 26, 1991

Stat. 1987, ch. 110, par. 2 — 619(a)(9)) on the basis of absolute immunity. … The Attorney General contends that he is entitled to absolute immunity since the allegedly libelous statements were made in conjunction with a matter clearly committed to the responsibility of the Attorney General.

Williams v. Miracle Center, Inc.

462 Ill. Dec. 369 · Appellate Court of Illinois · Mar 24, 2022

The immunities established in the Tort Immunity Act are affirmative matters, and so local public entities bear the burden of proving their immunity. Van Meter, 207 Ill. 2d at 370. … Unlike section 2-105, section 3-110 clearly delineated the scope of the immunities afforded therein (specifically, immunity for injuries occurring on, in, or adjacent to a waterway) and to who they were afforded (specifically

People v. Figueroa

2020 IL App (2d) 160650 · Appellate Court of Illinois · Nov 18, 2020

In the event that—I mean, at this point, clearly she would have a right to claim the Fifth but for the State’s use immunity. … Alleged Noncompliance With the Use Immunity Statute ¶ 43 Defendant argues that the trial court erroneously granted use immunity to Casas and Patton because the State failed to establish that those witnesses either

Extendido Professional Care-Troy, Inc. v. United States Department of Health & Human Services

698 F. Supp. 748 · District Court, S.D. Illinois · Jun 3, 1988

Clearly, under 42 U.S.C. § 1396i(c)(2), the defendants could terminate the plaintiff facility’s participation in the Medicaid program under some circumstances. … Congress established the process in part due to the government’s interest in a quick and inexpensive method of dealing with hazardous conditions faced by Medicaid recipients.

Carroll v. Paddock

317 Ill. App. 3d 985 · Appellate Court of Illinois · Dec 11, 2000

The Niehaus court held that the characteristics that make a not-for-profit corporation a charitable organization do not, without more, also qualify the corporation as a local public entity under the Act. … According to the Hospital, these detailed provisions clearly place its activities within the definition of public business. See 745 ILCS 10/6 — 101 through 6 — 110 (West 1998).

Barnett v. Zion Park District

267 Ill. App. 3d 283 · Appellate Court of Illinois · Nov 2, 1994

Here, the liability alleged by plaintiff is clearly based on the conduct of the lifeguards at the pool and not on any physical defect of the premises. … We conclude that section 3 — 108(b) clearly and unequivocally immunizes defendant where supervision is provided during pool hours.

Stratman v. Brent

Appellate Court of Illinois · Aug 6, 1997

The defendant's argument that he has a duty to the general public to reasonably insure that only qualified applicants become law enforcement officers is also not persuasive. … In the case at bar, the defendant's statements were clearly meant to be a comment on the plaintiff's ability to perform in future positions.

Bailey v. Illinois Liquor Control Commission

405 Ill. App. 3d 550 · Appellate Court of Illinois · Nov 10, 2010

The court refused to find, as a matter of law, that the defendant’s establishment was a school as intended by section 24 — 24. … The church asserted that it was immune from liability under section 24 — 24 of the School Code, while the plaintiff argued that immunity under section 24 — 24 did not cover the operation of a day care facility operated by

Kirschbaum v. Village of Homer Glen

365 Ill. App. 3d 486 · Appellate Court of Illinois · May 11, 2006

The reviewing court must determine whether the allegations of plaintiffs complaint, when construed in the light most favorable to plaintiff, are sufficient to establish a cause of action upon which relief may be granted. … CONCLUSION Because we find that section 3 — 102 of the Tort Immunity Act does not create a duty for defendants to clear brush from an intersection where there are clearly visible traffic control devices at each corner and

Patterson v. Burge

328 F. Supp. 2d 878 · District Court, N.D. Illinois · Aug 5, 2004

See Manning, 355 F.3d at 1033 (where plaintiff established elements of Brady violation based on officers’ conduct beyond scope of testimony at trial, officers not entitled to absolute immunity). 4, Prosecutorial immunity … “If a [prosecutor’s] function was quasi-judicial, the [prosecutor] enjoys absolute immunity. If the function was administrative or investigatory, the [prosecutor] enjoys only qualified immunity.” Henderson v.

Chicago Fire Fighters Union Local No. 2 v. Washington

736 F. Supp. 923 · District Court, N.D. Illinois · May 7, 1990

Qualified Immunity Finally, regardless of this court’s ruling on equal protection liability, Louis T. Galante and Jesse Hoskins are entitled to qualified immunity from suit in this case. … Under the doctrine of qualified immunity public officials “performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of

People v. Carter

174 Ill. App. 3d 369 · Appellate Court of Illinois · Aug 25, 1988

It is well established that Illinois courts have no inherent power to grant immunity in order to secure testimony which the defense deems relevant. (People v. Bracey (1981), 93 Ill. … Smith (3d Cir. 1980), 615 F.2d 964 , in which the Third Circuit Court of Appeals held that a Federal district court may grant immunity where a potential defense witness can offer clearly exculpatory testimony and where the

Loman v. Freeman

Illinois Supreme Court · Apr 17, 2008

Defendant is not immune from liability. … Clearly, this was not a “walk-in” procedure.

People ex rel. Akin v. Board of Supervisors of Adams County

185 Ill. 288 · Illinois Supreme Court · Apr 17, 1900

The case here presented by the petition is that the county board, at a term at which it was required to perform an official duty, took action as in performance of that duty but Which clearly was not performance thereof, and … local or special laws are prohibited are, (1) “the opening and conducting of any election, or designating the place of voting;” “granting to any corporation, association or individual any special or exclusive privilege, immunity

Wilkerson v. County of Cook

379 Ill. App. 3d 838 · Appellate Court of Illinois · Feb 25, 2008

Immunity Act. … Newsome’s Pap smear slides could be present in cancerous, precancerous or normal conditions, she clearly testified that she never suspected a cancerous or precancerous condition.