defense of absolute privilege (Illinois) · Go Syfert
← Illinois issues

defense of absolute privilege in Illinois

18 Illinois opinions name it 1 courts 1978–2019 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Golden v. Mullengreen
illappct · 1998 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006See also Golden v. Mulllen, 295 Ill.

2006See also Golden v. Mullen, 295 Ill.

22
Thomas v. Petrulisgreen
illappct · 1984 · cited in 3 Illinois opinions naming this issue, 1991–1997
2 sentences

1997Thomas v. Petrulis, 125 Ill.

1991The defense of absolute privilege rests upon the idea “ ‘that conduct which otherwise would be actionable is to escape liability because the defendant is acting in furtherance of some interest of social importance [here, the investigation of crimes allegedly committed by plaintiff against another], which is entitled to protection even at the expense of uncompensated harm to the plaintiff’s reputation.’ ” (Thomas v. Petrulis (1984), 125 Ill.

13
Morris v. Harvey Cycle and Camper, Inc.green
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019Morris v. Harvey Cycle & Camper, Inc., 392 Ill.

2018Morris v. Harvey Cycle & Camper, Inc. , 392 Ill.

12
Barakat v. Matzgreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014Barakat v. Matz, 271 Ill.

11
Duncan v. Petersongreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012See Duncan v. Peterson, 408 Ill.

11
Spalding v. Vilasgreen
scotus · 1896 · cited in 1 Illinois opinions naming this issue, 1986–1986
2 sentences

1986In a case analogous to the present one, Du Busk v. Harvin (5th Cir. 1954), 212 F.2d 143 , it was held that the absolute-immunity doctrine barred the plaintiff’s retaliatory-discharge claim where the plaintiff alleged that his governmental supervisors “deliberately set snares for him in their malicious efforts to concoct charges” to terminate his employment. ( 212 F.2d 143, 144 .) In dismissing the suit, the court noted the following rationale for the absolute immunity defense: “to protect public officials from undue harassment by civil litigation for acts committed by law to their control or s

1986In a case analogous to the present one, Du Busk v. Harvin (5th Cir. 1954), 212 F.2d 143 , it was held that the absolute-immunity doctrine barred the plaintiff’s retaliatory-discharge claim where the plaintiff alleged that his governmental supervisors “deliberately set snares for him in their malicious efforts to concoct charges” to terminate his employment. ( 212 F.2d 143, 144 .) In dismissing the suit, the court noted the following rationale for the absolute immunity defense: “to protect public officials from undue harassment by civil litigation for acts committed by law to their control or s

11
Cook v. East Shore Newspapers, Inc.green
illappct · 1945 · cited in 1 Illinois opinions naming this issue, 1978–1978
1 sentence

1978B, ch. 25 (1938); see also Cook v. East Shore Newspapers, Inc. (1945), 327 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Weiler v. Stern green
illappct · 1978
2 sentences

1998App. 495 , 23 N.E.2d 180 (1939)), to out-of-court communications between attorney and client related to pending litigation (Weller v. Stern, 67 Ill.

1997App. 495 , 23 N.E.2d 180 (1939)), to out-of-court communications between attorney and client related to pending litigation ( Weiler v. Stern , 67 Ill.

31991–1998
Dean v. Kirkland green
illappct · 1939
2 sentences

1998The defense of absolute privilege in a defamation action involving statements made by an attorney is set forth in the Restatement (Second) of Torts § 586 (1977) (Restatement) and provides as follows: “An attorney at law is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding, or in the institution of, or during the course and as a part of, a judicial proceeding in which he participates as counsel, if it has some relation to the proceeding.” The privilege extends to out-of-court communications between opposing coun

1997The defense of absolute privilege in a defamation action involving statements made by an attorney is set forth in the Restatement (Second) of Torts, § 586 (1977) (Restatement) and provides as follows: "An attorney at law is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding, or in the institution of, or during the course and as a part of, a judicial proceeding in which he participates as counsel, if it has some relation to the proceeding." The privilege extends to out-of-court communications between opposing cou

21997–1998
Starnes v. International Harvester Co. green
illappct · 1986
2 sentences

1993App. 3d 936, 942 , 568 N.E.2d 513 , 516-17: “A communication is absolutely privileged when its propagation is so much in the public interest that the publisher should speak fully and fearlessly. [Citation.] As a matter of public policy certain types of defamatory statements are deemed privileged so that the person making the statement will not be deterred from speaking by the threat of civil liability. [Citation.] *** The defense of absolute privilege has been described as resting upon the idea that conduct which otherwise would be actionable is to escape liability because the defendant is act

1991App. 3d 652 , 490 N.E.2d 1062 .) The defense of absolute privilege has been described as resting upon the idea that conduct which otherwise would be actionable is to escape liability because the defendant is acting in furtherance of some interest of social importance that is entitled to protection even at the expense of uncompensated harm to the plaintiff’s reputation.

21991–1993
Zych v. Tucker green
illappct · 2006
1 sentence

2014Id. at 836 .

12014–2014
Bushell v. Caterpillar, Inc. green
illappct · 1997
1 sentence

2014Id.

12014–2014
Weber v. Cueto green
illappct · 1991
2 sentences

1993App. 3d 936, 942 , 568 N.E.2d 513 , 516-17: “A communication is absolutely privileged when its propagation is so much in the public interest that the publisher should speak fully and fearlessly. [Citation.] As a matter of public policy certain types of defamatory statements are deemed privileged so that the person making the statement will not be deterred from speaking by the threat of civil liability. [Citation.] *** The defense of absolute privilege has been described as resting upon the idea that conduct which otherwise would be actionable is to escape liability because the defendant is act

1993App. 3d 652, 657 , 490 N.E.2d 1062, 1065 ), the absolute privilege has been recognized in giving statements to county boards, Attorney Registration and Disciplinary Commissions, chief judges of the circuit court (see Weber, 209 Ill.

11993–1993
Cohen v. Cowles Media Co. green
scotus · 1991
1 sentence

1992Ed. 2d 586 , 111 S. Ct. 2513 , the defense of absolute privilege is, barred because of the separation agreement.

11992–1992
Morton v. Hartigan green
illappct · 1986
1 sentence

1990App. 3d 417 , 495 N.E.2d 1159 , where the court held that the supervisors of a State employee, including the Attorney General, have a defense of absolute immunity from a claim for retaliatory discharge.

11990–1990
De Busk v. Harvin green
ca5 · 1954
2 sentences

1986In a case analogous to the present one, Du Busk v. Harvin (5th Cir. 1954), 212 F.2d 143 , it was held that the absolute-immunity doctrine barred the plaintiff’s retaliatory-discharge claim where the plaintiff alleged that his governmental supervisors “deliberately set snares for him in their malicious efforts to concoct charges” to terminate his employment. ( 212 F.2d 143, 144 .) In dismissing the suit, the court noted the following rationale for the absolute immunity defense: “to protect public officials from undue harassment by civil litigation for acts committed by law to their control or s

1986In a case analogous to the present one, Du Busk v. Harvin (5th Cir. 1954), 212 F.2d 143 , it was held that the absolute-immunity doctrine barred the plaintiff’s retaliatory-discharge claim where the plaintiff alleged that his governmental supervisors “deliberately set snares for him in their malicious efforts to concoct charges” to terminate his employment. ( 212 F.2d 143, 144 .) In dismissing the suit, the court noted the following rationale for the absolute immunity defense: “to protect public officials from undue harassment by civil litigation for acts committed by law to their control or s

11986–1986
Robert Livas v. Edward Petka green
ca7 · 1983
1 sentence

1986We also note that the Seventh Circuit, in effect, applied an absolute-immunity privilege to an action involving the allegedly wrongful dismissal of an assistant State’s Attorney in Livas v. Petka (7th Cir. 1983), 711 F.2d 798 .

11986–1986
Richardson v. Dunbar green
illappct · 1981
1 sentence

1984(Richardson v. Dunbar (1981), 95 Ill.

11984–1984
Parker v. Kirkland green
illappct · 1939
1 sentence

1984App. 340, 346 , 18 N.E.2d 709, 712 .) The defense of absolute privilege has been described as resting upon the idea “that conduct which otherwise would be actionable is to escape liability because the defendant is acting in furtherance of some interest of social importance, which is entitled to protection even at the expense of uncompensated harm to the plaintiff’s reputation.” (Prosser, Torts sec. 114, at 776 (4th ed. 1971).) Whether a tribunal is quasi-judicial depends upon the facts of each case and whether at the time in question the tribunal is performing a quasi-judicial function.

11984–1984

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 18 (1978–2019) NY 14 (1957–2013) PA 14 (1961–2017) WA 8 (1966–2025) AL 5 (1974–2012) TX 5 (1984–2019) AZ 4 (1973–1998) CT 4 (1985–2000) OH 4 (1990–1997) SD 3 (1995–2004) MD 3 (1983–2007) KY 3 (1979–2010) UT 3 (2005–2011) IN 2 (2003–2013) FL 2 (1969–1995) LA 2 (2000–2008) OR 2 (2010–2022) NC 2 (2021–2021) VA 2 (1988–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check