Author Jim Hess

Appellate Court Sends Municipalities Another Warning on the Dangers of Failing to Properly Administer Benefits Under PSEBA

In the recent case of Mertes v. Village of Mt. Prospect (2024 IL App (1st) 221787), the Appellate Court considered a dispute over whether a Village firefighter, Eric Mertes, was properly determined to have suffered line-of-duty injuries that were “catastrophic”… Continue Reading →

Do You Own a Sidewalk? Appellate Court Gives Public Entities Another Win in Sidewalk Defect Cases

In the recent case of Martin v. City of Chicago, 2023 IL App (1st) 221116 (November 15, 2023) 3d Div., Cook Co., the Appellate Court addressed the issue of public entity liability for injuries caused by defective sidewalks. The Plaintiff,… Continue Reading →

A Case of Nuisance Abatement and Substantive Due Process

Local Government May Take Property Without Compensation if the Taking is Necessary to Protect Public Health and Safety A recent Seventh Circuit decision re-affirmed precedent that, so long as the proper procedures are followed, local governments may take private property… Continue Reading →

Supreme Court Upholds Municipality’s Ability to Enforce Annexation Agreement on Successor Owners

A recent ruling from the Illinois Supreme Court has important implications for municipalities and developers that enter into annexation agreements and for those who purchase a portion of the property that was subject to the annexation agreement.   In Village… Continue Reading →

Appellate Court Upholds Firing of Police Officer Following Issuance of Garrity Warning

A recent ruling of the Illinois First District Appellate Court affirmed the Melrose Park Board of Fire and Police Commissioners’ decision to fire a Melrose Park Police Officer following a string of alleged misconduct. In Scatchell v. Board of Fire… Continue Reading →

Court Rules City Not Liable for Off-Duty Officers’ Actions Following Bar Fight

A recent ruling of the Seventh Circuit Court of Appeals affirmed the City of Indianapolis’ motion to vacate a $1.24 million jury verdict against the City following a bar fight involving two off-duty police officers. In Bohanon v. City of… Continue Reading →

Appellate Court Upholds Application of “Open and Obvious” Danger With Dismissal of Wrongful Death Lawsuit Against the CTA

Last week, the appellate court affirmed the dismissal of a wrongful death lawsuit that was filed against the Chicago Transit Authority (CTA) continuing a history of decisions with respect to moving trains presenting an “open and obvious danger.” In Pryor… Continue Reading →

Court Rejects Civil Penalties for Failure to Comply With FOIA

The Second District Appellate Court recently affirmed a Winnebago County Court’s decision denying civil penalties against the State’s Attorney for failure to comply with plaintiff’s FOIA request. The Second District’s opinion in Williams v. Bruscato, 2021 IL App (2d) 190971… Continue Reading →

Judge Dismisses Section 1983 Civil Rights Violation Claims Against Local High School Administration

Last week, a Federal Judge dismissed Section 1983 civil rights violation claims against Evanston Township High School district officials. The dismissed claims include violations of due process, equal protection and Title IX. Claims alleging that administrators failed to supervise security… Continue Reading →

Court Rules City Not Responsible For Officer’s Actions As A Private Citizen

A recent ruling of the Seventh Circuit Court of Appeals overturned a $44.7 million verdict against the City of Chicago after a Jury found the City liable for one of its officer’s actions while off duty. In First Midwest Bank as… Continue Reading →

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