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Scarlato v. Village of Bellwood

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


February 3, 2010

RONALD SCARLATO, ET AL., PLAINTIFFS,
v.
VILLAGE OF BELLWOOD, ILLINOIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

This Court's brief January 4, 2010 memorandum order addressed a number of the asserted defenses ("ADs") that defendants had advanced in this action. In part it ordered plaintiffs' counsel to file a further submission as to AD 4, "explaining why in their view 745 ILCS 10/2-201 and the caselaw applying it do not insulate the public officer defendants, despite plaintiffs' allegations that those defendants' allegations constituted willful and wanton misconduct or were prompted by corrupt or malicious motives."

Plaintiffs' counsel rose to that challenge, drawing to this Court's attention the strikingly applicable decision in Vill. of Sleepy Hollow v. Pulte Home Corp., 336 Ill.App.3d 506, 783 N.E.2d 1093 (2d Dist. 2003). Sleepy Hollow explained persuasively why an immunity claim sought to be advanced under the auspices of Vill. of Bloomingdale v. PDG Enters., Inc., 196 Ill.2d 484, 752 N.E.2d 1090 (2001) is inapplicable to a situation such as the current one. Accordingly this Court strikes AD 4.

20100203

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