ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/2-208 (2026)

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 without probable cause

✓ current as of May 2026
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(745 ILCS 10/2-208) (from Ch. 85, par. 2-208)
    Sec. 2-208. 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 without probable cause.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 7 cases, 2002–2015 · leading case: Holland v. City of Chicago, 643 F.3d 248 (7th Cir. 2011).
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Holland v. City of Chicago, 643 F.3d 248 (7th Cir. 2011). “See 745 ILCS 10/2-208 (immunity from liability for instituting or prosecuting judicial proceeding).”
Mack Indus., Ltd. v. The Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). · cites it 3× “" 745 ILCS 10/2-208 (West 2010). ¶ 39 In this case, Mack alleged Herzog failed to issue various permits, certificates, and other forms of approval.”
Mack Indus., Ltd. v. Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). · cites it 4× “” 745 ILCS 10/2-208 (West 2010). ¶ 39 In this case, Mack alleged Herzog failed to issue various permits, certificates, and other forms of approval.”
Vill. of Sleepy Hollow v. Pulte Home Corp., 783 N.E.2d 1093 (Ill. App. Ct. 2003). · cites it 2× “Sleepy Hollow contends that the trial court erred in concluding that the issue of Sleepy Hollow's asserted immunity from liability is controlled by section 2-208 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-208 (West 2000)) (Immunity…”
Stephens v. Taylor, 771 N.E.2d 638 (Ill. App. Ct. 2002). · cites it 2× “) 745 ILCS 10/2-208 (West 2000). To prove the tort of malicious prosecution, a plaintiff is required to show the following: (1) the commencement or continuation of an original criminal or civil judicial proceeding by the defendant; (2) the termination of the proceeding in favor…”
Mack Indus., Ltd. v. The Vill. of Dolton, 2015 IL App (1st) 133620 (Ill. App. Ct. 2015). · cites it 5× “" 745 ILCS 10/2-208 (West 2010). ¶ 39 In this case, Mack alleged Herzog failed to issue various permits, certificates, and other forms of approval.”
Ross v. Mauro Chevrolet (Ill. App. Ct. 2006). “The officers further argued that sections 2- 201 (745 ILCS 10/2-201 (West 2004)), 2-204 (745 ILCS 10/2-204 (West 2004)), and 2-208 (745 ILCS 10/2-208 (West 2004)) of the Immunity Act also protected them.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.