In many cases, it is difficult to prevail in a lawsuit against the government. This is because federal, state, and local governments are all entitled to a certain level of immunity. Generally speaking, this means that as\u00a0long as a government employee is acting within the scope of his or her employment when an injury to another person occurs, the government is not liable, even if the employee acted negligently, or without reasonable care. In Illinois, this is called qualified immunity.<\/p>\n
While qualified immunity shields governments from having to compensate many injured parties, the immunity enjoyed by governments does not protect against liability in every single case. In some cases, if a government employee\u2019s actions are particularly egregious, the government may be liable for damages. In these situations, an injured party must prove that the government acted with utter indifference or a conscious disregard for the health and safety of others or their property. In Illinois, this may also be referred to as gross negligence, or willful and wanton conduct.<\/p>\n
Illinois, like many other states, provides qualified immunity to its government employees so that they may carry out their jobs without fear of being sued. However, as we have seen in cases involving police misconduct, sometimes this immunity backfires, and state employees act as though they are above the law entirely.<\/p>\n