Case law

Schultz v. St. Clair County

2020 IL App (5th) 190256 · Appellate Court of Illinois · Dec 9, 2020

” ¶ 11 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection … Clearly, a 9-1-1 system cannot meet the needs of the communities it serves if its operators must rely on distressed callers to provide them with exact street addresses.

McCraven v. City of Chicago

109 F. Supp. 2d 935 · District Court, N.D. Illinois · Aug 11, 2000

Because he was not qualified for the position of probationary police officer with the CPD, Plaintiff fails to establish the second and third elements of his prima facie case. … Given the Court's ruling that summary judgment is warranted, it need not address Defendants' after acquired evidence or qualified immunity arguments.

Watson v. Cain

846 F. Supp. 621 · District Court, N.D. Illinois · May 4, 1993

Whether an official is protected by qualified immunity turns upon the objective *632 legal reasonableness of the action, in light of legal rules clearly established at the time the action was taken. … Defendants’ interference with Watson’s privileged legal mail thus violated clearly established constitutional law. Accordingly, the court finds that defendants are not entitled to qualified immunity in this ease.

Guerrero v. Piotrowski

67 F. Supp. 3d 963 · District Court, N.D. Illinois · Sep 16, 2014

F.3d at 828 , nor need the Court address whether Defendant is entitled to qualified immunity. … Dist., 295 F.3d 701 , 714 n. 14 (7th Cir.2002) (not addressing qualified immunity because complaint did not state a constitutional violation).

Clark v. City of Chicago

595 F. Supp. 482 · District Court, N.D. Illinois · Sep 5, 1984

03 , 31 Ill.Dec. 914, 919-20 , 394 N.E.2d 1291, 1296-97 (1st Dist.1979) (conduct amounting to a “constitutional tort,” though defendant escaped liability because it had been neither knowing nor malicious in violating any clearly-established … That provision does not afford qualified immunity from liability for all acts or omissions of a public employee while on duty, but only for those connected with the actual execution or enforcement of a law. Arnolt v.

Hernandez v. Lifeline Ambulance, LLC

450 Ill. Dec. 131 · Illinois Supreme Court · Jun 18, 2020

However, even assuming the plain language of the EMS Act is not sufficiently clear to immunize defendants, my conclusion is confirmed by the broad construction of the EMS Act’s immunity provision established … - 26 - ¶ 98 Thus, our case law has established that, absent willful and wanton misconduct, the EMS Act provides immunity for acts and omissions that occur

Allendate Mutual Insurance v. Bull Data Sys., Inc.

145 F.R.D. 84 · District Court, N.D. Illinois · Nov 10, 1992

Accordingly, even if litigation is imminent, there is no work product immunity for documents prepared in the ordinary course of business rather than for litigation purposes. … That is to say, the mere fact that a discovery opponent anticipates litigation does not qualify an “in-house” document as work product. Janicker v. George Washington University, 94 F.R.D. 648, 650 (D.C.D.C.1982).

Jimenez v. Department of Financial & Professional Regulation

2020 IL App (1st) 192248 · Appellate Court of Illinois · Dec 28, 2020

The sole issue in that case was whether the absolute immunity provided by one statute or the limited immunity provided by a different statute applied to the claims. Id. … There was a clear conflict among the statutory provisions as both immunities could not apply.

Lombard Public Facilities Corporation v. Department of Revenue

Appellate Court of Illinois · Jan 9, 2008

Act (Tort Immunity Act) (745 ILCS 10/1--101.1 (West 2000)). … The burden to prove entitlement to the governmental body exemption was on LPFC, and -19- No. 2--06--0520 it did not clearly establish that section 2--5(11) of the Retailers

Kobylanski v. Chicago Board of Education

63 Ill. 2d 165 · Illinois Supreme Court · Mar 29, 1976

There is no contention made that the evidence presented at trial was sufficient to establish wilful and wanton misconduct. … The principle is firmly established that classifications designed to confer immunity on a local governmental entity must be based, not on the nature of the entity, but on the type of activity or function involved.

Alvernest Mills v. County of Winnebago

104 Ill. App. 2d 366 · Appellate Court of Illinois · Jan 13, 1969

, clearly evidences, not only their knowledge of the existing statute, but their intent with relation to acts of sheriffs and their deputies in the performance of their duties. … O’Connor, 19 Ill2d 337, 340, 167 NE2d 188 (1960), still the General Assembly has the right to enact legislation establishing total immunity or partial immunity if it does so within the framework of our Constitution.

Leetaru v. The Board of Trustees of the University of Illinois

2015 IL 117485 · Illinois Supreme Court · Jul 1, 2015

That is something they clearly have authority to do in furtherance of the University’s educational mission. … Immunity from suit in the circuit courts is established by the Immunity Act, not the Court of Claims Act. See, e.g., Brandon v. Bonell, 368 Ill.

Kitchen v. Burge

781 F. Supp. 2d 721 · District Court, N.D. Illinois · Apr 19, 2011

Even if Lukanich and Eannace were not entitled to absolute immunity for their conduct during this period, they would be entitled to qualified immunity. … The qualified immunity inquiry asks two questions: whether the plaintiffs allegations make out a deprivation of a constitutional right, and whether the right was clearly established at the time of defendant’s alleged misconduct

Prough v. Madison County

984 N.E.2d 1177 · Appellate Court of Illinois · Feb 25, 2013

The Tort Immunity Act does not establish any new duties for governmental entities but “merely codifies those duties existing at common law, to which the subsequently delineated immunities apply.” … The plain language of sections 4-102 and 4-107 of the Tort Immunity Act (745 ILCS 10/4-102, 4-107 (West 2010)) clearly apply here to immunize the defendants for these alleged failures.

Sellers v. Rudert

395 Ill. App. 3d 1041 · Appellate Court of Illinois · Nov 20, 2009

Clearly, no state employee possesses the authority to commit a tort. Jackson, 358 Ill. App. 3d at 561, 831 N.E.2d at 1164. … In section 1 of the act, the legislature declares (1) athletic training "affects the public health, welfare, and safety and its regulation and control [are] in the public interest" and (2) "only qualified persons [are]

Evain v. Conlisk

364 F. Supp. 1188 · District Court, N.D. Illinois · Jul 13, 1973

This Court has recently considered the doctrine of municipal immunity and the immunity of supervisory personnel in Boyd v. Adams, No. 73 C 403, 364 F.Supp. 1180 , decided on June 29,1973. … The allegation, however, must fail, for it does not establish a violation or deprivation of a right secured by the Constitution or laws of the United States.

Mulvey v. Carl Sandburg High School

2016 IL App (1st) 151615 · Appellate Court of Illinois · Jan 13, 2017

Id. ¶ 45 Our supreme court has established a two-part test to determine which employees may be granted immunity under section 2-201 of the Tort Immunity Act. … First, an employee may qualify for immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.” (Emphases in original.)

Westshire Retirement & Healthcare Center v. Department of Public Aid

213 Ill. Dec. 265 · Appellate Court of Illinois · Dec 4, 1995

These three components are calculated separately and then combined into an overall per diem rate paid by IDPA for each day of nursing-home care provided to each qualified resident. … These actions, taken together, clearly indicate the identities of the nominal defendant and the actual defendant.

Wallace Ex Rel. Wallace v. Batavia School District 101

870 F. Supp. 222 · District Court, N.D. Illinois · Nov 21, 1994

In the alternative, the § 1983 claim against Cliffe would have to be dismissed because Cliffe is entitled to qualified immunity. … Under the doctrine of qualified immunity, a public official performing discretionary functions is protected against suit from damages unless the official’s conduct violates a clearly established statutory or constitutional

Wilson Ex Rel. Adams v. Cahokia School District 187

470 F. Supp. 2d 897 · District Court, S.D. Illinois · Jan 19, 2007

“In general ... a government officer is entitled to qualified immunity if a reasonable officer could have believed that his or her conduct was constitutional in light of the clearly established law and the information the … qualified immunity.