MOORE v. GREEN

No. 100029.

848 N.E.2d 1015 (2006)

219 Ill.2d 470

302 Ill.Dec. 451

Melissa MOORE, as Independent Adm'r of the Estate of Ronyale White, Deceased, Appellee, v. Christopher GREEN et al., Appellants.

Supreme Court of Illinois.

April 20, 2006.


Attorney(s) appearing for the Case

Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Myriam Zreczny, of counsel), for appellants.

James D. Montgomery, Thomas C. Marszewski, of Cochran, Cherry, Givins, Smith & Montgomery, L.L.C., Michael W. Rathsack, Richard F. Mallen, Chicago, and Kathleen T. Zellner, Naperville, for appellee.

Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.

Patricia J. Thompson, Paula M. Ketcham, of Schiff Hardin, L.L.P., Lorie A. Chaiten and David Pressman, Chicago, for amici curiae Illinois Coalition Against Domestic Violence et al.


Justice FITZGERALD delivered the judgment of the court:

The sole issue in this case is whether the absolute immunity provided by 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)) or the limited immunity provided by section 305 of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 2002)) applies to claims that a municipality and two of its police officers were willful...

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