Case law

Estate of DeBow v. City of East St. Louis

228 Ill. App. 3d 437 · Appellate Court of Illinois · May 4, 1992

immunity and the ordinance in question did, in fact, seek to establish sovereign immunity even though it restricted only the manner in which a judgment against the city may be collected. … It is a well established principle of statutory construction that where the same words appear more than once in a statute, they should be given a consistent meaning unless legislative intent to the contrary is clearly expressed

Cadena v. Chicago Fireworks Manufacturing Co.

Appellate Court of Illinois · Jun 30, 1998

Therefore, the City of Chicago Heights is immune from liability for failure to provide adequate police protection or service. 5--102 establishes immunity from liability from the Chicago Heights Fire Department or failure … , as such a reading to include those kinds of activities would tend to swallow the exception to the general rule of liability established by the Tort Immunity Act, and thereby render the entire provision effectively meaningless

Willis v. Khatkhate

373 Ill. App. 3d 495 · Appellate Court of Illinois · Apr 27, 2007

Plaintiff contends that the allegations in her complaint and the evidence contained in the supporting documents establish that Dr. … Plaintiff contends that this establishes a negligent treatment scenario, which is not immunized as stated under subsections 6 — 106(b), (c), and (d) of the Tort Immunity Act. 745 ILCS 10/6 — 106(b), (c), (d) (West 1998).

Vilardo v. Barrington Community School District 220

Appellate Court of Illinois · Dec 20, 2010

"The well-established rule is that mere contentions, without argument or citation of authority, do not merit consideration on appeal." People v. Hood, 210 Ill. App. 3d 743, 746 (1991). … In this case, the trial court concluded that plaintiff pleaded sufficient facts to establish a duty under section 3--102(a) for defendant to protect plaintiff.

Ury v. Santee

303 F. Supp. 119 · District Court, N.D. Illinois · Aug 25, 1969

42 U.S.C. § 1983 , provides that every person who, under color of any statute or ordinance of any State, subjects or causes to be subjected any citizen of the United States to the deprivation of any rights, privileges or immunities … The rights, privileges and immunities encompassed by 42 U.S.C. § 1983 , include the right to equal protection of the laws as well as the right to due process of law. 1 5.

Courson v. Danville School District No. 118

Appellate Court of Illinois · Dec 18, 1998

Those cases are different from this one because they clearly involved the making of a choice, a policy choice, and not mere inad­ver­tence. … It is sufficient to note that the District is not entitled to summary judgment, because it has not established that the failure to provide the saw guard was a discretionary act. Reversed and remanded.

O'Malley v. Village of Palos Park

346 Ill. App. 3d 567 · Appellate Court of Illinois · Feb 23, 2004

These employees held “Computer Operator I” positions at Cook County Hospital and they were hired before the examination requirement was established. … The minutes of the November 10, 1997, Village Board meeting clearly establish that the Board approved the development plan “subject to the confirmation that the 1994 extension to the annexation agreement was in order.”

American Federation of State, County & Municipal Employees, Council 31 v. Ryan

347 Ill. App. 3d 732 · Appellate Court of Illinois · Apr 6, 2004

Sovereign Immunity The defendants’ final contention is that the instant action is barred by sovereign immunity. We find no merit to this contention. … Sovereign immunity does not bar this action. III.

Escamilla v. Halloran

District Court, N.D. Illinois · Jul 25, 2025

Typically, dismissing a motion on qualified immunity grounds is “premature”; that said, “qualified immunity issues should be resolved as soon as possible, which is sometimes at the pleading stage.” Serrano v. … According to the ASA defendants, they are entitled to qualified immunity on the failure to intervene claim “because there was no clearly established duty for prosecutors to intervene in the misconduct of police

Vincent v. Dept. of Human Services

392 Ill. App. 3d 88 · Appellate Court of Illinois · Jun 18, 2009

Congress further provided that the rule applies “whether or not the medicaid qualifying trust is irrevocable or is established for purposes other than to enable a grantor to qualify for medical assistance *** or *** whether … Given these facts, we cannot say that the Department’s finding that the invoice was not “exclusively for a reason other than to qualify for assistance” was clearly erroneous.

Erickson v. Aetna Life & Casualty Co.

127 Ill. App. 3d 753 · Appellate Court of Illinois · Sep 24, 1984

If the statement has relatively less weight from a social point of view, then immunity is a qualified immunity. … A qualified immunity, unlike an absolute immunity, is conditioned upon publication in a reasonable manner and for a proper purpose. (Prosser, Torts sec. 115, at 786 (4th ed. 1971).)

Huckleby v. Stewart

District Court, N.D. Illinois · Jul 30, 2025

The defendants also argue that they are entitled to qualified immunity on Huckleby’s claims. (R. 9 at 4.) Qualified immunity does not extend to state law claims, Jain v. Bd. of Educ. of Butler School Dist. 53, 366 F. … “[D]ismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well- pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.

Americana Nursing Centers, Inc. v. Weinberger

387 F. Supp. 1116 · District Court, S.D. Illinois · Jan 30, 1975

Plaintiffs are providers of skilled nursing services qualified under 42 U.S.C. § 1395x(j). … Where agency action is challenged on due process grounds, it is “immune from judicial review, if ever, only by the plainest manifestation of congressional intent to that effect.” Gonzalez v.

Swett v. Village of Algonquin

169 Ill. App. 3d 78 · Appellate Court of Illinois · May 3, 1988

Act (the Tort Immunity Act) (Ill. … The village contends the plaintiffs’ complaint fails to establish a duty owed by it under either the common law, the Tort Immunity Act, or the Illinois Highway Code.

Rubloff Development Group, Inc. v. Supervalu, Inc.

863 F. Supp. 2d 732 · District Court, N.D. Illinois · Mar 27, 2012

But Prince I and Prince II dealt with a different matter: a privilege of qualified immunity for submissions made to the court in existing lawsuits when those matters are relevant to the pending proceeding. … Pecaut, 561 F.Supp. 1037, 1038 (N.D.Ill.1983)) (dealing with qualified immunity for the contents of a letter sent to a judge in a custody proceeding).

Wilkerson v. County of Cook

Appellate Court of Illinois · Feb 25, 2008

Immunity Act. … Newsome's Pap smear slides could be present in cancerous, precancerous or normal conditions, she clearly testified that she never suspected a cancerous or precancerous condition.

Dawson v. New York Life Insurance

901 F. Supp. 1362 · District Court, N.D. Illinois · Sep 29, 1995

Qualified privilege is an affirmative defense to a defamation claim. … LEXIS 12539, No. 91 C 4380 at *15 (August 19, 1992) (“As with attorney-client privilege, the party asserting work product immunity has the burden of establishing eligibility for protection.”). I.

Nichols v. City of Chicago Heights

2015 IL App (1st) 122994 · Appellate Court of Illinois · Jun 9, 2015

Act rendered the City immune from plaintiffs’ claims, and because plaintiffs’ negligence claims under the theory of res ipsa loquitur failed where indisputable facts established that the city was not in exclusive … Immunity Act.”

Shores v. Senior Manor Nursing Center, Inc.

164 Ill. App. 3d 503 · Appellate Court of Illinois · Jan 6, 1988

Thus, plaintiff has invoked a clearly mandated public policy. … Because this section broadly, states that immunity is provided to anyone participating in the making of “a report,” it would appear to provide immunity to those who report to a facility administrator even though a report

Country Mutual Insurance Co. v. Teachers Insurance Co.

312 Ill. App. 3d 566 · Appellate Court of Illinois · Apr 4, 2000

(West 1998)) and the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2 — 301 (West 1998)) 1 to indemnify and defend the lawsuit brought against Chapman and that this remains … In the absence of any statutory language qualifying that mandate, the statute must be construed to require primary coverage.” State Farm, 182 Ill. 2d at 246 .