Case law

Stehlik v. Village of Orland Park

359 Ill. Dec. 107 · Appellate Court of Illinois · Feb 17, 2012

. ¶ 23 However, several cases have recognized ordinary or routine police activities do not qualify as enforcement or execution of the law under section 2-202 of the Act. … merely cruising around in his car"—an activity not subjected to immunity.

Copes v. Northeast Illinois Regional Commuter Railroad Corporation

2015 IL App (1st) 150432 · Appellate Court of Illinois · Feb 23, 2016

The rules applicable to this task are well-established, and were recently outlined in Hendricks v. … The plain language of section 5.03 clearly differentiates between the Authority and transportation agencies such as NIRCRC, both in the initial immunity provision and in the second paragraph containing the statute

Local 3236 of the Illinois Federation of State Office Educators v. Illinois State Board of Education

121 Ill. App. 3d 160 · Appellate Court of Illinois · Jan 13, 1984

Thus, plaintiffs seek to bring this action within the above-noted exceptions by placing the label “legal duty” on what is clearly a contractual obligation arising from the agreement, asserting that there is no difference … However, we need not decide here what precise powers are vested in the Illinois Court of Claims regarding contracts, for underlying plaintiffs’ arguments is the erroneous assumption that jurisdiction in this case may be established

Grandalski v. Lyons Township HS Dist. 204

Appellate Court of Illinois · Apr 26, 1999

665 N.E.2d at 815 ), the court first explained that "[s]ection 2--202 is not a general exception to all of the other immunities established by the Tort Immunity Act." … Section 2-201 of the Tort Immunity Act It is well established that the School Code and the Tort Immunity Act are to be interpreted independently of each other. Bowers v.

Gallagher v. Union Square Condominium Homeowner's Ass'n

397 Ill. App. 3d 1037 · Appellate Court of Illinois · Jan 27, 2010

We conclude that the plain language of the Act does not provide immunity for injuries sustained on driveways. … Nor did it establish a test for determining whether surfaces not encompassed in the plain meaning of the term “sidewalk” nevertheless constitute a sidewalk for purposes of the Act.

Chapman v. Burton Berger & Associates, Ltd.

159 B.R. 812 · District Court, N.D. Illinois · Sep 16, 1993

Judge Smith is of course cloaked with absolute immunity for his judicial actions, a principle established well over a century ago in Bradley v. … to reflect that the "merits" of the case really do not matter once judicial immunity is established. 4 .

Tyson Foods, Inc. v. Department of Revenue

Appellate Court of Illinois · Feb 8, 2000

The de minimis activities of an out-of-state corporation would not cause the corporation to lose its tax immunity unless those activities established "a nontrivial additional connection with the taxing State." … Bajorski , 635 A.2d 771 (Conn. 1993), did the act of qualifying to do business in a state result in the corporation acquiring a physical presence in the State.

Fitt v. City of Mattoon

215 Ill. App. 3d 472 · Appellate Court of Illinois · Jun 26, 1991

— 104 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act (Immunity Act) (Ill. … Moreover, defendants, who clearly controlled County Road 400 to the east and west of the intersection, had a duty to warn of hazards at the intersection by posting warning signs on County Road 400 pursuant to section 11 —

Alonso v. Weiss

98 F. Supp. 3d 956 · District Court, N.D. Illinois · Jun 10, 2015

Count III In count III, plaintiffs allege that Weiss breached her fiduciary duties in failing to hire a qualified investment advisor. … Although it is difficult to imagine that these circumstances could ever be demonstrated to be a breach of fiduciary duty, Weiss has not established that she is entitled to qualified judicial immunity on Count IX. 5.

Murry Ex Rel. the Estate of Hill v. Sheahan

991 F. Supp. 1052 · District Court, N.D. Illinois · Jan 23, 1998

Act (“Tort Immunity Act”), 745 ILCS 10/8-101. … Although Plaintiffs clearly argued the Cleaver case to the presiding judge and the Cleaver case clearly supported the presiding judge’s ultimate ruling, the presiding judge did not explicitly rely on Cleaver in ruling on

United States v. All Assets & Equipment of West Side Building Corp.

843 F. Supp. 377 · District Court, N.D. Illinois · Feb 2, 1994

The Government’s position that probable cause was established was clearly set forth in its memorandum in support of its motion, yet nowhere in Penny’s response did she raise any challenge to probable cause. … These activities clearly fit within the “facilitation” definition and the affidavit — uncontroverted by Penny even at this late date, four years after this case was filed — establishes that there exists “a probability or

Starks v. Shaw

2023 IL App (4th) 220748-U · Appellate Court of Illinois · Jun 21, 2023

¶ 64 “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … For a right to be “clearly established” within the context of qualified immunity, it must be sufficiently clear that a - 21 - reasonable official would understand what

Hernandez v. Kirksey

306 Ill. App. 3d 912 · Appellate Court of Illinois · Jul 19, 1999

Section 4 — 102 of the Tort Immunity Act provides in pertinent part: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service … App. 3d 639, 642 , 606 N.E.2d 273 (1992) (“reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented”).

Broadnax v. ABF Freight Systems, Inc.

169 F.R.D. 628 · District Court, N.D. Illinois · Dec 13, 1996

The moving party has the burden of establishing that the transferee forum is clearly more convenient. Black and Decker Corp. v. Vermont American Corp., 915 F.Supp. 933, 937 (N.D.Ill.1995). … Defendant has not established that the Middle District of North Carolina would be “clearly more convenient” for witnesses than this district. 3.

Delgado v. City of Chicago

District Court, N.D. Illinois · Dec 17, 2024

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … As the Seventh Circuit has explained: [A] right is clearly established for qualified immunity purposes if its contours were sufficiently definite that any reasonable

Krueger v. Lewis

359 Ill. App. 3d 515 · Appellate Court of Illinois · Aug 4, 2005

Defendant charged that plaintiff, “in her capacity as a Village Trustee, *** had accepted a bribe to establish a [tax increment financing] district in the Village of Lyons, and that [p]laintiff was pocketing money from developers … Accordingly, we reject plaintiffs argument that a witness must be under oath to qualify for this privilege.

Village of Bloomingdale v. CDG Enterprises, Inc.

196 Ill. 2d 484 · Illinois Supreme Court · Jun 21, 2001

CDG’s Counterclaim in Tort This court has already established a significant line of precedent regarding the existence of common law exceptions to immunities granted by the Act. … Clearly, the legislature did not intend to grant an empty immunity to local public entities when they denied “permits” such as zoning petitions. See State Farm Fire & Casualty Co. v.

Ostergren v. Forest Preserve District of Will County

104 Ill. 2d 128 · Illinois Supreme Court · Oct 19, 1984

This court ruled that the park district was immune from liability for injuries in the park due to the legislative enactment governing governmental immunity. … This clearly does not encompass snowmobiles, which are inherently dangerous instrumentalities.

Prostran v. City of Chicago

285 Ill. Dec. 123 · Appellate Court of Illinois · Jun 11, 2004

We disagree that this circumstance qualifies under the “distraction” exception to the open and obvious rule. … Ide did not consider immunity under section 3 — 104 of the Tort Immunity Act.

Leith v. Lufthansa German Airlines

793 F. Supp. 808 · District Court, N.D. Illinois · May 22, 1992

Plaintiffs argue, in essence, that even if we find that LGA qualifies as a foreign state, Kieca, as a low-level employee, does not also qualify. … Once jurisdiction over the main claim is established, the statute mandates that the “district court shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original