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Illinois Compiled Statutes

705 ILCS 505/8 (2026)

Court of Claims jurisdiction; deliberation periods

✓ current as of May 2026
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(705 ILCS 505/8) (from Ch. 37, par. 439.8)
    Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive jurisdiction to hear and determine the following matters:
        (a) All claims against the State founded upon any law
    
of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency; provided, however, the court shall not have jurisdiction (i) to hear or determine claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation, or (ii) to review administrative decisions for which a statute provides that review shall be in the circuit or appellate court.
        (b) All claims against the State founded upon any
    
contract entered into with the State of Illinois.
        (c) All claims against the State for time unjustly
    
served in prisons of this State when the person imprisoned received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure; provided, the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150; and provided further, the court shall fix attorney's fees not to exceed 25% of the award granted. On or after the effective date of this amendatory Act of the 95th General Assembly, the court shall annually adjust the maximum awards authorized by this subsection (c) to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. For the annual adjustments, if the Consumer Price Index decreases during a calendar year, there shall be no adjustment for that calendar year. The transmission by the Prisoner Review Board or the clerk of the circuit court of the information described in Section 11(b) to the clerk of the Court of Claims is conclusive evidence of the validity of the claim. The changes made by this amendatory Act of the 95th General Assembly apply to all claims pending on or filed on or after the effective date.
        (d) All claims against the State for damages in cases
    
sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Medical Center Commission, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy; provided, that an award for damages in a case sounding in tort, other than certain cases involving the operation of a State vehicle described in this paragraph, shall not exceed the sum of $2,000,000 to or for the benefit of any claimant. The $2,000,000 limit prescribed by this Section does not apply to an award of damages in any case sounding in tort arising out of the operation by a State employee of a vehicle owned, leased or controlled by the State. The defense that the State or the Medical Center Commission or the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy is not liable for the negligence of its officers, agents, and employees in the course of their employment is not applicable to the hearing and determination of such claims. The changes to this Section made by this amendatory Act of the 100th General Assembly apply only to claims filed on or after July 1, 2015.
        The court shall annually adjust the maximum awards
    
authorized by this subsection to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller shall make the new amount resulting from each annual adjustment available to the public via the Comptroller's official website by January 31 of every year.
        (e) All claims for recoupment made by the State of
    
Illinois against any claimant.
        (f) All claims pursuant to the Line of Duty
    
Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.
        (g) All claims filed pursuant to the Crime Victims
    
Compensation Act.
        (h) All claims pursuant to the Illinois National
    
Guardsman's Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.
        (i) All claims authorized by subsection (a) of
    
Section 10-55 of the Illinois Administrative Procedure Act for the expenses incurred by a party in a contested case on the administrative level.
(Source: P.A. 100-1124, eff. 11-27-18.)

    
Notes of Decisions
Cited in 288 cases (42 in the last 5 years), 1993–2026 · leading case: Gregory Turley v. Dave Rednour, 729 F.3d 645 (7th Cir. 2013).
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Gregory Turley v. Dave Rednour, 729 F.3d 645 (7th Cir. 2013). · cites it 4× “The Illinois Court of Claims provides an exclusive remedy for “[a]ll claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency,” 705 ILCS 505/8(a), and “[a]ll claims 5…”
Loman v. Freeman, 890 N.E.2d 446 (Ill. 2008). · cites it 6× “Rather, they asserted that defendant could not seek to "turn" a regulatory and licensing statute into an immunity act.”
Brandon v. Bonell, 858 N.E.2d 465 (Ill. App. Ct. 2006). · cites it 8× “705 ILCS 505/8(d) (West 2004). Therefore, in the case before us, if defendants are insulated from liability by sovereign immunity, exclusive jurisdiction rests in the Court of Claims, and the circuit court has no subject matter jurisdiction.”
People Ex Rel. Manning v. Nickerson, 702 N.E.2d 1278 (Ill. 1998). · cites it 12× “The State Lawsuit Immunity Act provides that "the State of Illinois shall not be made a defendant or party in any court," except as provided in the Court of Claims Act.”
PHL, INC. v. Pullman Bank & Trust Co., 836 N.E.2d 351 (Ill. 2005). · cites it 6× “" 705 ILCS 505/8(b) (West 2000). At issue in this case is whether plaintiffs' claim for breach of contract, which was brought against the Treasurer of the State of Illinois, constitutes an action "against the State" so as to come within this provision.”
Tyrone Petties v. Imhotep Carter, 836 F.3d 722 (7th Cir. 2016). “Perhaps prisoners hope that constitutional claims will produce awards of attorneys’ fees under 42 U.S.C. § 1988 (b), while Illinois requires plaintiffs to bear their own fees, but § 1988 is not a good reason to constitution-alize tort law.”
State Bldg. Venture v. O'Donnell, 940 N.E.2d 1122 (Ill. 2010). · cites it 4× “For that issue, if it arises later, I would suggest to the parties that the proper avenue will be the Court of Claims pursuant to 705 ILCS 505/8 of the Court of Claims jurisdiction.”
Jackson v. Alverez, 831 N.E.2d 1159 (Ill. App. Ct. 2005). · cites it 4× “" 705 ILCS 505/8(d) (West 2002). As a practical matter, the state acts only through its employees.”
Charles Murphy v. Robert Smith, 844 F.3d 653 (7th Cir. 2016). · cites it 2× “” 705 ILCS 505/8(d). In effect, the State’s limited waiver of sovereign immunity gives it home-court advantage when it defends tort claims for damages.”
Welch v. Illinois Supreme Court, 751 N.E.2d 1187 (Ill. App. Ct. 2001). · cites it 3× “The court dismissed count I as barred by sovereign immunity, noting that under section 8 of the Court of Claims Act (705 ILCS 505/8 (West 1998)), a state entity cannot be sued in a circuit court, particularly when the allegation involves monetary claims for a breach of contract…”
Brooks v. Ross, 578 F.3d 574 (7th Cir. 2009). “705 ILCS 505/8(d). This statute constitutes a partial waiver of sovereign immunity, providing Brooks with a court in which to pursue his state-law claim.”
Joseph Constr. Co. v. Bd. of Trs. of Governors State Univ., 2012 IL App (3d) 110379 (Ill. App. Ct. 2012). · cites it 7× “” As such, and given the nature of Sullivan’s employment at the university, defendants argued that -3- the State Lawsuit Immunity Act (745 ILCS 5/1 (West 2010)) and the Court of Claims Act (705 ILCS 505/8 (West 2010)) precluded any redress sought against defendants in the…”
Show all 288 citing cases →
— 705 ILCS 505/8(a) — 67 cases
Gregory Turley v. Dave Rednour, 729 F.3d 645 (7th Cir. 2013). “The Illinois Court of Claims provides an exclusive remedy for “[a]ll claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency,” 705 ILCS 505/8(a), and “[a]ll claims 5…”
People Ex Rel. Manning v. Nickerson, 702 N.E.2d 1278 (Ill. 1998). “The State Lawsuit Immunity Act provides that "the State of Illinois shall not be made a defendant or party in any court," except as provided in the Court of Claims Act.”
Williams Ex Rel. Williams v. Davenport, 713 N.E.2d 1224 (Ill. App. Ct. 1999).
Watkins v. Off. of the State Appellate Def., 2012 IL App (1st) 111756 (Ill. App. Ct. 2012).
People v. Philip Morris, Inc., 759 N.E.2d 906 (Ill. 2001).
— 705 ILCS 505/8(a)(ii) — 1 case
Peters v. Bd. of Trs. of S. Illinois Univ., 816 N.E.2d 1 (Ill. App. Ct. 2004).
— 705 ILCS 505/8(b) — 35 cases
PHL, INC. v. Pullman Bank & Trust Co., 836 N.E.2d 351 (Ill. 2005). “" 705 ILCS 505/8(b) (West 2000). At issue in this case is whether plaintiffs' claim for breach of contract, which was brought against the Treasurer of the State of Illinois, constitutes an action "against the State" so as to come within this provision.”
State Bldg. Venture v. O'Donnell, 940 N.E.2d 1122 (Ill. 2010). “For that issue, if it arises later, I would suggest to the parties that the proper avenue will be the Court of Claims pursuant to 705 ILCS 505/8 of the Court of Claims jurisdiction.”
Loman v. Freeman, 890 N.E.2d 446 (Ill. 2008). “Rather, they asserted that defendant could not seek to "turn" a regulatory and licensing statute into an immunity act.”
Joseph Constr. Co. v. Bd. of Trs. of Governors State Univ., 2012 IL App (3d) 110379 (Ill. App. Ct. 2012). “” As such, and given the nature of Sullivan’s employment at the university, defendants argued that -3- the State Lawsuit Immunity Act (745 ILCS 5/1 (West 2010)) and the Court of Claims Act (705 ILCS 505/8 (West 2010)) precluded any redress sought against defendants in the…”
President Lincoln Hotel Venture v. Bank One, 649 N.E.2d 432 (Ill. App. Ct. 1994).
— 705 ILCS 505/8(c) — 19 cases
Julian v. Hanna, 732 F.3d 842 (7th Cir. 2013).
People v. Palmer, 2021 IL 125621 (Ill. 2021).
People v. Rodriguez, 2021 IL App (1st) 200173 (Ill. App. Ct. 2021).
People v. McClinton, 2018 IL App (3d) 160648 (Ill. App. Ct. 2018).
People v. McClinton, 2018 IL App (3d) 160648 (Ill. App. Ct. 2018).
— 705 ILCS 505/8(d) — 120 cases
Brandon v. Bonell, 858 N.E.2d 465 (Ill. App. Ct. 2006). “705 ILCS 505/8(d) (West 2004). Therefore, in the case before us, if defendants are insulated from liability by sovereign immunity, exclusive jurisdiction rests in the Court of Claims, and the circuit court has no subject matter jurisdiction.”
Gregory Turley v. Dave Rednour, 729 F.3d 645 (7th Cir. 2013). “The Illinois Court of Claims provides an exclusive remedy for “[a]ll claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency,” 705 ILCS 505/8(a), and “[a]ll claims 5…”
Loman v. Freeman, 890 N.E.2d 446 (Ill. 2008). “Rather, they asserted that defendant could not seek to "turn" a regulatory and licensing statute into an immunity act.”
Tyrone Petties v. Imhotep Carter, 836 F.3d 722 (7th Cir. 2016). “Perhaps prisoners hope that constitutional claims will produce awards of attorneys’ fees under 42 U.S.C. § 1988 (b), while Illinois requires plaintiffs to bear their own fees, but § 1988 is not a good reason to constitution-alize tort law.”
Jackson v. Alverez, 831 N.E.2d 1159 (Ill. App. Ct. 2005). “" 705 ILCS 505/8(d) (West 2002). As a practical matter, the state acts only through its employees.”
— 705 ILCS 505/8(e) — 5 cases
Twp. of Jubilee v. State of Illinois, 2011 IL 111447 (Ill. 2011).
Twp. of Jubilee v. State, 960 N.E.2d 550 (Ill. 2011).
Hefti v. State, 49 Ill. Ct. Cl. 63 (1996).
Wulf v. State, 51 Ill. Ct. Cl. 383 (1999).
Boyd Bros. v. State, 52 Ill. Ct. Cl. 191 (1998).
— 705 ILCS 505/8(f) — 1 case
Teamsters, Chauffeurs, Warehouseman & Helpers Local Union No. 525 v. Bd. of Governors of S. Illinois Univ., 53 Ill. Ct. Cl. 245 (2001).
— 705 ILCS 505/8(i) — 2 cases
Ardt v. State, 48 Ill. Ct. Cl. 429 (1996).
Luker v. State, 53 Ill. Ct. Cl. 242 (2001).
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