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MOORE v. GREEN

No. 1-03-2651.

822 N.E.2d 69 (2004)

355 Ill. App.3d 81

290 Ill.Dec. 787

Melissa MOORE, as Independent Administrator of the Estate of Ronyale White, Deceased, Plaintiff-Appellee, v. Chicago Police Department Officer Christopher GREEN, Chicago Police Department Officer, Donald E. Cornelius, and City of Chicago, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

December 29, 2004.

Attorney(s) appearing for the Case

Mara S. Georges, Chicago (Lawrence Rosenthal, Deputy, Benna Ruth Solomon, Chief Asst., & Myriam Zreczny, Senior Counsel, of counsel), for Appellants.

Michael Rathsack, Cochran, Cherry, Givins, Smith & Montgomery (James Montgomery & Thomas Marszewski, Chicago; Kathleen Zellner & Associates, Naperville; Richard Mallen & Associates, Chicago, of counsel), for Appellee.

Justice HOFFMAN delivered the opinion of the court:

This is a permissive interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308). The certified question before us is whether section 4-102 or 4-107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/4-102, 4-107 (West 2002)) provides absolute immunity to a municipality and its police officers who are alleged to have...

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