Illinois Compiled Statutes
55 ILCS 5/5-1002 (2026)
Indemnity of sheriff or deputy
✓ current as of May 2026
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(55 ILCS 5/5-1002)
(from Ch. 34, par. 5-1002)
Sec. 5-1002.
Indemnity of sheriff or deputy.
If any injury to the
person or property of another is caused by a sheriff or any deputy sheriff,
while the sheriff or deputy is engaged in the performance of his or her
duties as such, and without the contributory negligence of the injured
person or the owner of the injured property, or the agent or servant of the
injured person or owner, the county shall indemnify the sheriff or deputy,
as the case may be, for any judgment recovered against him or her as the
result of that injury, except where the injury results from the wilful
misconduct of the sheriff or deputy, as the case may be, to the extent of
not to exceed $1,000,000, including costs of action.
Any sheriff or deputy, as the case may be, or any person who, at the time
of performing such an act complained of, was a sheriff or deputy sheriff, who
is made a party defendant to any such action shall, within 10 days of service
of process upon him or her, notify the county, of the fact that the action
has been instituted, and that he or she has been made a party defendant to the
action. The notice must be in writing, and be filed in the office of the
State's Attorney and also in the office of the county clerk, either by
himself or herself, his or her agent or attorney. The notice shall
state in substance, that the sheriff or deputy sheriff, as the case may be,
(naming him or her), has been served with process and made a party
defendant to an action wherein it is claimed that a person has suffered
injury to his or her person or property caused by that sheriff or deputy
sheriff stating the title and number of the case; the Court wherein the action
is pending; and the date the sheriff or deputy sheriff was served with process
in the action, and made a party defendant thereto. The county which is or may
be liable to indemnify the sheriff or deputy sheriff, as the case may be, may
intervene in the action against the sheriff or deputy sheriff, as the case may
be, and shall be permitted to appear and defend. The duty of the county to
indemnify any sheriff or deputy sheriff for any judgment recovered against him
or her is conditioned upon receiving notice of the filing of any such action in
the manner and form hereinabove described.
(Source: P.A. 92-810, eff. 8-21-02.)
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1998–2022 · leading case: Carver v. Sheriff of La Salle Cnty., 787 N.E.2d 127 (Ill. 2003).
Carver v. Sheriff of La Salle Cnty., 787 N.E.2d 127 (Ill. 2003). “At the outset, we note that section 5-1002 of the Counties Code (55 ILCS 5/5-1002 (West 2000)) provides that a county must indemnify a sheriff or deputy for "any judgment recovered against him or her as the result of [an injury to the person or property of another caused by the…”
Margaret M. Carver & Randall S. Carmean v. Sheriff of Lasalle Cnty., Illinois, & Lasalle Cnty., Illinois, 243 F.3d 379 (7th Cir. 2001). “Next consider 55 ILCS 5/5-1002, the statute on which plaintiffs principally rely.”
Wallace v. Masterson, 345 F. Supp. 2d 917 (N.D. Ill. 2004). “that § 5-1002 of the Counties Code, which provides that a county must indemnify a sheriff or deputy for “any judgment recovered against him or her as a result of [an injury to the person or property of another caused by a sheriff or his deputy engaged in the performance of his…”
DeGenova v. Sheriff of DuPage Cnty., 18 F. Supp. 2d 848 (N.D. Ill. 1998). “7 For these reasons, the court concludes that, based on Illinois law, a sheriff is the final policymaker (on law enforcement issues) for the county in which she is elected.”
Cortez v. Close, 101 F. Supp. 2d 1013 (N.D. Ill. 2000). “In any event, the plaintiffs indemnity claims against the Sheriff and Cook County arise under 745 ILCS 10/9-102 and 55 ILCS 5/5-1002, which authorize Cook County and other local public entities (not the State of Illinois) to provide indemnity under certain circumstances.”
Bell v. Washington (N.D. Ill. 2022). “However, because the County is the indemnifying entity, see 55 ILCS 5/5-1002, the Sheriff has no role in this case and therefore is dismissed.”
Carver, Margaret M. v. Condie, Anthony M. (7th Cir. 2001). “Next consider 55 ILCS 5/5-1002, the statute on which plaintiffs principally rely.”
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