ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/4-101 (2026)

As used in this Article, "prisoner" means a person held in custody

✓ current as of May 2026
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(745 ILCS 10/4-101) (from Ch. 85, par. 4-101)
    Sec. 4-101. As used in this Article, "prisoner" means a person held in custody.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2008–2022 · leading case: Robinson v. Vill. of Sauk Vill., 2022 IL 127236 (Ill. 2022).
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Robinson v. Vill. of Sauk Vill., 2022 IL 127236 (Ill. 2022). · cites it 4× “¶ 10 (quoting 745 ILCS 10/4-101 (West 2016)). Contrary to defendants’ argument, the appellate court determined that a mere show of authority by police officers is not sufficient to establish physical custody.”
Townsend v. City of Chicago, 2019 IL App (1st) 180771 (Ill. App. Ct. 2021). “at 216 (quoting 745 ILCS 10/4-101 (West 2008)). After noting that the Tort Immunity Act did not define the term “custody,” the court referred to Black’s Law Dictionary.”
Robinson v. Vill. of Sauk Vill., 2021 IL App (1st) 200223 (Ill. App. Ct. 2021). “” ¶ 10 Section 4-106(b) of the Tort Immunity Act provides, in relevant part: “Neither a local public entity nor a public employee is liable for: *** (b) Any injury inflicted by an escaped or escaping prisoner.”
Schultz v. St. Clair Cnty., 2020 IL App (5th) 190256 (Ill. App. Ct. 2020). “(West 2016)), or medical, hospital, and public health activities as are addressed in article VI of the Tort Immunity Act (745 ILCS 10/6-101 et seq.”
Townsend v. City of Chicago, 2019 IL App (1st) 180771 (Ill. App. Ct. 2019). “at 216 (quoting 745 ILCS 10/4-101 (West 2008)). After noting that the Tort Immunity Act did not define the term “custody,” the court referred to Black’s Law Dictionary.”
Ries v. City of Chicago, 950 N.E.2d 631 (Ill. 2011). “" 745 ILCS 10/4-101 (West 2008). There can be no doubt that Lowe was an escaping prisoner under this section.”
Townsend v. City of Chicago, 2019 IL App (1st) 180771 (Ill. App. Ct. 2019). “at 216 (quoting 745 ILCS 10/4-101 (West 2008)). After noting that the Tort Immunity Act did not define the term “custody,” the court referred to Black’s Law Dictionary.”
Bones v. City of Bloomington, 2022 IL App (4th) 210539-U (Ill. App. Ct. 2022). “” -3- Ultimately, the court found the driver was an escaping prisoner within the context of the Tort Immunity Act (745 ILCS 10/4-101 (West 2020)) and therefore, defendant was immune from liability for plaintiff’s injuries pursuant to section 4-106(b) of the Tort Immunity Act.”
Lacey v. Vill. of Palantine (Ill. App. Ct. 2008). “Defendants' motion to dismiss relied on immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/4-101 et seq. (West 2006)) and the Domestic Violence Act (750 ILCS 60/305 (West 2006)).”
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