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Illinois Compiled Statutes

745 ILCS 10/8-101 (2026)

Limitation

✓ current as of May 2026
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(745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
    Sec. 8-101. Limitation.
    (a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.
    (b) No action for damages for injury or death against any local public entity or public employee, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of those dates occurs first, but in no event shall such an action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death.
    (c) For purposes of this Article, the term "civil action" includes any action, whether based upon the common law or statutes or Constitution of this State.
    (d) The changes made by this amendatory Act of the 93rd General Assembly apply to an action or proceeding pending on or after this amendatory Act's effective date, unless those changes (i) take away or impair a vested right that was acquired under existing law or (ii) with regard to a past transaction or past consideration, create a new obligation, impose a new duty, or attach a new disability.
(Source: P.A. 93-11, eff. 6-4-03.)

    
Notes of Decisions
Cited in 245 cases (71 in the last 5 years), 1993–2026 · leading case: Kaufmann v. Jersey Cmty. Hosp., 919 N.E.2d 1077 (Ill. App. Ct. 2009).
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Kaufmann v. Jersey Cmty. Hosp., 919 N.E.2d 1077 (Ill. App. Ct. 2009). · cites it 18× “Statute of Limitations Section 8-101 of the Tort Immunity Act (745 ILCS 10/8-101 (West 2006)) states: "(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is…”
Tosado v. Miller, 720 N.E.2d 1075 (Ill. 1999). · cites it 7× “In the motions, defendants alleged that the one-year limitation period found in section 8-101 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/8-101 et seq.”
Edward Palmer v. Bd. of Educ. of Cmty. Unit Sch. Dist. 201-U, Will Cnty., Illinois, 46 F.3d 682 (7th Cir. 1995). · cites it 4× “The district court chose a one-year period from 745 ILCS 10/8-101, which applies to tort litigation against municipalities.”
Rodney Woidtke v. St. Clair Cnty., Illinois, St. Clair Cnty. Pub. Def.'s Off., Brian K. Trentman, 335 F.3d 558 (7th Cir. 2003). · cites it 3× “Woidtke’s complaint as time-barred under the relevant statute of limitations, 745 ILCS 10/8-101, and statute of repose, 735 ILCS 5/13-214.”
Kaufmann v. Schroeder, 946 N.E.2d 345 (Ill. 2011). · cites it 5× “The hospital argued that, because it is a municipal corporation, the governing statute of limitations is section 8-101(a) of the Tort Immunity Act (745 ILCS 10/8-101(a) (West 2006)). That provision requires that any suit brought against a local governmental entity be commenced…”
Tzakis v. Berger Excavating Contractors, Inc., 2019 IL App (1st) 170859 (Ill. App. Ct. 2019). · cites it 2× “12 745 ILCS 10/8-101(a) (West 2016). Thus, any claim against a local governmental entity that is filed subsequent to our opinion must have accrued no earlier than May 2018.”
Bertolis v. Cmty. Unit Sch. Dist. No. 7, 671 N.E.2d 79 (Ill. App. Ct. 1996). · cites it 4× “On appeal, we are asked to determine which of two applicable but conflicting statutes of limitation, contained in section 13-211 of the Code of Civil Procedure (Code) (735 ILCS 5/13-211 (West 1994)) and section 8-101 of the Local Governmental and Governmental Employees Tort…”
Mashal v. City of Chicago, 2012 IL 112341 (Ill. 2012). “” ¶9 In September 2006, the City filed a motion for partial summary judgment based on the contention that the class claims were time-barred, except those arising within the one-year limitations period of section 8-101 of the Local Governmental and Governmental Employees Tort…”
Gary Gauger v. Beverly Hendle, 349 F.3d 354 (7th Cir. 2004). “We think that in these circumstances Gauger’s false-arrest claim did not accrue until his conviction was reversed, and so it was not untimely; therefore this part of the judgment for the defendants must be vacated and the case remanded.”
Sara Bridewell v. Kevin Eberle, 730 F.3d 672 (7th Cir. 2013). “That date was more than one year before she filed suit, and so if her claim was limited in *680 this way, it would indeed have been barred under 745 ILCS 10/8-101 (2003). The district court rejected the possibility that her ongoing imprisonment somehow made this a continuing…”
Davenport v. Dovgin, 545 F. App'x 535 (7th Cir. 2013). · cites it 2× “See 745 ILCS 10/8-101, 1-204. Although the statute of limitations is an affirmative defense, a court may dismiss a claim as time-barred if the complaint sets forth the necessary information to show that the statute of limitations has expired.”
United Airlines, Inc. v. City of Chicago, 954 N.E.2d 710 (Ill. App. Ct. 2011). · cites it 3× “26, 2010)) appeal is whether the one-year limitations period for civil actions against government entities set forth in section 8-101 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (745 ILCS 10/8-101 (West 2010)) applies to United…”
Show all 245 citing cases →
— 745 ILCS 10/8-101(a) — 131 cases
Kaufmann v. Jersey Cmty. Hosp., 919 N.E.2d 1077 (Ill. App. Ct. 2009). “Statute of Limitations Section 8-101 of the Tort Immunity Act (745 ILCS 10/8-101 (West 2006)) states: "(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is…”
Vaughn v. Chapman, 662 F. App'x 464 (7th Cir. 2016).
Grayson v. City of Aurora, 157 F. Supp. 3d 725 (N.D. Ill. 2016).
Serrano v. Guevara, 315 F. Supp. 3d 1026 (E.D. Ill. 2018).
Ballinger v. City of Danville, Illinois, 2012 IL App (4th) 110637 (Ill. App. Ct. 2012).
— 745 ILCS 10/8-101(b) — 15 cases
Kaufmann v. Jersey Cmty. Hosp., 919 N.E.2d 1077 (Ill. App. Ct. 2009). “Statute of Limitations Section 8-101 of the Tort Immunity Act (745 ILCS 10/8-101 (West 2006)) states: "(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is…”
Kaufmann v. Schroeder, 946 N.E.2d 345 (Ill. 2011). “The hospital argued that, because it is a municipal corporation, the governing statute of limitations is section 8-101(a) of the Tort Immunity Act (745 ILCS 10/8-101(a) (West 2006)). That provision requires that any suit brought against a local governmental entity be commenced…”
Tzakis v. Berger Excavating Contractors, Inc., 2019 IL App (1st) 170859 (Ill. App. Ct. 2019). “12 745 ILCS 10/8-101(a) (West 2016). Thus, any claim against a local governmental entity that is filed subsequent to our opinion must have accrued no earlier than May 2018.”
Hicks v. City of O'Fallon, 2019 IL App (5th) 180397 (Ill. App. Ct. 2019).
Hicks v. City of O'Fallon, 2019 IL App (5th) 180397 (Ill. App. Ct. 2020).
— 745 ILCS 10/8-101(c) — 5 cases
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016).
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016).
Gray v. Vill. Of Hazel Crest (N.D. Ill. 2022).
Andersen v. Vill. of Glenview (N.D. Ill. 2018).
Williams v. Chicago Pub. Schs. (N.D. Ill. 2021).
— 745 ILCS 10/8-101(d) — 3 cases
Doe v. Diocese of Dallas, 885 N.E.2d 376 (Ill. App. Ct. 2008).
Wheaton v. Suwana - Corrected Opinion (Ill. App. Ct. 2005).
Doe A. v. Diocese of Dallas (Ill. App. Ct. 2008).
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