Case law

Pfister v. Shusta

167 Ill. 2d 417 · Illinois Supreme Court · Oct 26, 1995

Defendant based this analogy on his claim that the parties had divided themselves into teams, established goals and had no out-of-bounds area. … Sprowls (1981), 84 Ill. 2d 390, 399 ("Clearly, it may be negligent to play in areas inappropriate for such activity”).

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.

Wallace v. Smyth

Appellate Court of Illinois · Oct 21, 1998

Here, plaintiff's claims clearly arose out of Maryville's supervision and discipline of Waketta. … Clearly, therefore, the parent-child tort immunity doctrine factors of legal and financial responsibility, which the majority relies upon to deny Maryville in loco parentis status, had no bearing on the in loco parentis status

Tillman v. Burge

813 F. Supp. 2d 946 · District Court, N.D. Illinois · Nov 2, 2011

The court does not address claims of qualified immunity in this opinion because the parties have not made them; that torture is unlawful has been clearly established for decades, thus rendering futile any argument that an … individual who engaged in torture should enjoy qualified immunity.

In re Marriage of McGowan

265 Ill. App. 3d 976 · Appellate Court of Illinois · Aug 3, 1994

It clearly does not. Whether or not the funds can be reached by garnishment is also not appropriate in considering what is included in the child support formula. … The Court recognized that Congress intended the Federal law to avoid sovereign immunity problems, not to shield income from valid support orders.

Pritza v. Village of Lansing

405 Ill. App. 3d 634 · Appellate Court of Illinois · Nov 24, 2010

The Illinois Supreme Court firmly established that governmental self-insurance pools are not “insurance” as defined in the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 — 101 et seq. … The court agreed that, in the case of commercial insurance, “the immunity is waived since government funds are no longer in jeopardy and immunity would inure to the benefit of private investors who have assumed the risk of

McCoy v. Illinois International Port District

Appellate Court of Illinois · Sep 30, 2002

McCoy argues that Matthews did not have to be specifically named in the contract to qualify as a third-party beneficiary. … It argues that, to qualify as a third- party beneficiary, the actual parties to the contract must specifically intend that the contract directly benefit the third party in question.

Krebs v. Board of Trustees

410 Ill. 435 · Illinois Supreme Court · Nov 27, 1951

or exclusive privilege to a group of individuals without any basis for such classification in violation of section 22 of article IV which prohibits the General Assembly from granting “any special or exclusive privilege, immunity … As to section 25-55.1, the answer alleged that those persons who had retired prior to the act because of disability and who had qualified for disability allowance increases, were persons who did not qualify for age retirement

Chiriboga v. National Railroad Passenger Corp.

687 F. Supp. 2d 764 · District Court, N.D. Illinois · Sep 3, 2009

This type of conduct differs from that needed to establish negligence in that it involves an intentional act or a reckless disregard for others’ safety. Ziarko v. Soo Line R. … Failing to employ ordinary care to prevent an injury from a known danger or to discover the danger will qualify as reckless disregard. Id.

Wojdyla v. City of Park Ridge

148 Ill. 2d 417 · Illinois Supreme Court · Apr 16, 1992

On motion of the plaintiff, pursuant to Supreme Court Rule 316, a certificate of importance was issued, establishing jurisdiction in this court. We affirm. … Here, the purpose of the highway is clearly for the use of automobiles.

Sanders v. City of Chicago

306 Ill. App. 3d 356 · Appellate Court of Illinois · Jun 30, 1999

Our holding is not meant to establish a rule that an officer necessarily must be engaged in an emergency response in order for section 2 — 202 immunity to apply. … App. 3d 241 (1989)) are immunized.

Brucato v. Edgar

128 Ill. App. 3d 260 · Appellate Court of Illinois · Oct 26, 1984

XIII, sec. 4) the doctrine of sovereign immunity was abolished, the legislature, acting under its constitutional authority, partially reinstated the doctrine by passing section 1 of “An Act in relation to immunity for the … Plaintiff asserts, however, that the immunity statute is inapplicable here, arguing in substance that (a) the action is not one against the State; (b) even if it were, the State waived immunity by entering into the disputed

Walker v. Chasteen

2025 IL 130288 · Illinois Supreme Court · Jan 24, 2025

Rather, the General Assembly established the Court of Claims to receive and resolve claims against the State. People v. Philip Morris, Inc., 198 Ill. 2d 87, 97 (2001). … The refunds qualify as the type of relief the Court of Claims may award, but we need not decide and do not consider whether plaintiffs are procedurally barred from pursuing their refund claim in the Court of

Doe v. Calumet City

240 Ill. App. 3d 911 · Appellate Court of Illinois · Nov 23, 1992

It is well established that a trial court should dismiss a cause of action on the pleadings only if it is clearly apparent that no set of facts can be proved which will entitle a plaintiff to recover. (Burdinie v. … Plaintiff argued that his complaint clearly alleged that he was a “beginner swimmer” and that defendant supplied a “qualified” swimming instructor who knew or should have known that directing a beginner to jump into the shallow

Hudson v. City of Chicago

Appellate Court of Illinois · Dec 14, 2007

On the other hand, there is an extensive line of cases that has held that ordinary police activities do not qualify as enforcement or execution of the law so as to be protected by section 2- 202 immunity. … In our case, the admission was more clearly in error because Dr.

Leone v. City of Chicago

156 Ill. 2d 33 · Illinois Supreme Court · Jul 22, 1993

No higher degree of fault need be established. … In neither case did the police officer's suggestion qualify as a direct order or an assumption of direct and immediate control over the plaintiff.

Corral v. Chicago Park Dist.

213 Ill. Dec. 832 · Appellate Court of Illinois · Dec 22, 1995

The Tort Immunity Act clearly identifies which elements of the common law the legislature intended to include in it. … App.3d 972 , 90 Ill.Dec. 686 , 482 N.E.2d 665 (issue of immunity never reached where plaintiff failed to establish a common law duty).) In Comastro v.

Gibbons v. OSF Healthcare System

196 N.E.3d 1077 · Appellate Court of Illinois · Jan 18, 2022

Fields has civil immunity as long as there was no bad faith and it is uncontested that he was, in fact, acting in good faith. … Plaintiff continues that, for immunity to apply, there must be good faith and no negligence. Here, she contends, Dr.

Roman

District Court, N.D. Illinois · Dec 15, 2025

Qualified Immunity protects police “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Two questions must be considered in determining qualified immunity: (1) do the facts alleged show the officer’s conduct violated a constitutional right; and (2) was the right was clearly established. Saucier v.

Smith v. County of White

191 Ill. App. 3d 569 · Appellate Court of Illinois · Nov 20, 1989

Act (Tort Immunity Act) (Ill. … Once a duty has been established, the question of whether the defendant breached that duty is one for the trier of fact. (Long, 178 Ill. App. 3d at 51 , 532 N.E.2d at 919 .)