Court Finds City Immune from Lawsuit in Case Involving Missing Person
An Illinois Appellate Court determined that a municipality had immunity from a lawsuit brought by a mother who claimed she suffered emotional distress caused by the municipality's failure to assist her in locating her missing daughter. Specifically, the court held that the city had immunity from liability for "failure to provide adequate police protection or service" under section 4-102 of the Tort Immunity Act. Bailey v. City of Chicago.
A mother called 911 to report her daughter missing after she went to her daycare center and the child was missing. She also asked the police to issue an Amber Alert. No police met with her at the daycare and no Amber Alert was issued, although her daughter was found about two hours after she was reported missing. The mother filed a lawsuit against the city claiming the city breached a duty of care. After the circuit court dismissed the complaint and denied her request to amend the complaint, she appealed to the Appellate Court, which upheld the circuit court's ruling, finding that her claims were barred by the Tort Immunity Act.
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