Case law

Sciarrone v. Village of Island Lake, Illinois

2025 IL App (2d) 240153 · Appellate Court of Illinois · Sep 18, 2025

Arguments—Legislative Immunity ¶ 23 Having already rejected defendants’ proposed alternative basis for affirmance—that plaintiffs’ response to the motion was ineffectual and that the Clark Report established sufficient … that immunity.

Byron v. Village of Lyons

148 Ill. App. 3d 1057 · Appellate Court of Illinois · Oct 17, 1986

Although it is true that the doctrine of sovereign immunity has been somewhat diluted in recent years, modern case law clearly establishes that the doctrine still exists. … The issue and prayer for relief in the present case is clearly based on a tort claim, i.e., plaintiff’s assertion that the village improperly took limited custody over her children.

Schoeberlein v. Purdue University

129 Ill. 2d 372 · Illinois Supreme Court · May 17, 1989

established limits on liability. … Nevertheless, because it was an in rem property action, Streeper is clearly distinguishable from the case at bar and not dispositive of the issue before us.

Garibaldi v. Applebaum

301 Ill. App. 3d 849 · Appellate Court of Illinois · Jan 21, 1999

In Garibaldi I, we held that the hospital “clearly had a contractual relationship with Garibaldi in 1992.” Garibaldi I, 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects “individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Vargas v. Northern Illinois Foot & Ankle Specialists, Ltd.

District Court, N.D. Illinois · Sep 16, 2025

establishes the admissibility of evidence. … Indeed, the undisputed record establishes the contrary.

Brown v. Chicago Park District

218 Ill. App. 3d 612 · Appellate Court of Illinois · Jun 24, 1991

Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act or Act) (Ill. … Under this approach, section 3 — 108(b) of the Act merely establishes a condition defendants would be required to meet in order to successfully assert the Tort Immunity Act as an affirmative defense; it does not address the

Long v. Friesland

178 Ill. App. 3d 42 · Appellate Court of Illinois · Dec 20, 1988

expert witnesses who are qualified to define a given standard. … Clearly, the cutting of brush alongside township roads is a ministerial act, as is maintaining the roadway at a width of 16 feet.

De La Paz v. Peters

959 F. Supp. 909 · District Court, N.D. Illinois · Mar 27, 1997

Qualified Immunity The defendants are entitled to summary judgment on the Eighth Amendment claim for another reason as well — qualified immunity. … “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if ‘their conduct does not violate clearly established statutory or constitutional

Shirck v. Thomas

315 F. Supp. 1124 · District Court, S.D. Illinois · Jul 28, 1970

Since affidavits on both sides establish the material facts, the motion is treated as one for summary judgment as required by that rule. … The same considerations are clearly applicable to probationary teachers and the determinations rest with the duly constituted public school authorities.

Sanitary District of Decatur v. Pollution Control Board

66 Ill. App. 3d 251 · Appellate Court of Illinois · Nov 8, 1978

plaintiff’s legal interests, in which the ripening seeds of litigation may be seen and which cast doubt, insecurity, and uncertainty upon plaintiff’s rights or status damages plaintiff’s pecuniary or material interests and establishes … Finally, PCB claims sovereign immunity as a bar to the action. Except as the legislature may provide by law, sovereign immunity was abolished by article XIII, section 4, of the Illinois Constitution of 1970.

A.H. ex rel. Holzmueller v. Illinois High School Ass'n

263 F. Supp. 3d 705 · District Court, N.D. Illinois · Jul 7, 2017

realistic qualifying times for para-ambulatory athletes to compete in the state finals and that IHSA establish a para-ambulatory division in its annual 5K “Road Race” event. … But that it is “essentially impossible for Plaintiff to ever qualify under the able-bodied time standards,” as A.H. contends, does not establish that thosé standards are the but-for cause of his failure to qualify for the

Jiotis v. The Burr Ridge Park District

2014 IL App (2d) 121293 · Appellate Court of Illinois · Mar 10, 2014

Therefore, even if Pacanowski’s affidavit affirmatively established his immunity from liability under the Tort Immunity Act, the question of whether John Doe is liable, not liable, or immune from liability remains … For defendants’ affirmative defense to succeed, they would have to put forward affidavits or the like tending to establish - 14 -  that John Doe is immune from

Pommier v. James L. Edelstein Enterprises

816 F. Supp. 476 · District Court, N.D. Illinois · May 20, 1993

Pommier’s reliance upon these cases, however, is misplaced. (,Jn Marshall , the Seventh Circuit confronted an interlocutory appeal from a district court order denying summary judgment on a claim of qualified immunity. … In any event, it is irrelevant to the determination of qualified immunity whether it was clearly established that supervisors could be held liable under the two statutes....

Boub v. Township of Wayne

183 Ill. 2d 520 · Illinois Supreme Court · Oct 22, 1998

Accordingly, the present plaintiff must qualify as both a permitted and an intended user of the property involved in this case if he is to maintain the action alleged against the defendants in count I of the third amended … We do not construe Marshall as establishing that historical practice alone is sufficient to make a particular use of public property an intended one.

Courson v. Danville School District No. 118

301 Ill. App. 3d 752 · 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.

Krecek v. Board of Police Commissioners of La Grange Park

207 Ill. Dec. 227 · Appellate Court of Illinois · Feb 8, 1995

To establish a property interest in a probationary police officer’s employment with a police department, the municipality must establish procedural requirements for termination of those officers. (Faustrum, 240 Ill. … Act (Tort Immunity Act) (Ill.

The People v. Price

371 Ill. 137 · Illinois Supreme Court · Feb 15, 1939

Clearly the evidence of Allen before the grand jury was competent. It was not necessary for the trial judge, in disposing of the motion, to adopt Price’s theory of defense. … The court simply reversed the order of proof and kept the burden upon the People to establish the confession as his voluntary act.

Starcevich v. City of Farmington

110 Ill. App. 3d 1074 · Appellate Court of Illinois · Dec 13, 1982

Clearly, the statutory period in Illinois does not begin running only at completion of a defendant city’s construction. 1 The plain language of the Tort Immunity Act permits plaintiff to bring his cause of action within two … Nor do we find a factual basis to establish nonliability of any of the defendant city’s employees (Ill. Rev.

Ores v. Village of Dolton

152 F. Supp. 3d 1069 · District Court, N.D. Illinois · Dec 23, 2015

Qualified Immunity For the sake of compléteness, the Court will also address qualified immunity even though it has ’ already held’ that Chief Jones committed no constitutional violation because state-law mandamus, declaratory … 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 *1088 person would

Risner v. City of Chicago

150 Ill. App. 3d 827 · Appellate Court of Illinois · Dec 12, 1986

On appeal, plaintiff contends that the trial court’s judgment was based on its erroneous determination that the Local Governmental and Governmental Employees Tort Immunity Act (Governmental Tort Immunity Act) (Ill. Rev. … Clearly, in Palladini, the defendant owed a duty to the plaintiff.