Case law

Ostergren v. Forest Preserve District

118 Ill. App. 3d 319 · Appellate Court of Illinois · Sep 19, 1983

Immunity is granted in the former subcategory. … The new statute was held to be clearly within the police power of the State and not violative of constitutional guarantees. Perozzi v. Ganiere (1935), 149 Or. 330 , 40 P.2d 1009 .

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.

Wright Development Group v. Walsh

Illinois Supreme Court · Oct 21, 2010

This is clearly immunized activity. According to the uncontroverted deposition testimony of Walsh and Hrycko, the statements regarding the building issues at 6030 N. … This clearly applies to Walsh’s statement to a reporter made during a public forum concerning proposed legislation targeting condominium conversions.

Oats, Sr. v. McHenry County Animal Control And Its Officers And Administration

District Court, N.D. Illinois · Aug 15, 2024

from suit.1 Under the doctrine of qualified immunity, when an official’s conduct does not vi- olate clearly established rights of which a reasonable person would have been aware, that official is … Because Oats has not demonstrated the existence of a clearly established right that Enos violated, he is entitled to qualified immunity.

Price v. United States (In Re Price)

130 B.R. 259 · District Court, N.D. Illinois · Apr 1, 1991

subsections suffices to establish a waiver of the government’s sovereign immunity. … The Prices’ daim for fees qualifies as property of the estate, even though that claim arose after confirmation of the plan for discharge of their debts.

Falk v. Perez

973 F. Supp. 2d 850 · District Court, N.D. Illinois · Sep 12, 2013

Subsequent Seventh Circuit precedent clearly applies the Iqbal standard to Section 1983 Monell claims and disregards conclusory statements in the pleading. … Moving Defendants further argue that Defendant Lewis is immune because the Illinois Tort Immunity Act establishes immunity for damages arising from lawful entry onto land. (R. 49, Defs.’ Mem. at 8.)

Andras v. Department of Revenue

154 Ill. App. 3d 37 · Appellate Court of Illinois · Mar 31, 1987

Two landmark decisions of the Supreme Court established that the constitution necessarily immunizes the Federal government (McCulloch v. Maryland (1819), 17 U.S. (4 Wheat.) 316 , 4 L. … In addition, all of the sample agreements clearly set a specific rate of interest.

Sylvester v. Chicago Park District

Illinois Supreme Court · Dec 4, 1997

The Park District alleged that its pregame traffic control and parking lot setup routine around Soldier Field qualified as an "inspection system" under section 3-- 102(b). … The court stated that even if it were to take judicial notice of the location of Burnham Park, the Park District still failed to carry its burden of establishing a section 3--106 affirmative defense.

Pesticide Public Policy Foundation v. Village of Wauconda

622 F. Supp. 423 · District Court, N.D. Illinois · Aug 19, 1985

City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980), so held with regard to the qualified immunity of municipal officers for their executive acts, and we cannot see why there should be a different … result here just because these officers’ immunity is absolute rather than qualified.

Israel S. by Owens v. BD. OF EDUC.

235 Ill. App. 3d 652 · Appellate Court of Illinois · Sep 25, 1992

who is qualified to provide information regarding parental incapacity or extreme hardship.” … She established her blood relationship with the plaintiff.

Zdeb v. Baxter International, Inc.

297 Ill. App. 3d 622 · Appellate Court of Illinois · Jun 26, 1998

The marketplace for disposable infusers is well established and profitable. … If Baxter concludes that the complaint establishes a qualified privilege, a denial of the allegation negating justification is all that is required of it.

American Bonded Warehouse Corp. v. Compagnie Nationale Air France

653 F. Supp. 861 · District Court, N.D. Illinois · Feb 17, 1987

Initially, defendants argue they are entitled to immunity from suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1330 et seq. (“FSIA”). … Such allegations clearly set forth a cause of action based on commercial activity conducted by the defendants. Therefore, defendants are not entitled to jurisdictional immunity under the FSIA.

Lanphier v. Gilster-Mary Lee Corp.

327 Ill. App. 3d 801 · Appellate Court of Illinois · Feb 21, 2002

Once a borrowed employment relationship exists, both employers share immunity for tort damages for an employee’s work-related injuries and the employee’s exclusive remedy is under the Act. … The court determined that the purpose of defining “loaning employer” in the Workers’ Compensation Act was to establish the secondary liability of the loaning employer and to reheve the employee from having to establish the

Neal v. Yang

352 Ill. App. 3d 820 · Appellate Court of Illinois · Sep 30, 2004

Because these facts established that no genuine issue of material fact existed as to whether the defendant had prior notice of the injury or illness, the court was required to find that the Act did not immunize the defendant … in hospitals is not granted such immunity.

Mosley v. Klincar

711 F. Supp. 463 · District Court, N.D. Illinois · Apr 20, 1989

To determine whether a particular task qualifies as a quasi-judicial function entitled to absolute immunity, a court must analyze three factors: (1) the historical basis for the immunity in question; (2) the risk that the … First of all, the historical rationale underlying absolute immunity supports the prosecutors’ claim of immunity from Mosley’s lawsuit.

Brown v. Cook County Forest Preserve

284 Ill. App. 3d 1098 · Appellate Court of Illinois · Nov 8, 1996

The trial court entered summary judgment in favor of the Forest Preserve, noting the absolute immunity provided by section 3 — 107(a) and section 3 — 107(b) of the Local Governmental and Governmental Employees Tort Immunity … To the contrary, the record establishes clearly that the area where Brown fell was not the type of developed property that was at issue in Goodwin.

Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

2014 IL App (1st) 123654 · Appellate Court of Illinois · Aug 7, 2014

provided by the Tort Immunity Act. … The City moved to dismiss both because it was time-barred and because section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act immunizes it from liability for libel and slander.

People v. Dimond

54 Ill. App. 3d 146 · Appellate Court of Illinois · Nov 4, 1977

In cross-examination, defense counsel was allowed to establish that Ferrin had been charged with the same offense for which defendant was on trial. … In view of the record of guilt in this case and the fact that Ferrin was clearly shown to have been offered immunity in his testimony, the limitation of the cross examination of Ferrin, in any event, would not justify a reversal

Christiansen v. Masse

279 Ill. App. 3d 162 · Appellate Court of Illinois · Apr 8, 1996

The Court of Claims Act establishes a Court of Claims, which has exclusive jurisdiction to hear and determine, inter alia, "[a]ll claims against the State for damages in cases sounding in tort, if a like cause of action would … Finally, plaintiff’s statement that "it has been repeatedly held in Illinois that a police officer who is transporting a prisoner is not enforcing or executing any law, so as to qualify for immunity” is misleading.

Richard Hoffman Corp. v. Integrated Building Systems Inc.

581 F. Supp. 367 · District Court, N.D. Illinois · Feb 15, 1984

Real Estate Board of New Orleans, Inc., 444 U.S. 232 , 100 S.Ct. 502 , 62 L.Ed.2d 441 (1980), the Supreme Court addressed the pleading requirements to establish an interstate commerce nexus: [t]o establish the jurisdictional … Hoffman contends that the Village has not acted pursuant to a clearly articulated and affirmatively expressed state policy and therefore is not entitled to antitrust immunity.