Case law

Ries v. City of Chicago

396 Ill. App. 3d 418 · Appellate Court of Illinois · Nov 25, 2009

law is an established exception to the immunities granted by the Act. … and wanton conduct is an established exception to immunity protection provided by the Act.

In Re Aircrash Disaster Near Roselawn, Indiana on October 31, 1994

909 F. Supp. 1083 · District Court, N.D. Illinois · Nov 17, 1995

Second, the legislative *1104 history underlying section 1441(d) seems clearly to confirm such an intent ... 36 F.3d at 1282 n. 17. … The instrumentality is typically established as a separate juridical entity, with the powers to hold and sell property and to sue and be sued.

Held v. Decatur Memorial Hospital

16 F. Supp. 2d 975 · District Court, C.D. Illinois · Aug 10, 1998

The burden of establishing the contrary rests upon the party asserting jurisdiction. Kokkonen, 511 U.S. at 377 , 114 S.Ct. 1673 . Plaintiff contends that this court has jurisdiction based upon the Act. … The Act provides statutory immunity from damage liability for those persons engaged in qualified professional peer review. 42 U.S.C. §§ 11111 (a), 11112(a); Addis, 88 F.3d at 485 .

Doyle v. Rhodes

101 Ill. 2d 1 · Illinois Supreme Court · Jan 20, 1984

This establishes to our satisfaction that the intent of the contribution statute was .to reach anyone who is culpable regardless of whether they have been immunized from a direct tort action by some special defense or privilege … The potential for tort liability exists until the defense is established.

Williams v. Dart

District Court, N.D. Illinois · Feb 3, 2025

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Renfro, 46 F.4th 631, 636 (7th Cir. 2022) (upholding denial of qualified immunity when material disputes of fact existed surrounding the violation of a clearly established right); Gonzalez v.

Kawaguchi v. Gainer

Appellate Court of Illinois · Sep 16, 2005

(footnote: 3) Effinger did not say Trooper Gainer was driving something other than a clearly marked police car. Trooper Gainer was apparently injured in the accident. … Moreover, here, unlike in Currie , the undisputed evidence establishes that Trooper Gainer was responding to an emergency.

Rutan v. Republican Party of Illinois

641 F. Supp. 249 · District Court, C.D. Illinois · Jul 11, 1986

Clearly, the plaintiffs’ allegations fail to state a cause of action regarding a violation of the Guarantee Clause. … In Pennhurst, the Supreme Court held that the Eleventh Amendment bars a suit by a citizen against a state without a state’s consent or Congressional abrogation of the state’s immunity.

Anderson

District Court, S.D. Illinois · Mar 13, 2026

Qualified Immunity Lang and Crain also argue that they are entitled to qualified immunity. (See Doc. 56, pp. 11–12). … right alleged to have been violated was clearly established.”

President Lincoln Hotel Venture v. Bank One

208 Ill. Dec. 376 · Appellate Court of Illinois · Oct 3, 1994

The State of Illinois established the Mortgage Program in 1982 when, through its Treasurer, the State entered into a purchase agreement, trust indenture and servicing agreement (Program Trust Agreement) with American National … Thus, it is clearly within Treasurer Quinn’s granted authority to direct Bank One to declare a default even if his actions may ultimately be found to be in violation of the second restructuring agreement.

Lundblade v. Franzen

631 F. Supp. 214 · District Court, N.D. Illinois · Mar 19, 1986

Thus, absolute, rather than qualified, immunity is the proper standard for the defendants in this ease and plaintiff’s claims are barred. … Parole is clearly a form of "custody". People ex rel. Johnson v. Pate, 47 Ill.2d 172 , 265 N.E.2d 144, 146 (1970). 3 .

Rooding v. Peters

864 F. Supp. 732 · District Court, N.D. Illinois · Aug 17, 1994

As to Rooding’s request for money damages, Peters contends he is protected by qualified immunity. … Therefore, qualified immunity does not protect Peters from Rooding’s claim for money damages. However, Rooding’s claim for money damages cannot include prisoners.

Mink v. University of Chicago

460 F. Supp. 713 · District Court, N.D. Illinois · Oct 13, 1978

Had the drug been administered by means of a hypodermic needle, the element of physical contact would clearly be sufficient. … Charitable Immunity The University of Chicago claims it is immune under the doctrine of charitable immunity from any actionable claims stated by plaintiffs.

United States v. Rice

421 F. Supp. 871 · District Court, E.D. Illinois · Oct 14, 1976

The possibility of such use, and the impossibility of clearly showing that the use did not occur calls for the holding in this case that the defendants were denied the constitutional protection that their silence would have … There was other testimony by which the defendant attempted to establish his position; however, close examination of this testimony fails to set forth any specific dates which must be established if the defendant is to prevail

Country Mutual Insurance v. Teachers Insurance

195 Ill. 2d 322 · Illinois Supreme Court · Mar 22, 2001

Teachers, in its motion for summary judgment, argued that: (1) Country Mutual is obligated to indemnify Chapman pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … 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 .

Monat v. County of Cook

Appellate Court of Illinois · May 14, 2001

The court grounded its judgment on findings that Monat would need to violate the Forest Preserve Code to take his horses into the nearby forest, and that the "general consensus of the neighborhood is clearly against the idea … Due to defendant s' tort immunity, Monat has no remedy at law.

Bodimetric Health Services, Inc. v. Aetna Life & Casualty

706 F. Supp. 619 · District Court, N.D. Illinois · Feb 9, 1989

Plaintiffs’ allegations Plaintiff BHS was the owner of a chain of home health agencies qualified to provide services under the Medicare program. … Plaintiffs must also rely on the denial of an entitlement under the Act to establish the injury required by standing doctrine.

Komutanon v. Coler

702 F. Supp. 1406 · District Court, N.D. Illinois · Dec 29, 1988

The qualified immunity defendant alleges is not a jurisdictional bar, but rather an affirmative defense. Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727, 2736 , 73 L.Ed.2d 396 (1982). … The court need only find, as it does, that the issues of Illiois law raised are not clearly settled, and that if plaintiff prevails in the Circuit Court of Cook County on the questions of Illinois law, he may well receive

Bass v. Sgt. A. Dakuras

District Court, N.D. Illinois · Aug 29, 2023

Dakuras is protected by qualified immunity unless he violated clearly established law. Taylor, 10 F.4th at 806. … Because Dakuras did not violate clearly established law, he is entitled to qualified immunity on Bass’s excessive force claim.

Cinkus v. Village of Stickney Municipal Officers Electoral Board

228 Ill. 2d 200 · Illinois Supreme Court · Apr 23, 2008

Cinkus asked the Board to grant his motion to dismiss “for failure of the Objector [Esposito] to establish a prima facie case.” … Another dictionary sets forth both meanings more simply: “Fit and proper to be selected ***; legally qualified for an office.”

Wright-Young v. Chicago State University

2019 IL App (1st) 181073 · Appellate Court of Illinois · Sep 27, 2019

Qualified Immunity ¶ 82 In the trial court, the Board also asserted qualified immunities—under sections 3-108 25 No. 1-18-1073 (745 ILCS 10/3-108 (West 2012) (providing … qualified immunity for the supervision of an activity or use of any public property)) and 3-106 (id. § 3-106 (West 2012) (qualified immunity for injuries caused by a condition of any public property used or intended to