Case law

Donath v. Village of Plainfield

2020 IL App (3d) 190762 · Appellate Court of Illinois · Oct 6, 2020

Clearly, our legislature recognized, without affording immunity to local public entities, “public property intended or permitted to be used for recreational purposes” could suffer or become less available to … The record also establishes that Fox River Street itself has never been used for recreation.

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."

People v. Bernard

149 Ill. App. 3d 684 · Appellate Court of Illinois · Nov 18, 1986

As the courts in Illinois have held, there is no reason to prohibit a qualified physician from giving an expert opinion that a child suffered from child abuse. (People v. Platter (1980), 89 Ill. … Admission of such testimony is permissible as long as the trial court is satisfied that the witness was qualified to give an opinion on the subject. (People v. Ward (1983), 112 Ill.

DiMarco v. City of Chicago

278 Ill. App. 3d 318 · Appellate Court of Illinois · Feb 22, 1996

Further, it is well established that the purpose of the Tort Immunity Act is to protect local governments and their employees from liability arising out of the operation of government. Burke, 227 Ill. … Given the record, we cannot say that it is clearly evident that the City had constructive notice of the condition of the curb.

Perfetti v. Marion County, Illinois

985 N.E.2d 327 · Appellate Court of Illinois · Mar 7, 2013

Id. at 153. ¶ 19 Constructive notice under section 3-102(a) of the Tort Immunity Act is established where the condition has existed for such a length of time or is so conspicuous or plainly visible that … Marion County clearly asserted its lack of notice under section 3-102 of the Tort Immunity Act in response to the plaintiff’s complaint and argued the issue before the circuit court as a basis for granting its

Collins v. Town of Normal

351 Ill. Dec. 621 · Appellate Court of Illinois · Jul 22, 2011

At the opposite end, section 2-101 of the Tort Immunity Act specifies some situations where the Tort Immunity Act does not apply, where there clearly is no immunity. … "[U]nder established Illinois law, public entities possess no immunized discretion to discharge employees for exercising their workers' compensation rights." Smith v.

People v. Markham

2019 IL App (3d) 180071 · Appellate Court of Illinois · Jul 2, 2019

the requisite small amount of heroin required for immunity under the Act. … The reviewing court opined that, because the contraband was clearly and immediately visible, thereby establishing independent probable cause prior to the defendant obtaining emergency medical assistance

Behl v. Duffin

406 Ill. App. 3d 1084 · Appellate Court of Illinois · Dec 10, 2010

Defendants also maintained plaintiffs’ complaints fail to state a cause of action and plaintiffs’ claims are barred by sovereign and qualified immunities. … immunities.

Thames v. Board of Educ. of Chicago

206 Ill. Dec. 440 · Appellate Court of Illinois · Dec 22, 1994

provided to the Board under the Tort Immunity Act. … Clearly, the cases interpreting the unique awareness element of the "special duty” exception provide a narrow interpretation of that requirement.

Toro v. Gainer

370 F. Supp. 2d 736 · District Court, N.D. Illinois · Apr 20, 2005

Defendants also raise the shield of qualified immunity and further argue that plaintiff has failed to state a claim for malicious prosecution. For the following reasons, defendants’ motion is denied. … In their final argument, defendants claim that they are entitled to summary judgment based on qualified immunity.

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.

Donath v. Village of Plainfield

2020 IL App (3d) 190762 · Appellate Court of Illinois · Oct 6, 2020

Clearly, our legislature recognized, without affording immunity to local public entities, “public property intended or permitted to be used for recreational purposes” could suffer or become less available … The record also establishes that Fox River Street itself has never been used for recreation.

Commonwealth Edison Co. v. Will County Collector

196 Ill. 2d 27 · Illinois Supreme Court · May 3, 2001

Act (Tort Immunity Act) (745 ILCS 10/9 — 107 (West 1994)). … insurance had to be included within the general corporate rate limitation established under section 5 — 1024.

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.

People v. DeFord

59 Ill. App. 3d 942 · Appellate Court of Illinois · May 17, 1978

At trial, after first establishing the facts of the burglary, tracking and arrest, the State asked the court to call defendant’s brother as a court’s witness. … The range of the witness’ story concerning his involvement in the burglary, from complete denial to being present at the scene but not involved to actual commission of the crime, clearly supports the State’s reluctance to

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

Atwater v. Roudebush

452 F. Supp. 622 · District Court, N.D. Illinois · Sep 29, 1976

Their duty to attempt the collection of Atwater’s debt to the FHA was clearly mandated by statute. … As a lower echelon federal employee, Piner has a qualified immunity and has available the defense of good faith in the performance of his official duties.

Long v. Williams

155 F. Supp. 2d 938 · District Court, N.D. Illinois · Aug 6, 2001

We note that, in their motion to dismiss, although Defendants did not raise the defense of qualified immunity, they would have been entitled to that defense. … "[Q]ualified immunity protects arresting police officers from suit if a reasonable officer would have believed the arrest to be lawful, in light of clearly *943 established law and the information that the arresting officers

Nichol v. Stass

297 Ill. App. 3d 557 · Appellate Court of Illinois · Jun 17, 1998

employment status for sovereign immunity purposes. … Clearly, the duty to comply with Department of Children and Family Service rules and regulations would not exist outside of the relationship between the state and the foster parents.

Spencer v. City of Chicago

192 Ill. App. 3d 150 · Appellate Court of Illinois · Dec 8, 1989

Act (Tort Immunity Act) (Ill. … The Illinois Tort Immunity Act (Ill. Rev.