(775 ILCS 5/10-102)
(from Ch. 68, par. 10-102)
(A) Circuit Court Actions. (1) An
aggrieved party may commence a civil action in an appropriate Circuit
Court not later than 2 years after the occurrence or the termination of an
alleged civil rights violation or the breach of a conciliation or
settlement agreement entered into under this Act, whichever occurs last,
to obtain appropriate relief with respect to the alleged civil rights violation
or breach. Venue for such civil action shall be determined under Section 8-111(B)(6).
(2) The computation of such 2-year period shall not include any time
during which an administrative proceeding under this Act was pending with
respect to a complaint or charge under this Act based upon the alleged
civil rights violation. This paragraph does not apply to
actions arising from a breach of a conciliation or settlement agreement.
(3) An aggrieved party may commence a civil action under this
subsection whether or not a charge has been filed under Section 7B-102 and
without regard to the status of any such charge, however, if the Department or
local agency has obtained a conciliation or settlement agreement with the
consent of an aggrieved party, no action may be filed under this subsection
by such aggrieved party with respect to the alleged civil rights violation
practice which forms the basis for such complaint except for the purpose of
enforcing the terms of such conciliation or settlement agreement.
(4) An aggrieved party shall not commence a civil action under this
subsection with respect to an alleged civil rights violation which
forms the basis of a complaint issued by the Department if a
hearing officer has commenced a hearing on the record under
Article 3 of this Act with respect to such complaint.
(B) Appointment of Attorney by Court. Upon application by a person
alleging a civil rights violation or a person against whom
the civil rights violation is alleged, if in the opinion of the court such
person is financially unable to bear the costs of such action, the court may:
(1) appoint an attorney for such person, any attorney so appointed may
petition for an award of attorneys fees pursuant to subsection (C)(2) of this Section; or
(2) authorize the commencement or continuation of a civil action under
subsection (A) without the payment of fees, costs, or security.
(C) Relief which may be granted. (1) In a civil action under
subsection (A) if the court finds that a civil rights violation
has occurred or is about to occur, the court may award to the plaintiff
actual and punitive damages, and may grant as relief, as the court deems
appropriate, any permanent or preliminary injunction, temporary restraining
order, or other order, including an order enjoining the defendant from
engaging in such civil rights violation or ordering such affirmative action
as may be appropriate.
(2) In a civil action under subsection (A), the court, in its
discretion, may allow the prevailing party, other than the State of
Illinois, reasonable attorneys fees and costs.
The State of Illinois shall be liable for such fees and costs to the same
extent as a private person.
(D) Intervention By The Department. The Attorney General of Illinois
may intervene on behalf of the Department if the Department certifies that
the case is of general public importance. Upon such intervention the court
may award such relief as is authorized to be granted to a plaintiff in a
civil action under Section 10-102(C).
(Source: P.A. 86-910.)