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KEENER v. CITY OF HERRIN

No. 107658.

919 N.E.2d 913 (2009)

235 Ill.2d 338

Jennifer KEENER, Appellee, v. The CITY OF HERRIN, Appellant.

Supreme Court of Illinois.

Rehearing Denied November 23, 2009.

Attorney(s) appearing for the Case

Joseph A. Bleyer, of Bleyer & Bleyer, Marion, for appellant.

Mark D. Prince, Carbondale, for appellee.

James L. DeAno, of DeAno & Scarry, LLC, Chicago, for amicus curiae Illinois Association of Defense Trial Counsel.

Daniel S. Kirschner and Thomas F. Boleky, of Corboy & Demetrio, P.C., Chicago, for amicus curiae Illinois Trial Lawyers' Association.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion.

The substantive issue presented for our consideration, as framed by the appellant, City of Herrin, is "[w]hether the provision of Chapter 745 ILCS Section 10/4-107[,] which grants absolute immunity to a local public entity for releasing a person in custody[,] is applicable to the factual situation herein * * * which involves an occurrence at which time the police were neither in...

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