How do I sue police for misconduct in Illinois?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Seventh Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Illinois State-Law Alternative. Illinois has not abolished qualified immunity. The Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) provides extensive immunities for police acts, though willful and wanton conduct can pierce many provisions. Common-law assault, battery, and false-arrest claims remain available.

4. Monell Liability. A municipality is liable only when an official policy, custom, or failure to train caused the violation. Chicago has paid hundreds of millions in Monell-based settlements.

5. Statute of Limitations. Section 1983 borrows Illinois's 2-year personal-injury SOL (735 ILCS 5/13-202). State-tort claims against a local public entity have a 1-year SOL under 745 ILCS 10/8-101.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment cruel and unusual punishment (post-conviction); Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees.

8. Notice of Claim. The Tort Immunity Act does not require pre-suit notice but imposes a strict 1-year SOL for state-law claims; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.