This text of Illinois § 5-15 (Remedies) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)All monetary, injunctive, and declaratory relief available at common law is available under this Act for a violation of this Act without regard to whether a plaintiff may have a claim under any other statute or common law cause of action. If a plaintiff seeks punitive damages against a defendant who committed a violation of this Act while acting under color of federal law, Illinois law, or other state law, the following facts shall be factors in determining the reprehensibility of the defendant's conduct:
(1)whether the defendant wore a facial covering while committing the violation;
(2)whether, at the time of the violation, the defendant was a law enforcement officer who failed to identify or disclose that he or she was a law enforcement officer either verbally or by wearing identif
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(a) All monetary, injunctive, and declaratory relief available at common law is available under this Act for a violation of this Act without regard to whether a plaintiff may have a claim under any other statute or common law cause of action. If a plaintiff seeks punitive damages against a defendant who committed a violation of this Act while acting under color of federal law, Illinois law, or other state law, the following facts shall be factors in determining the reprehensibility of the defendant's conduct: (1) whether the defendant wore a facial covering while committing the violation; (2) whether, at the time of the violation, the defendant was a law enforcement officer who failed to identify or disclose that he or she was a law enforcement officer either verbally or by wearing identifying insignia, such as a badge, agency logo, or patch, or by providing his or her name, badge or identification number, and the employing agency or department; (3) whether, at the time of the violation, the defendant was a law enforcement officer who was required by State or federal law or regulation or agency policy to wear and use an officer-worn body camera during the type of activity that gave rise to the deprivation of rights and failed to do so; (4) whether the defendant was operating or using a motor vehicle without a license plate or with a non-Illinois license plate; (5) whether the defendant used crowd control equipment at the time of the violation; or (6) whether the defendant intentionally violated or failed to comply with any material term or condition of a court order or consent decree that was issued by a court, that was in effect at the time of the violation of this Act, that applied to the person acting under color of law, and that was issued or entered into in part to address or prevent future violations of this Act relating to the conduct complained of. (b) Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this Act. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.