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Illinois Compiled Statutes

745 ILCS 10/2-202 (2026)

A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct

✓ current as of May 2026
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(745 ILCS 10/2-202) (from Ch. 85, par. 2-202)
    Sec. 2-202. A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.
(Source: P.A. 84-1431.)

    
Notes of Decisions
Cited in 135 cases (28 in the last 5 years), 1993–2026 · leading case: Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012).
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Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). · cites it 4× “, 745 ILCS 10/2-202 (West 2010) (“A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.”
Barnett v. Zion Park Dist., 665 N.E.2d 808 (Ill. 1996). · cites it 4× “" 745 ILCS 10/2-202 (West 1992). This section immunizes liability for negligence and expressly does not immunize liability for willful and wanton misconduct.”
Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001). · cites it 3× “, 745 ILCS 10/2-202, 2-210, 3-106, 3-109(c)(2), 4-105, 5-103(b), 5-106 (West 1992).”
Hudson v. City of Chicago, 881 N.E.2d 430 (Ill. App. Ct. 2007). · cites it 5× “" 745 ILCS 10/2-202 (West 2004). Section 2-109 states: "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.”
Davis v. The City of Chicago, 2014 IL App (1st) 122427 (Ill. App. Ct. 2014). · cites it 4× “” 745 ILCS 10/2-202 (West 2002). The City asserted immunity under section 2-109 of the Act, which provides 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.”
Leone v. City of Chicago, 619 N.E.2d 119 (Ill. 1993). · cites it 3× “The City argues, in the alternative, that even if the special duty exception is constitutional, it should still be interpreted to require a showing that the misdeeds of the offending public employee were willful and wanton within the meaning of section 2-202 of the Local…”
Ware v. City of Chicago, 873 N.E.2d 944 (Ill. App. Ct. 2007). · cites it 5× “" 745 ILCS 10/2-202 (West 2002). In Doe , Jane Doe was sexually assaulted and threatened by an intruder in her apartment, as her two children looked on.”
Suwanski v. Vill. of Lombard, 794 N.E.2d 1016 (Ill. App. Ct. 2003). · cites it 2× “" 745 ILCS 10/2-202 (West 1998). The Tort Immunity Act further defines willful and wanton conduct as "a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety…”
Hernandez v. Cook Cnty. Sheriff's Off., 634 F.3d 906 (7th Cir. 2011). “In characterizing the § 1983 conspiracy claim as based on political retaliation rather than free speech retaliation, we rely on the district court’s description in its summary judgment memorandum.”
DeSMET EX REL. v. Cnty. of Rock Island, 848 N.E.2d 1030 (Ill. 2006). “This court's decision in Doe suggests—without ever stating—that Officer Horka, the supervising officer in control of the crime scene, was engaged in the "execution or enforcement" of the law for purposes of section 2-202.”
Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). “Compare 750 ILCS 60/305 (West 2002) ("Any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her…”
Mack Indus., Ltd. v. The Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). · cites it 4× “" 745 ILCS 10/2-202 (West 2010). Mack also relies on section 2-208, which provides "[a] public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, unless he acts maliciously and…”
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