ILCS » Chapter 745 · Act 5
Illinois Compiled Statutes

745 ILCS 5/1 (2026)

Except as provided in the Illinois Public Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, and Section 1

✓ current as of May 2026
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(745 ILCS 5/1) (from Ch. 127, par. 801)
    Sec. 1. Except as provided in the Illinois Public Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, and Section 1.5 of this Act, the State of Illinois shall not be made a defendant or party in any court.
(Source: P.A. 97-618, eff. 10-26-11.)

    
Notes of Decisions
Cited in 210 cases (35 in the last 5 years), 1993–2026 · leading case: Brandon v. Bonell, 858 N.E.2d 465 (Ill. App. Ct. 2006).
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Brandon v. Bonell, 858 N.E.2d 465 (Ill. App. Ct. 2006). · cites it 14× “In 1972, the legislature enacted the State Lawsuit Immunity Act (745 ILCS 5/1 (West 2004)), which states that the State of Illinois shall not be made a party or defendant in any court, except as provided by the Illinois Public Labor Relations Act (5 ILCS 315/1 et seq.”
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.”
Kucinsky v. Pfister, 2020 IL App (3d) 170719 (Ill. App. Ct. 2020). · cites it 2× “In their motion to dismiss, defendants cited section 1 of the State Lawsuit Immunity Act (Immunity Act) (745 ILCS 5/1 (West 2016)) as barring Kucinsky’s action seeking monetary damages against the State.”
Watkins v. Off. of the State Appellate Def., 2012 IL App (1st) 111756 (Ill. App. Ct. 2012). · cites it 3× “The circuit court found that it lacked subject matter jurisdiction over those matters on the grounds that the State Lawsuit Immunity Act (Immunity Act) (745 ILCS 5/1 (West 2010)) in conjunction with the Court of Claims Act (705 ILCS 505/8(a) (West 2010)) provide that the…”
Jinkins v. Lee, 785 N.E.2d 914 (Ill. App. Ct. 2003). · cites it 4× “(West 1998)) established the Court of Claims and gave it exclusive jurisdiction to hear certain matters, including the following actions: "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…”
Parmar v. Madigan, 2018 IL 122265 (Ill. 2018). · cites it 2× “Defendants maintained that, because the complaint seeks a money judgment against the State, it is barred under sovereign immunity principles embodied in the State Lawsuit Immunity Act ( 745 ILCS 5/1 (West 2014) ) and the complaint must be filed in the Illinois Court of Claims.”
Leetaru v. The Bd. of Trs. of the Univ. of Illinois, 2015 IL 117485 (Ill. 2015). · cites it 2× “” 745 ILCS 5/1 (West 2012). Township of Jubilee v.”
Coleman v. East Joliet Fire Prot. Dist., 2016 IL 117952 (Ill. 2016). · cites it 2× “(West 2014)) and other specified statutes, “the State of Illinois shall not be made a defendant or party in any court” (745 ILCS 5/1 (West 2014)). The Court of Claims Act, in turn, provides that the Court of Claims possesses exclusive jurisdiction to hear and determine various…”
PHL, INC. v. Pullman Bank & Trust Co., 836 N.E.2d 351 (Ill. 2005). · cites it 2× “" 745 ILCS 5/1 (West 1998). The Court of Claims Act, in turn, provides that the Court of Claims shall have exclusive jurisdiction over "[a]ll claims against the State founded upon any contract entered into *357 with the State of Illinois.”
Holzrichter v. Yorath, 2013 IL App (1st) 110287 (Ill. App. Ct. 2013). “On September 30, 2005, the circuit court dismissed count V with prejudice pursuant to Code section 2-619, finding the IDPR had sovereign immunity as defined by section 1 of the State Lawsuit Immunities Act (745 ILCS 5/1 (West 2004) (“the State of Illinois shall not be made a…”
Fritz v. Johnston, 807 N.E.2d 461 (Ill. 2004). “Section 1 of the Immunity Act (745 ILCS 5/1 (West 1998)) provides that “the State of Illinois shall not be made a defendant or party in any court” except as provided by the Illinois Public Labor Relations Act (5 ILCS 315/1 et seq. (West 1998)) or the Court of Claims Act (705…”
Joseph Constr. Co. v. Bd. of Trs. of Governors State Univ., 2012 IL App (3d) 110379 (Ill. App. Ct. 2012). · cites it 4× “” 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…”
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