ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/2-201 (2026)

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 in the exercise of such discretion even though abused

✓ current as of May 2026
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(745 ILCS 10/2-201) (from Ch. 85, par. 2-201)
    Sec. 2-201. 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 in the exercise of such discretion even though abused.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 202 cases (40 in the last 5 years), 1993–2026 · leading case: Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998).
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Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998). · cites it 7× “The court also held that section 2-201 of the Act (745 ILCS 10/2-201 (West 1994)) does not preclude liability because the fire marshal's conduct in "directing plaintiff to stand behind a door, though discretionary, is not a policy determination within the meaning of the Act.”
Strauss v. City of Chicago, 2022 IL 127149 (Ill. 2022). · cites it 7× “The appellate court further found the plain language of section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-201 (West 2016)) provided absolute immunity to the City on the tort claims.”
Van Meter v. Darien Park Dist., 799 N.E.2d 273 (Ill. 2003). · cites it 4× “The municipal defendants filed motions to dismiss, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)), alleging that they were entitled to discretionary immunity under section 2-201 of the Local Governmental and Governmental…”
Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001). · cites it 3× “2d 265 ; see 745 ILCS 10/2-201 ( West 1998 ). Section 2-201, which is at issue in this case, 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…”
Barr v. Cunningham, 2017 IL 120751 (Ill. 2017). · cites it 5× “745 ILCS 10/2-201, 3-108 (West 2010). The parties filed cross-motions for summary judgment.”
Hascall v. Williams, 2013 IL App (4th) 121131 (Ill. App. Ct. 2013). · cites it 5× “Under section 2-619(a)(9), defendants asserted they were immune from liability under sections 2-201 and 2-109 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-201, 2-109 (West 2010)). Defendants attached affidavits of…”
Awalt v. Marketti, 74 F. Supp. 3d 909 (N.D. Ill. 2014). · cites it 5× “The County Defendants also cite 745 ILCS 10/2-201 as providing them immunity.”
Sexton v. City of Chicago, 2012 IL App (1st) 100010 (Ill. App. Ct. 2012). · cites it 7× “Similarly, section 2-201 (745 ILCS 10/2-201 ( West 2006 )) 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…”
Spangenberg v. Verner, 747 N.E.2d 359 (Ill. App. Ct. 2001). · cites it 3× “The court found that contracting with a fixed-base operator to operate and supervise activities at the airport was a discretionary act, which made the Park District immune from liability pursuant to section 2-201 of the Tort Immunity Act (745 ILCS 10/2-201 (West 1998)).…”
Andrews v. Metro. Water Reclamation Dist. of Greater Chicago, 2019 IL 124283 (Ill. 2019). · cites it 2× “” If so, this is a clear misreading of the statute. The plain statutory language states that the act or omission giving rise to the injuries must constitute both an exercise of discretion and a determination of policy.”
Christopher R. Youker v. Edward E. Schoenenberger & Town of Milton, 22 F.3d 163 (7th Cir. 1994). · cites it 4× “Count II 12 In Count II, the plaintiff alleged that the defendants "maliciously discharged plaintiff from his employment, in violation of state and federal public policy, in retaliation for his reporting to tax assessors neighboring the TOWN OF MILTON that certain real property…”
Perfetti v. Marion Cnty., Illinois, 2013 IL App (5th) 110489 (Ill. App. Ct. 2013). · cites it 4× “uit court’s directed verdict was not based on the evidence, that Marion County did not plead or argue an affirmative defense for which a directed verdict could be granted, that it prematurely moved for a directed verdict, and that it was not immune pursuant to section 2-201 of…”
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