A motorist is injured in a collision at a traffic light that has been out of order for months, despite repeated citizen complaints. A jury member slips and falls on an improperly repaired courthouse step. Many people are surprised to learn that these individuals cannot simply sue the state, county or local government as they would any private individual.
The historical so-called “sovereign immunity” of the state, federal and local governments from liability for unintentional as well as intentional torts is derived from the English common law – nobody was allowed to sue the king. It survived despite the demise of absolute monarchy out of concerns that claims by injured persons would bankrupt the public coffers.
The 1970 Illinois state constitution entirely abolished the doctrine of sovereign immunity. However, the General Assembly retained authority to create exceptions, and it has done so principally through two major laws:
- The Court of Claims Act, which created a special court with exclusive jurisdiction over tort actions against the state, its agencies and its employees engaged in the performance of their official duties. In contrast to a suit against a private party, an injured party must serve notice of his or her claim on the Illinois Attorney General and the Clerk of the Court of Claims within one year.
- Compliance with this requirement is crucial: failure to provide the proper notice in a timely fashion bars the plaintiff from ever filing suit. Most significantly, the Act generally limits the amount of damages to $100,000. False imprisonment awards are even more limited, with the maximum being $35,000. Attorneys’ fees of claimants generally are also capped at 20% of the amount recovered.
- The Local Governmental and Governmental Employees Tort Immunity Act. In general, this Act retains absolute immunity for acts that relate to the exercise of discretionary authority or policy decisions, as opposed to the performance of “ministerial” acts. Where the line between “discretionary” and “ministerial” falls has been the subject of much litigation.
The rules governing suits against the State of Illinois or a local or county or their respective agencies or employees are complex. If you believe you’ve been injured by the act or neglect of a government official, an experienced Illinois personal injury lawyer can advise you concerning your rights and obligations.
