Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Wednesday, August 13, 2014

Police Action Triggers Immunity Under Tort Immunity Act


In Payne v. City of Chicago, 2014 ILL App (1st) 123010 (July 16, 2014), relatives of the plaintiff called police for assistance after he took crack cocaine and began hallucinating, destroying property, and causing injuries to himself.  Chicago Police arrived at the scene, and were forced to TASER the plaintiff to calm him.  However, the plaintiff wound up falling out of the second story window, causing him to suffer severe injuries and become paralyzed.  It was unclear whether the plaintiff jumped or fell out of the window.

Plaintiff sued the city for battery, alleging that the willful and wanton conduct exception to the Tort Immunity Act applied.  The city denied any wrongdoing based on Sections 4-102 and 2-202 of the Tort Immunity Act.  Section 4-102 provides the city blanket immunity for failing to provide adequate police protection.  However, section 2-202 provides a willful and wanton exception to immunity during the enforcement of law.    


After review of the Tort Immunity Act, the trial court ruled in favor of the city, finding that the Act provided immunity.  On appeal, the Appellate Court affirmed.  The Appellate Court found that the willful and wanton exception to the Act did not apply as the police were not there to enforce any law.  Rather, they were there to provide a police service after being called by plaintiff’s family to provide assistance.  The Court found that the blanket immunity provided in Section 4-102 applied in this scenario because the officers were providing a police service.  

Post Authored by Erin Baker, Ancel Glink

0 comments:

Post a Comment