Case law

People v. Peterson

397 Ill. App. 3d 1048 · Appellate Court of Illinois · Feb 10, 2010

Ct. 1480 (1996), the United States Supreme Court rejected the notion that selective prosecution qualifies as an affirmative defense. … Defendant’s cross-appeal challenges the court’s pretrial rulings regarding discovery related to selective prosecution, defendant’s motion to dismiss the criminal charges based on federal preemption and immunity under the

Cooney v. Magnabosco

Appellate Court of Illinois · Feb 10, 2011

If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. … Again, “ ‘[s]horthand reporter’ means a person who is technically qualified and certified under this Act to practice shorthand reporting.” 225 ILCS 415/4(5) (West 2008).

Michigan Millers Mutual Fire Insurance v. McDonough

358 Ill. 575 · Illinois Supreme Court · Dec 17, 1934

licensed to transact business in this State under the provisions of the Mutual Insurance act of 1915; that each maintains and operates an agency in the city of Chicago; that through these agencies they hold themselves out as qualified … theft, collision and property damage, and hail, windstorm, cyclone, tornado, earthquake, use and occupancy, and sprinkler-leakage insurance; that the Central Manufacturers Mutual Insurance Company also announces itself qualified

Daniels v. City of Chicago

920 F. Supp. 901 · District Court, N.D. Illinois · Mar 22, 1996

The home entered by the police was clearly marked as 6540, the numbers posted in large print on the front door. The police entered another door. … But there is no qualified immunity from suit for a municipality, there is only freedom from liability. The rationale for heightened pleading “wrongly equates freedom from liability with immunity from suit.”

Thurman v. Champaign Park Dist.

355 Ill. Dec. 575 · Appellate Court of Illinois · Aug 10, 2011

It argued it could not be held liable for plaintiffs' claimed *21 injuries because (1) section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-106 (West 2008)) made it immune … in Tort Immunity cases to the exclusion of common[-]law definitions."

Bilyk v. Chicago Transit Authority

125 Ill. 2d 230 · Illinois Supreme Court · Sep 22, 1988

These decisions established that the legislature may not constitutionally distinguish between the tort liability of public entities performing the same function. … Alternatively, the defendant argues that section 27 is valid, even if it provides the CTA with more extensive immunity than other municipal entities enjoy, because the legislature may permissibly establish different standards

Jackson v. Alverez

358 Ill. App. 3d 555 · Appellate Court of Illinois · Jun 10, 2005

The proposed amended complaint could survive a challenge premised on sovereign immunity because sovereign immunity will not bar the lawsuit if the duty the employee breached arose from a source independent of the state employment … In her filings below, she clearly made the relevant argument.

Abruzzo v. City of Park Ridge

374 Ill. App. 3d 743 · Appellate Court of Illinois · Jun 22, 2007

Immunity under the Act qualifies as an affirmative matter properly raised in a section 2 — 619 motion to dismiss. Arteman v. … the defendant in that case had established a fire department with emergency services.

C. G. E. Ford Heights, LLC v. Miller Modification of June 9, 1999

Appellate Court of Illinois · Aug 4, 1999

Plaintiffs, which burn tires, no longer qualify as QSWEFs under the amendment and are not entitled to the retail rate. … We will not render advisory opinions or decide cases merely to establish precedent. Berlin , 179 Ill. 2d at 8 .

Tambone v. Memorial Hosp. for McHenry County

635 F. Supp. 508 · District Court, N.D. Illinois · Mar 28, 1986

Such a result is clearly unwarranted and unwise. … Second, as the court in Marrese noted, the elements required to establish state action under Section 1983 differ from those required to meet the state action immunity doctrine. Marrese, 748 F.2d at 395 n. 25.

United States v. Thanasouras

368 F. Supp. 534 · District Court, N.D. Illinois · Dec 7, 1973

First, the defendant mistakenly contends that the Special February 1971 Grand Jury which heard the defendant’s immunized testimony also indicted the defendant. This is clearly not the case. … Thus the Alter ease relied on by the defendant to support his request is clearly distinguishable from the instant action.

Wright v. Gurnee Park District

2025 IL App (2d) 240687 · Appellate Court of Illinois · Oct 21, 2025

The Tort Immunity Act is central to this case. … It is plain from the photos that there was an area of higher grass clearly visible.

Shempf v. Chaviano

2019 IL App (1st) 173146 · Appellate Court of Illinois · Jun 28, 2019

The mandamus ruling was clearly a final judgment. … qualifies as a “governmental entity,” the State was not expressly identified in the statute.

Coleman v. East Joliet Fire Protection District

2016 IL 117952 · Illinois Supreme Court · Mar 3, 2016

Whether a plaintiff can establish that a local public entity owed a duty is a separate and distinct inquiry from the issue of whether defendants can claim a statutory immunity is available as a defense. … State Board of Elections, 222 Ill. 2d 482, 490 (2006) (“We need not decide this disagreement, because even if Public Act 93–541 created additional judgeships, Public Act 94–727 clearly eliminated them ***.”)

Anderson v. Cornejo

199 F.R.D. 228 · District Court, N.D. Illinois · Mar 10, 2000

Clearly Established Law Regarding Standard Patdown Searches Qualified immunity protects government officials from individual liability for monetary damages as long as “their conduct ‘does not violate clearly established statutory … When the law became clearly established would only be pertinent to qualified immunity for the damages claims contained in Count VII.

Niehaus v. Rural Peoria County Council on Aging, Inc.

Appellate Court of Illinois · Jun 23, 2000

Act (Tort Immunity Act or Act) (745 ILCS 10/8–101 (West 1996)). … The court stated: "the amendment to section 1–206 of the Tort Immunity Act (Ill. Rev.

Tomasso v. City of Chicago

782 F. Supp. 1231 · District Court, N.D. Illinois · Aug 26, 1991

Qualified Immunity The defendants argue that the individual defendants are qualifiedly immune. Accordingly, this Court must decide whether Ignoffo may be sued for his alleged role in the beating of Tomasso. … The doctrine of qualified immunity shields public officials “from liability for civil damages insofar as the conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Murray v. Chicago Youth Center

352 Ill. App. 3d 95 · Appellate Court of Illinois · Apr 16, 2004

The principles to be applied in construing provisions of the Act are well established: “ ‘[0]ur primary goal is to ascertain and give effect to the intention of the legislature. … The plaintiff argued that section 3 — 108 of the Act does not establish unconditional immunity but, rather, provides an exception for willful and wanton misconduct.

Ortiz v. Town of Cicero, Illinois

District Court, N.D. Illinois · Nov 2, 2021

Indianapolis Fire Dept., 578 F.3d 559, 566 (7th Cir. 2009) (recognizing “a ‘qualified’ constitutional right [under the Due Process Clause] to the confidentiality of medical records and communications”); Grimes v. … Dunlap, 209 F.3d 944, 956 (7th Cir. 2000) (“[T]his Circuit has outlined a clearly established ‘substantial’ right in the confidentiality of medical information that can only be overcome by a sufficiently strong state interest

Parmar v. Madigan

2017 IL App (2d) 160286 · Appellate Court of Illinois · Jun 6, 2017

affirmative defenses, defendants claimed that several counts in plaintiff’s complaint failed to state a claim upon which relief could be granted. ¶ 12 In his response, plaintiff claimed that the legislature clearly … Plaintiff did not dispute Flores’s averments, but claimed that duress was established by the Estate Tax Act’s provision for penalties, interest, and personal liability.