Case law

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.

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.

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.

Lovelace v. Whitney

684 F. Supp. 1438 · District Court, N.D. Illinois · May 3, 1988

The Court in Imbler , however, left standing a line of decisions which had allowed only qualified immunity for prosecutors engaged in certain investigative activities. … officer,” which are only entitled to a qualified immunity.

Garibaldi v. Applebaum

Appellate Court of Illinois · Nov 12, 1998

In Garibaldi I , we held that the hospital "clearly had a contractual relationship with Garibaldi in 1992." Garibaldi I , 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects "individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Frazer v. City of Chicago

51 L.R.A. 306 · Illinois Supreme Court · Jun 21, 1900

The establishing of this small-pox hospital was therefore clearly within the police power of the city, and it is clear, therefore, that in the absence of carelessness or negligence, or of an abuse of that power in any way … If it be conceded that the State may, in exercising a public power, create a private nuisance with immunity, the immunity grows out of the public necessity and rests-upon the State’s sovereignty; but it cannot, or, at all

Bollinger v. Schneider

64 Ill. App. 3d 758 · Appellate Court of Illinois · Oct 16, 1978

Sections 4 — 102 and 4 — 103 provide respectively: “Neither a local public entity nor a public employee is liable for the failure to establish a police department or otherwise provide police protection service or, if police … Section 4 — 103 involves detentional facilities and the language of that section, as previously set forth, clearly indicates its applicability to the present facts.

Edmondson v. Simon

87 F.R.D. 487 · District Court, N.D. Illinois · Aug 26, 1980

From this they argue that, absent an explicit waiver of governmental immunity (not present in the ADEA), federal employees have no right to jury trial. … Though the issue is thus clearly a close one, it seems to the Court that the government and Judge Tamm’s dissenting opinion in Nakshian have the better of the argument.

Tavarez v. O'MALLEY

635 F. Supp. 1274 · District Court, N.D. Illinois · May 22, 1986

Here, the actions of O’Malley and Mole as alleged by the Tavarezes clearly were not authorized by the relevant ordinance. … However, this provision clearly does not protect people such as O’Malley who are not in a position to determine policy.

Peters v. Herrin Community School District No. 4

401 Ill. App. 3d 356 · Appellate Court of Illinois · May 19, 2010

In the instant case, plaintiff pleaded sufficient facts to establish a duty under section 3 — 102(a) for the School District to protect Gene Peters. … The complaint alleged that the court was in a dangerous condition because it contained trenches that were clearly visible, that the defendant knew or should have known of this condition and that it would cause injury, and

Gardels v. Murphy

377 F. Supp. 1389 · District Court, N.D. Illinois · May 28, 1974

We believe that Henkel is entitled to immunity. … We do not have before us the question of Murphy’s actions as an advanceman on a clearly partisan campaign trip.

People Ex Rel. Madigan v. EXCAVATING AND LOWBOY SERVICES, INC.

388 Ill. App. 3d 554 · Appellate Court of Illinois · Feb 13, 2009

The void in the terms of the Environmental Act is, however, adequately compensated by the established rules found in the Claims Act and the Immunity Act. … Four well-established criteria guide the granting of injunctive relief: (1) the existence of a clearly ascertainable right in need of protection; (2) that irreparable harm will occur in the absence of the injunction; (3)

Bielema v. River Bend Community School District No. 2

990 N.E.2d 1287 · Appellate Court of Illinois · Jun 18, 2013

The Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) provides that local government entities like the District are not liable for injuries on public property used for recreational … -4-  statutory definition to exclusively apply in cases involving the Tort Immunity Act.

Lietzow v. Village of Huntley

District Court, N.D. Illinois · Apr 14, 2023

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” City of Escondido v. … Aug. 22, 2022) (reviewing Randolph and related caselaw, and concluding qualified immunity applied because it was not “clearly established” that an officer violated the plaintiff’s rights, where the plaintiff objected to

American National Bank & Trust Co. v. City of Chicago

Illinois Supreme Court · Aug 10, 2000

We believe that section 5–101 immunizes only a local public entity that has not established a fire department or rescue service, or has not instituted a system for otherwise providing fire or rescue services. … Although the complaint may establish that the City employees performed their duties incompetently, it fails to establish that they owed decedent a special duty.

Harris v. United States Department of the Treasury

489 F. Supp. 476 · District Court, N.D. Illinois · Jan 31, 1980

Plaintiff contends that he was better qualified for the position than was the agent selected for the post, and that his application was denied solely on account of his age. *477 In March, 1975, plaintiff initiated administrative … Clearly, the tradition of a trial before a jury of one’s peers holds a special place in our system of jurisprudence.

Carroll v. Community Health Care Clinic, Inc.

2017 IL App (4th) 150847 · Appellate Court of Illinois · Sep 8, 2017

of immunity. … Additionally, the Lease Agreement provided the parties intended the Clinic to operate as a free medical clinic at all times. ¶ 32 Clearly, Dr.

Aetna Casualty & Surety Co. v. James J. Benes & Associates, Inc.

229 Ill. App. 3d 413 · Appellate Court of Illinois · May 28, 1992

Act, any defenses or immunities therein provided.” … conferred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill.

Lang v. City of Round Lake Park

87 F. Supp. 2d 836 · District Court, N.D. Illinois · Jan 4, 2000

Even if probable cause did not exist, the arresting officer is immune from suit if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer possessed … Based on the undisputed evidence, Gliniewicz and Hoyne had probable cause to arrest the Langs or are at least entitled to qualified immunity in connection with the arrest.

1 v. Board of Education of Lake Forest High School District 115

2024 IL App (2d) 230173 · Appellate Court of Illinois · May 30, 2024

For instance, it also immunizes public entities from defamation claims. See 745 ILCS 10/2- 107 (West 2022) (granting immunity “for injury caused by any action of its employees that is libelous or slanderous”). … At this stage in the litigation, we must consider only the facts alleged in the complaint and clearly established by the exhibits to the complaint. Lake Point Tower Condominium Ass’n v.