Case law

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.”

Patterson v. Leyden

947 F. Supp. 1211 · District Court, N.D. Illinois · Nov 4, 1996

LaHue, 460 U.S. 325 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983), held that witnesses have absolute immunity for giving perjured testimony at a criminal trial, and the Seventh Circuit has extended absolute immunity to witnesses … Protecting police officers from liability for the consequences of “honest and reasonable mistakes” is a legitimate concern, but the common-law bar by conviction is absolute, not a qualified immunity that looks to *1217 the

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 .

Henry County Board v. Village of Orion

278 Ill. App. 3d 1058 · Appellate Court of Illinois · Mar 29, 1996

The decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper result. … We find the record does not support that Orion established obsolete platting.

Matter of Trader Roe

720 F. Supp. 645 · District Court, N.D. Illinois · Aug 14, 1989

Such a proposition is clearly inconsistent with Fisher and Doe . … Clearly, the affidavit of the FBI agent is insufficient to establish that the government has anything more than a generalized knowledge of the nature of the category of documents it seeks to obtain.

Barnet v. Ministry Sports of the Hellenic Republic

391 F. Supp. 3d 291 · District Court, S.D. Illinois · Jun 21, 2019

to Defendant's sovereign immunity. … As a result, Defendant is not immune from suit. 1. The Commercial Exception to the Foreign Sovereign Immunities Act "The FSIA provides the sole basis for obtaining jurisdiction over a foreign state in federal court."

Leonardi v. Chicago Transit Authority

341 Ill. App. 3d 1038 · Appellate Court of Illinois · Jun 30, 2003

She cites section 3 — 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act of Act) (745 ILCS 10/3— 102(a) (West 2000)). … To qualify as a lease contract, “there must be agreement as to the extent and bounds of the property, the rental price and time and manner of payment, and the term of the lease.” Ceres Illinois, Inc. v.

Magalis v. Adams

879 F. Supp. 2d 976 · District Court, C.D. Illinois · Jul 16, 2012

This court further notes that Defendants have claimed that they are entitled to qualified immunity concerning Plaintiffs First Amendment claim. … Plaintiff has countered that qualified immunity does not apply in this case because he has sought injunctive relief (although apparently only as to Defendant Adams).

Riordan v. City of Joliet

3 F. Supp. 2d 887 · District Court, N.D. Illinois · Apr 24, 1998

, limit immunity to discretionary acts (Epstein v. … But both a quick look at the clearly irrelevant Section 4-104 and a reference back to Joliet Defendants’ earlier filings confirm that Section 4-102 is the right one.

Walker v. Cronin

165 Ill. App. 3d 846 · Appellate Court of Illinois · Dec 31, 1987

Section 2 — 1303’s term “other governmental entity” is in no way qualified. Public Act 80 — 722, however, is limited by its terms to local governmental entities. (See City of Springfield v. … Thus the State has waived its immunity in this instance by legislative act.

Gresham v. Kirby

229 Ill. App. 3d 952 · Appellate Court of Illinois · Jun 11, 1992

from liability under section 3 — 104 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (Ill. … The agreement clearly obligated the Town to construct the improvements according to the plans, but nothing in the language gave the Town the authority to erect traffic control devices at the intersection of College Avenue

Jackson v. DeTella

998 F. Supp. 901 · District Court, N.D. Illinois · Mar 16, 1998

. § 1997e(a), (Mot.Dismiss, p. 2), and (2) that Defendants are entitled to qualified immunity because they “performed discretionary functions” (MotDismiss, p. 4). … With respect to Defendants’ second argument, they cannot find refuge in qualified immunity.

Ramos v. Waukegan Community Unit School District No. 60

188 Ill. App. 3d 1031 · Appellate Court of Illinois · Oct 2, 1989

Tort Immunity Act. … We decline to follow Brock as there is clearly a distinction between a complaint which alleges negligence by a teacher in the supervision of a student and one which alleges negligence of a property owner in the maintenance

Acevedo v. Cook County Sheriff's Merit Board

2019 IL App (1st) 181128 · Appellate Court of Illinois · Aug 12, 2019

Acevedo also argued that the Tort Immunity Act did not bar his current claims because the void decision of the Board could be attacked at any time, his claims did not sound in tort, and the Tort Immunity Act … The complaint should be dismissed only if it is clearly apparent that the plaintiff can prove no set of facts that would entitle him to relief. Id. at 349.

Meer v. Graham

611 F. Supp. 2d 815 · District Court, N.D. Illinois · Apr 29, 2009

The individual defendants also assert that they are entitled to qualified immunity on counts I, II, and IV. … The individual defendants also assert that they are entitled to qualified immunity on these counts. Meer does not respond.

Christen v. County of Winnebago

34 Ill. 2d 617 · Illinois Supreme Court · Jun 16, 1966

the findings of the General Assembly as to the need for improved facilities for governmental operations generally, and the reports of the Judicial Conference committees with respect to courtrooms and related facilities, clearly … establish a critical need for improved facilities in most of the 102 counties in the State, they do not establish that the need is any greater in the counties included within the statutory limits than in other counties.

Maldonado v. Metra

743 F. Supp. 563 · District Court, N.D. Illinois · Aug 1, 1990

Plaintiff’s claim of a cause of action for retaliatory discharge under § 1981 is clearly not actionable in light of Patterson v. McLean Credit Union, — U.S. -, 109 S.Ct. 2363 , 105 L.Ed.2d 132 (1989). … This element is the equivalent of the "qualified for the job” factor enunciated in McDonnell Douglas, 411 U.S. at 802 , 93 S.Ct. at 1824 .

Doe Ex Rel. Ortega-Prion v. BD. OF EDUC.

339 Ill. App. 3d 848 · Appellate Court of Illinois · Jun 13, 2003

Regarding section 2-615, the Board argued that plaintiff had failed to allege facts sufficient to establish willful and wanton *1287 misconduct. … 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

Bridgewater v. Hotz

51 Ill. 2d 103 · Illinois Supreme Court · Mar 30, 1972

Section 7 — 1.01 of the Election Code provides that in any county that has been divided into county board districts in accordance with the County Board Act, the county board may, by resolution, provide that established political … Sound rules of construction require that in those instances in which this court, prior to the adoption of the constitution of 1970, has defined a term found therein, that it be given the same definition, unless it is clearly