Paulinski v. Link

Illinois Appellate Court
Civil Court
State Lawsuit Immunity Act
Citation
Case Number: 
2026 IL App (1st) 250326
Decision Date: 
Tuesday, March 17, 2026
District: 
1st Dist.
Division/County: 
2d Div./Cook Co.
Holding: 
Certified question answered; cause remanded.
Justice: 
D.B. WALKER

In a wrongful death case, the Illinois appellate court considered a question certified by the circuit court asking whether the statutory immunity provided in the State Lawsuit Immunity Act, which gives exclusive jurisdiction to the Illinois Court of Claims, applies to cases alleging state law claims against DCFS employees based on their work for DCFS when those employees hold a Child Welfare Employee License so that the circuit court would be barred from having jurisdiction over the matter. The appellate court answered the question in the affirmative and found that the circuit court lacked jurisdiction to hear plaintiff’s claim against the DCFS defendants. (VAN TINE and ELLIS, concurring)