ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/2-109 (2026)

A local public entity is not liable for an injury resulting from an act or omission of its employee where the employee is not liable

✓ current as of May 2026
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(745 ILCS 10/2-109) (from Ch. 85, par. 2-109)
    Sec. 2-109. A local public entity is not liable for an injury resulting from an act or omission of its employee where the employee is not liable.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 162 cases (39 in the last 5 years), 1993–2026 · leading case: Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001).
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Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001). · cites it 3× “See 745 ILCS 10/2-109 (West 1998) (providing that a local public entity is not liable "for an injury resulting from an act or omission of its employee where the employee is not liable").”
Monson v. City of Danville, 2018 IL 122486 (Ill. 2018). · cites it 3× “*530 ¶ 1 At issue in this appeal is whether sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) ( 745 ILCS 10/2-109, 2-201 (West 2012) ), apply to a city's failure to repair a sidewalk defect.”
Snyder v. Curran Twp., 657 N.E.2d 988 (Ill. 1995). · cites it 3× “" 745 ILCS 10/2-109 (West 1992). "Except as otherwise provided by Statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting…”
Smith v. Waukegan Park Dist., 896 N.E.2d 232 (Ill. 2008). · cites it 4× “After Smith's refusal, District supervisor Mike Trigg informed Smith by letter that he was terminated effective June 24 for his failure to take the drug and alcohol test.”
Leone v. City of Chicago, 619 N.E.2d 119 (Ill. 1993). · cites it 4× “ovides that a "[l]ocal public entity," which includes a municipality (745 ILCS 10/1-206 (West 1992)), is not liable for failure to provide adequate police protection (745 ILCS 10/4-102 (West 1992)) or for injury resulting from an act or omission of a public employee in the…”
Monson v. City of Danville, 2018 IL 122486 (Ill. 2019). · cites it 3× “OPINION ¶1 At issue in this appeal is whether sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-109, 2-201 (West 2012)), apply to a city’s failure to repair a sidewalk defect.”
Weiler v. Vill. of Oak Lawn, 86 F. Supp. 3d 874 (N.D. Ill. 2015). · cites it 3× “745 ILCS 10/2-109,10/2-103. Deetjen and the Village have not established that they are entitled to dismissal of the state law claims on immunity grounds.”
Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998). · cites it 2× “" 745 ILCS 10/2-109 (West 1994). "Except as otherwise provided by Statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting…”
Andrews v. Metro. Water Reclamation Dist. of Greater Chicago, 2019 IL 124283 (Ill. 2019). · cites it 2× “¶ 11 Subsequently, on April 11, 2016, defendant filed a motion for summary judgment arguing that defendant was immune from liability under sections 2-109 and 2-201 of the Tort Immunity Act (745 ILCS 10/2-109, 2-201 (West 2012)). These sections immunize a local governmental…”
Hudson v. City of Chicago, 881 N.E.2d 430 (Ill. App. Ct. 2007). · cites it 2× “" 745 ILCS 10/2-109 (West 2004). According to the City, it is immune from liability because Officer Lee was executing or enforcing the law when the accident occurred and she was not acting willfully or wantonly.”
Valentino v. Vill. of South Chicago Heights, 575 F.3d 664 (7th Cir. 2009). “This section provides that “a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though…”
In Re Chicago Flood Litig., 680 N.E.2d 265 (Ill. 1997). “The discretionary immunity doctrine is codified in sections 2-109 and 2-201 of the Tort Immunity Act (745 ILCS 10/2-109, 2-201 (West 1994)). See Snyder v.”
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