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ILLINOIS
CIVIL IMMUNITIES

Last update: 2011-11-09


  • State Lawsuit Immunity Act.
  • Local Governmental and Governmental Employees Tort Immunity Act.
    • Article I. General Provisions
      • Part 1. Short Title, Construction and Application of the Act
      • Part 2. General Definitions
    • Article II. General Provisions Relating to Immunity
      • Part 1. Immunity of Local Public Entities
      • Part 2. Immunity of Public Employees
      • Part 3. Indemnification of Public Employees
    • Article III. Immunity From Liability for Injury Occurring in the Use of Public Property
    • Article IV. Police and Correctional Activities
    • Article V. Fire Protection and Rescue Services
    • Article VI. Medical, Hospital and Public Health Activities
    • Article VIA. Public and Community Service Programs
    • Article VII. Tort Liability Under Agreements Between Local Public Entities
    • Article VIII. Actions Against Local Public Entities and Public Employees--limitations, Notice
    • Article IX. Payment of Claims and Judgment
    • Article X. Repealer; Effective Date
  • County Engineer and Highway Superintendent Liability Act.
  • Public and Appellate Defender Immunity Act.
  • Federal Law Enforcement Officer Immunity Act.
  • Tort Liability of Schools Act.
  • Abortion Performance Refusal Act.
  • Alcoholism and Drug Addiction Intervenor and Reporter Immunity Law.
  • Baseball Facility Liability Act.
  • Blood and Organ Transaction Liability Act.
  • Bowling Center Act.
  • Illinois Commonsense Consumption Act.
  • Communicable Disease Report Act.
  • Employment Record Disclosure Act.
  • Equine Activity Liability Act.
  • Illinois Financial Institutions Year 2000 Safety and Soundness Act.
  • Good Samaritan Act.
  • Good Samaritan Food Donor Act.
  • Good Samaritan Medical Equipment Donor Act.
  • Hockey Facility Liability Act.
  • Interscholastic Association Defamation Act.
  • Long-term Care Peer Review and Quality Assessment and Assurance Protection Act.
  • Real Estate Investment Trust Act.
  • Recreational Use of Land and Water Areas Act.
  • State of Illinois Recreational Use of Leased Land Act.
  • Health Care Right of Conscience Act.
  • Roller Skating Rink Safety Act.
  • Snow and Ice Removal Act.
  • Sports Volunteer Immunity Act.

STATE LAWSUIT IMMUNITY ACT.

Section 0.01. Short Title

(745 ILCS 5/0.01) (from Ch. 127, par. 800)

This Act may be cited as the State Lawsuit Immunity Act.

(Source: P.A. 86-1324.)

Section 1

(745 ILCS 5/1) (from Ch. 127, par. 801)

Except as provided in the Illinois Public Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, Section 1.5 of this Act, and, except as provided in and to the extent provided in the Clean Coal FutureGen for Illinois Act, the State of Illinois shall not be made a defendant or party in any court.

(Source: P.A. 95-18, eff. 7-30-07; 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)

Section 1.5. Exceptions; State Employees.

(745 ILCS 5/1.5)

(a) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Age Discrimination in Employment Act of 1967 against the State in State circuit court or federal court.

(b) An employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Fair Labor Standards Act of 1938 against the State in State circuit court or federal court.

(c) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Family and Medical Leave Act against the State in State circuit court or federal court.

(d) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Americans with Disabilities Act of 1990 against the State in State circuit court or federal court.

(e) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended, if committed by an employer covered by that Act may bring an action under Title VII of the Civil Rights Act of 1964 against the State in State circuit court or federal court.

(Source: P.A. 93-414, eff. 1-1-04.)

LOCAL GOVERNMENTAL AND GOVERNMENTAL EMPLOYEES TORT IMMUNITY ACT.

Article I
General Provisions

Part 1
Short Title, Construction and Application of the Act

Section 1-101

(745 ILCS 10/1-101) (from Ch. 85, par. 1-101)

This Act shall be known and may be cited as the "Local Governmental and Governmental Employees Tort Immunity Act".

(Source: Laws 1965, p. 2983.)

Section 1-101.1

(745 ILCS 10/1-101.1) (from Ch. 85, par. 1-101.1)

(a) The purpose of this Act is to protect local public entities and public employees from liability arising from the operation of government. It grants only immunities and defenses.

(b) Any defense or immunity, common law or statutory, available to any private person shall likewise be available to local public entities and public employees.

(Source: P.A. 84-1431.)

Section 1-102

(745 ILCS 10/1-102) (from Ch. 85, par. 1-102)

If any provision or clause of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

(Source: Laws 1965, p. 2983.)

Part 2
General Definitions

Section 1-201

(745 ILCS 10/1-201) (from Ch. 85, par. 1-201)

Unless the context otherwise requires, words and terms used in this Act have the meanings ascribed to them in the following sections of this Part 2.

(Source: Laws 1965, p. 2983.)

Section 1-202

(745 ILCS 10/1-202) (from Ch. 85, par. 1-202)

"Employee" includes a present or former officer, member of a board, commission or committee, agent, volunteer, servant or employee, whether or not compensated, but does not include an independent contractor.

(Source: P.A. 84-1431.)

Section 1-203

(745 ILCS 10/1-203) (from Ch. 85, par. 1-203)

"Enactment" means a constitutional provision, statute, ordinance or regulation.

(Source: Laws 1965, p. 2983.)

Section 1-204

(745 ILCS 10/1-204) (from Ch. 85, par. 1-204)

"Injury" means death, injury to a person, or damage to or loss of property. It includes any other injury that a person may suffer to his person, reputation, character or estate which does not result from circumstances in which a privilege is otherwise conferred by law and which is of such a nature that it would be actionable if inflicted by a private person. "Injury" includes any injury alleged in a civil action, whether based upon the Constitution of the United States or the Constitution of the State of Illinois, and the statutes or common law of Illinois or of the United States.

(Source: P.A. 84-1431.)