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Case Law Update: Tort Immunity Act in Wrongful Death

Lacey v. The Village of Palatine, No. 106353 (2-20-09) found that the appellate court erred when it reversed the dismissal of plaintiff’s wrongful death complaint against police departments for willful and wanton failure to protect plaintiff’s decedent from being murdered by her former boyfriend after his chiropractor informed his police department that the ex boyfriend was threatening to have victim killed and asking him to use his father’s credit card to set up pattern of appointments as an alibi. Because police were not engaged in an act of enforcement of the law when the victim was murdered, the limitation to total bar of Tort Immunity Act contained in Section 305 of Domestic Violence Act does not apply. This Illinois case will greatly effect wrongful death cases.