Illinois Compiled Statutes

745 ILCS 10/2-204 (2026)

Except as otherwise provided by statute, a public employee, as such and acting within the scope of his employment, is not liable for an injury caused by the act or omission of another person

✓ current as of May 2026
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(745 ILCS 10/2-204) (from Ch. 85, par. 2-204)
    Sec. 2-204. Except as otherwise provided by statute, a public employee, as such and acting within the scope of his employment, is not liable for an injury caused by the act or omission of another person.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1997–2025 · leading case: Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012).
Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). · cites it 2× “” 745 ILCS 10/2-204 (West 2010). Section 2-204 provides immunity from vicarious liability claims.”
Awalt v. Marketti, 74 F. Supp. 3d 909 (N.D. Ill. 2014). · cites it 3× “Under 745 ILCS 10/2-204, “a public employee, as such and acting within the scope of his employment, is not hable for an injury caused by the act or omission of another person,” “[e]xcept as otherwise provided by statute.”
Masters v. Murphy, 2020 IL App (1st) 190908 (Ill. App. Ct. 2020). “” 745 ILCS 10/2-204 (West 2016). Clear from its language, section 2-204 “provides immunity from vicarious liability claims.”
Rodney Woidtke v. St. Clair Cnty., Illinois, St. Clair Cnty. Pub. Def.'s Off., Brian K. Trentman, 335 F.3d 558 (7th Cir. 2003). “Attorney Lopinot also asserted immunity under 745 ILCS 10/2-201 (“Determination of policy or exercise of discretion”) and 745 ILCS 10/2-204 (“Acts or omissions of another person”).”
Smith v. City of Chicago, 143 F. Supp. 3d 741 (N.D. Ill. 2015). “” 745 ILCS 10/2-204; see also Doe v. Village of Arlington Heights, 782 F.”
Carroccia v. Anderson, 249 F. Supp. 2d 1016 (N.D. Ill. 2003). “Citing the Illinois Local Governmental Tort Immunity Act, 745 ILCS 10/2-204 (“a public employee ...”
Payne v. Churchich, 161 F.3d 1030 (7th Cir. 1999). “See 745 ILCS 10/2-204 (providing that a public employee is "not liable for an injury caused by the act or omission of another person").”
Sablik v. Cnty. of De Kalb, 2019 IL App (2d) 190293 (Ill. App. Ct. 2021). “) 745 ILCS 10/2-204 (West 2018). Section 2-204 does not immunize the County, and because it does not apply, section 2-109 does not apply.”
Payne v. Churchich, 161 F.3d 1030 (7th Cir. 1998). “See 745 ILCS 10/2-204 (providing that a public employee is “not liable for an injury caused by the act or omission of another person”).”
Masters v. Murphy, 2020 IL App (1st) 190908 (Ill. App. Ct. 2020). · cites it 2× “Therein, Murphy argued that the complaint should be dismissed pursuant to section 2-619 (735 ILCS 5/2-619 (West 2016)) because she had either absolute or qualified immunity under sections 2-204 and 2-210 of the Tort Immunity Act (745 ILCS 10/2-204, 2-210 (West 2016)). Murphy…”
McKinney v. Franklin Cnty. Illinois (S.D. Ill. 2019). · cites it 2× “745 ILCS 10/2-204, 10/2-202, and 10/4-103.”
Ferrari v. The Vill. of Glen Carbon, 2023 IL App (5th) 210375-U (Ill. App. Ct. 2023). “’ ” They argued that, as such, the conduct of individual employees was immune from liability under section 2-204 of the Local Governmental and Local Governmental Employees Tort Immunity Act (745 ILCS 10/2-204 (West 2016)) and that this immunity extended to the entities named as…”
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