custody proceeding need absolute immunity (Illinois) · Go Syfert
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custody proceeding need absolute immunity in Illinois

8 Illinois opinions name it 2 courts 2011–2021 1 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 (3)

CaseFollowedCited
Werderman v. Liberty Ventures, LLCgreen
illappct · 2006 · cited in 5 Illinois opinions naming this issue, 2011–2019
2 sentences

2011Experts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations `without the worry of intimidation and harassment from dissatisfied parents.' [Citation.] This principle is applicable to a child's representative, who although bound to consult the child is not bound by the child's wishes but rather by the child's best interests, and is thus a neutral, much like a court-appointed expert witness." Cooney, 583 F.3d at 970 . ¶ 22 Plaintiffs here argue that as a federal co

2011Experts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations `without the worry of intimidation and harassment from dissatisfied parents.' [Citation.] This principle is applicable to a child's representative, who although bound to consult the child is not bound by the child's wishes but rather by the child's best interests, and is thus a neutral, much like a court-appointed expert witness." Cooney, 583 F.3d at 970 . ¶ 22 Plaintiffs here argue that as a federal co

35
Vlastelica v. Brendgreen
illappct · 2011 · cited in 2 Illinois opinions naming this issue, 2019–2021
2 sentences

2021Just as in child custody or dissolution proceedings, in probate cases “[e]xperts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations ‘without the worry of intimidation and harassment from dissatisfied parents.’ ” Vlastelica, 2011 IL App (1st) 102587, ¶ 21 (quoting Cooney, 583 F.3d at 970 ). ¶ 49 Therefore, we hold that guardians ad litem who submit recommendations to the court on a child’s best interests are protected by quasi-judicial immunity.

2019Just as in child custody or dissolution proceedings, in probate cases “[e]xperts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations ‘without the worry of intimidation and harassment from dissatisfied parents.’ ” Vlastelica, 2011 IL App (1st) 102587, ¶ 21 (quoting Cooney, 583 F.3d at 970 ). ¶ 49 Therefore, we hold that guardians ad litem who submit recommendations to the court on a child’s best interests are protected by quasi-judicial immunity.

22
Kurzawa v. Muellergreen
ca6 · 1984 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012Experts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations ‘without the worry of intimidation and harassment from dissatisfied parents.’ ” Id. (quoting Kurzawa v. Mueller, 732 F.2d 1456, 1458 (6th Cir. 1984)). ¶ 33 We agree with the Seventh Circuit’s assessment that all of the alleged misconduct from plaintiffs’ complaint occurred within the course of Rossiter’s court-appointed duties and, thus, he is immune because he was acting at the court’s direction.

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 (1)

CaseCitedYears
Cooney v. Rossiter green
ca7 · 2009
2 sentences

2021Just as in child custody or dissolution proceedings, in probate cases “[e]xperts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations ‘without the worry of intimidation and harassment from dissatisfied parents.’ ” Vlastelica, 2011 IL App (1st) 102587, ¶ 21 (quoting Cooney, 583 F.3d at 970 ). ¶ 49 Therefore, we hold that guardians ad litem who submit recommendations to the court on a child’s best interests are protected by quasi-judicial immunity.

2019Experts asked by the court to advise on what disposition will serve the best interests of a child in a custody proceeding need absolute immunity in order to be able to fulfill their obligations “without the worry of intimidation and harassment from dissatisfied parents.” [Citation.] This principle is applicable to a child’s representative, who although bound to consult the child is not bound by the child’s wishes but rather by the child’s best interests, and is thus a neutral, much like a court-appointed expert witness.’ Cooney, 583 F.3d at 970 .

82011–2021

Statutes the citing opinions construe

IL § 750 ILCS 5/506 (7) IL § 735 ILCS 5/2-619 (3) USC § 42u.s.c.1983 (3)

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.

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