Court of Appeals of Illinois, First District, Third Division
LUZ YDIRA ROBLES, as Special Administrator of the Estate of Juan Carlos Robles, Deceased, Plaintiff-Appellant,
THE CITY OF CHICAGO, a Municipal Corporation, and UNKNOWN CITY OF CHICAGO POLICE OFFICERS, Defendants-Appellees
Opinion Modified Upon Denial of Rehearing June 25, 2014.
Appeal from the Circuit Court Of Cook County. No. 10 L 1098. The Honorable Kathy M. Flanagan, Judge Presiding.
The immunity provided by section 2-202 of the Tort Immunity Act applied to the police officers who were engaged in enforcing the law when plaintiff's decedent was shot in the back, and pursuant to section 2-202 of the act, negligent acts are immunized, but willful and wanton misconduct is not; therefore, in view of the existence of a triable issue of material fact as to whether the fatal shots were the result of willful and wanton misconduct, the entry of summary judgment for the police and defendant city was reversed and the cause was remanded for further proceedings.
FOR PLAINTIFF-APPELLANT: Edward J. Manzke, Of Counsel, The Collins Law Firm, P.C., Naperville, Illinois.
FOR DEFENDANTS-APPELLEES: Benna Ruth Solomon, Myriam Zreczny Kasper, Jonathon D. Byrer, Of Counsel, Corporation Counsel for the City of Chicago, Chicago, Illinois.
JUSTICE NEVILLE delivered the judgment of the court, with opinion. Presiding Justice Hyman and Justice Pucinski concurred in the judgment and opinion.
[¶1] Luz Robles, as special administrator of the estate of Juan Robles, sued the City of Chicago (City), alleging that City police committed willful and wanton misconduct when they shot and killed Juan. The trial court granted the City's motion for summary judgment, holding that the general immunity for discretionary acts barred recovery from the City, even for its officers' willful and wanton misconduct. In this appeal, we hold that under section 2-202 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-202 (West 2008)), the estate may recover damages from the City if its officers acted willfully and wantonly when they shot Juan in the course of enforcing the law. We also find that the evidence
presents a triable issue of fact as to whether police officers acted willfully and wantonly. We reverse the judgment entered in favor of the City and remand for proceedings in accord with this opinion.
[¶3] On September 26, 2009, near the comer of 76th Street and Kinzie, Chicago police officer Ivan Lopez shot Juan Robles twice in the back. Juan died from his wounds. Police impounded Juan's car and later destroyed it. A camera at a business located at 76th and Kinzie recorded a video of the area on September 26, 2009. Two days later, an investigator for the " Independent Police Review Authority" (IPRA), a unit of the Chicago ...