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EMS Act and Tort Immunity Act do not conflict with each other.
Abruzzo v. City of Park Ridge, 870 N.E.2d 1012 (1st Dist. June 22, 2007).
The plaintiff sued the City alleging its EMTs failed to provide emergency medical care to the plaintiff's minor son, Joseph, resulting in his death. The plaintiff specifically alleged the EMTs willfully and wantonly failed to evaluate and assess Joseph when he was unresponsive possibly from a drug overdose. The City argued it was immune from liability for any willful and wanton failure to examine, diagnose or prescribe under Sections 6-105 and 6-106 of the Tort Immunity Act. The plaintiff argued the EMS Act, rather than the Tort Immunity Act, applied. The EMS Act provides immunity for negligent but not willful and wanton conduct. The appellate court held the more specific Tort Immunity Act immunized the City from any liability for pre-treatment conduct of failing to examine, diagnose, or prescribe. The court further explained the EMTs' determination that Joseph was "non-responsive" was not a diagnosis.

Tort Immunity Act provides complete immunity for a retaliatory discharge claim.

Smith v. Waukegan Park District, 373 Ill.App.3d 626, 869 N.E.2d 1093 (2d Dist. June 6, 2007).

A maintenance employee sued the park district, claiming he was fired in retaliation for filing a worker's compensation claim. The park district argued that its superintendent fired the employee after he refused to take a drug/alcohol test. The court held the superintendent's decision to terminate the employee was a policy determination and a discretionary act protected by Section 2-201 of the Tort Immunity Act. Accordingly, the park district was also immune from liability under Section 2-109, which provides that a public entity is not liable for an employee's act or omission when the employee is not liable.

Employment contracts are not protected under the personnel file exemption in FOIA.

Reppert v. Southern Illinois University, 2007 WL 2377368 (4th Dist. August 15, 2007).

The plaintiff filed a complaint against Southern Illinois University (SIU), seeking the employment contracts of several SIU employees. SIU argued that because the contracts were included in the employees' personnel files, they were protected from disclosure under the personnel file exemption in Section 7(1)(b)(ii) of the Freedom of Information Act. The appellate court held that although the contracts were in the personnel files, they were not exempt from disclosure under Section 7(1)(b) because they constituted "information that bears on the public duties of public employees and officials."

Policy of prohibiting students from reentering school after hours did not violate student's due process rights.

King v. East St. Louis School District 189, 2007 WL 2241649 (7th Cir. August 7, 2007).

A minor student missed the bus after school, and returned to the school to call her mother for a ride home. She was not allowed to reenter the school pursuant to a school policy prohibiting students from reentering the school after hours. While walking to the public bus station, she was abducted and raped. The student's mother sued under 42 U.S.C. Section 1983 alleging a state-created danger" depriving the student of her due process rights. The Seventh Circuit found no due process violation, which requires conduct that "shocks the conscience." The school district's failure to protect the student from a criminal act of a third-party did not "shock the conscience" because the motivation for the school policy was to prevent damage to the school by unsupervised students in the school after hours.

Mandatory retirement at age 63 does not deprive firefighters of due process.

The City of Chicago enacted a mandatory retirement ordinance requiring firefighters to retire at age 63. Two firefighters brought a lawsuit against the City, alleging the ordinance violated their due process rights because their collective bargaining agreement permitted termination only for cause. The Seventh Circuit held the ordinance did not violate the firefighters' due process rights because the collective bargaining agreement did not preclude the City from requiring firefighters to retire at a certain age. In addition, involuntary retirement was not a "discharge" under the collective bargaining agreement.

Detective's report about suspected tip-off is not protected by the First Amendment.

A City police detective in a task force formed to investigate gang activity suspected that gang members evaded arrest because they were tipped off by other task force members. The detective reported his suspicions to his supervisors, then was passed over for promotion and removed from the task force. He sued, alleging retaliation for exercising his First Amendment rights. Following Garcetti v. Ceballos, the Seventh Circuit held the detective's speech was not protected by the First Amendment because it was made in his capacity as a detective and task-force manager.

Inability to balance on one leg or stand for 30 to 40 minutes is not a disability.

Williams v. Excel Foundry & Machine, Inc., 489 F.3d 309 (7th Cir. June 1, 2007).

A foundry employee injured his spine after falling from a tree stand while hunting. As a result, he was unable to stand for more than 30 to 40 minutes or balance himself. The employee was terminated, purportedly because he started a false rumor in the workplace. He sued, alleging he was terminated because of his difficulty with standing and balancing. The Seventh Circuit held the employee was not disabled under the ADA because his inability to stand for long periods or balance did not constitute a substantial limitation on a major life activity.

A female employee quit her job after enduring 10 months of comments from her supervisor that were critical of working women. The comments included that women do not belong in the press room, women think they know everything, and women should work in flower shops. She was also subjected to some sexual comments. The Seventh Circuit held that although most of the supervisor's comments were sexist rather than sexual in nature, the sexist/anti-female comments were sufficient to support a claim for hostile work environment. The court explained that hostile work environment claims were not limited to situations in which the harassment was based on sexual desire.

Public Act 95-244: School Boards May Levy Taxes to Pay Environmental Settlement or Judgment.

Public Act 95-0244, effective August 17, 2007, amended the School Code and the Local Governmental and Governmental Employees Tort Immunity Act to provide that, until December 31, 2010, the school board of any school district may use a tax levy to pay for settlements or judgments under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act.

Public Act 95-243: Petitioner Alleging Unlawful Discrimination May Elect to Go to State Court One Year After Filing Complaint with Department of Human Rights.

Public Act 95-243, effective January 1, 2008, amends the Illinois Human Rights Act to provide that if a civil rights petitioner does not receive a report from the Department of Human Rights within one year of filing a discrimination petition, the petitioner may, within 90 days, either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court.

Public Act 95-123: Court Order Required to Obtain Minor's Law Enforcement Records.

Public Act 95-123, effective August 13, 2007, amended the Juvenile Court Act to specify that in order to obtain the law enforcement records of a juvenile, a person must obtain a court order and not simply issue a civil subpoena. Any records obtained in violation of the provision are not admissible in any criminal or civil proceeding.

Public Act 95-25: Employer Required to Temporarily Transfer Pregnant Police Officer or Firefighter to Less Strenuous or Hazardous Position.

Public Act 95-25, effective January 1, 2008, amends the Illinois Human Rights Act to Require an employer to temporarily transfer a pregnant police officer or firefighter to a less strenuous or hazardous position on advice from her doctor for the duration of the pregnancy if the transfer can be reasonably accommodated.

Public Act 95-506: Citizen Participation Act Created to Provide for Expedited Procedures in SLAPP Cases.

Public Act 95-506, effective August 28, 2007, created the Citizen Participation Act to provide expedited civil procedures against SLAPP litigation (Strategic Lawsuits Against Public Participation). This includes the adjudication and dismissal of litigation within 90 days of filing of a motion to dismiss, and suspension of discovery pending a decision on the motion to dismiss.

Public Act 95-541: Gender Discrimination Prohibited Under Illinois Civil Rights Act.

Public Act 95-541, effective January 1, 2008, amends the Illinois Civil Rights Act of 2003 to include gender, in addition to the existing prohibition of discrimination based on race, color and national origin.

Public Act 95-316 (formerly HB 0928): Rebuttable Presumption That Certain Ailments Related to Firefighter's Job.

On August 28, 2007, this bill was subject to a Governor amendatory veto. The Amendatory veto recommends deleting the language providing the three examining physicians need not agree as to the existence or nature and extent of a disability.

SB 1475: Definition of Catastrophic Injury Under Public Safety Employees Benefits Act.

SB 1296: Providing That Apportionment of Fault For Joint Liability Under Code of Civil Procedure Applies Only to Parties Remaining In Case When Liability Imposed.

This bill was passed by the Senate on March 20, 2007, and is now before the House.

HB 0511: Defining As Public Record Only That Portion of a Settlement Agreement That Shows The Total Amount of Money To Be Paid or Value of Other Agreement.

The attorneys who comprise Ancel Glink's defense litigation group are dedicated almost exclusively to defending governmental entities in tort, civil rights, employment, business and other claims and lawsuits. In addition to defending municipalities, school districts, park districts, townships and other entities in lawsuits in state and federal courts, Ancel Glink's litigation group handles appeals, administrative hearings, critical incident crisis management, loss control training and seminars, file audits, and special consultation. Visit our web-site at www.ancelglink.com or email us at e-news@ancelglink.com.

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