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LACEY v. VILLAGE OF PALATINE

No. 1-06-2842.

882 N.E.2d 1187 (2008)

Susan H. LACEY, as Special Adm'r and Special Representative of the Estate of Mary E. Lacey, Deceased; and Helena Kolbasky, as Special Adm'r and Special Representative of the Estate of Margaret Ballog, Deceased, Plaintiffs-Appellants, v. THE VILLAGE OF PALATINE, a Municipal Corporation, Palatine Police Department Detective B. Bertnik, No. 203; Palatine Police Department Detective Tully, Palatine Police Department Detective Kraeger; Village of Glenview, a Municipal Corporation; Glenview Police Department Sergeant Johnson; and Glenview Police Department Detective Michael Mazurkiewicz, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied March 10, 2008.

Attorney(s) appearing for the Case

Thomas A. Kelliher and Gary D. McCallister, of Gary D. McCallister & Associates, Ltd., of Chicago, for Appellants.

David E. Neumeister, Paul A. Rettberg and Brandon K. Lemley, of Querrey & Harrow, Ltd., of Chicago, for Appellees Village of Palatine and Detectives Bertnik, Tulley and Kraeger.

Richard Lee Stavis, Jeffrey M. Randall and Tracy E. Stevenson (Robbins, Salomon & Patt, Ltd., of Chicago, IL, of Counsel) of Chicago, for Appellees Village of Glenview, Sergeant Johnson and Detective Mazurkiewicz.

James L. DeAno of DeAno & Scarry, of Wheaton, for Amicus Curiae Chiefs of Police of the Intergovernmental Risk Management Agency and South Suburban Chiefs of Police.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs Susan H. Lacey and Helena Kolbasky appeal the trial court's dismissal of their second amended complaint under section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)). Plaintiffs sued the municipalities and police officers of Palatine and Glenview, defendants, after the murders in 2004 of Mary E. Lacey (Mary or Mary Lacey) and her mother Margaret Ballog (Ballog...

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