ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/4-103 (2026)

Neither a local public entity nor a public employee is liable for failure to provide a jail, detention or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, supervision or facilities therein

✓ current as of May 2026
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(745 ILCS 10/4-103) (from Ch. 85, par. 4-103)
    Sec. 4-103. Neither a local public entity nor a public employee is liable for failure to provide a jail, detention or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, supervision or facilities therein. Nothing in this Section requires the periodic inspection of prisoners.
(Source: P.A. 84-1431.)

    
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1997–2022 · leading case: Awalt v. Marketti, 74 F. Supp. 3d 909 (N.D. Ill. 2014).
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Awalt v. Marketti, 74 F. Supp. 3d 909 (N.D. Ill. 2014). · cites it 4× “The Correctional Officers and the Sheriffs Office are also not entitled to immunity under 745 ILCS 10/4-103, as the County Defendants contend.”
Robinson v. Vill. of Sauk Vill., 2022 IL 127236 (Ill. 2022). “See 745 ILCS 10/4-103 (West 2016) (granting immunity for failure to provide jails or correctional facilities and stating that “[n]othing in this Section requires the periodic inspection of prisoners”); id.”
Schneider v. Cnty. of Will, 528 F. App'x 590 (7th Cir. 2013). “Although we signaled in our previous decision that quasi-judicial immunity seemed an ill fit for this case, the district court nevertheless relied on that ground in dismissing this claim against the warden.”
Cooper v. Off. of the Sheriff of Will Cnty., 333 F. Supp. 2d 728 (N.D. Ill. 2004). “745 ILCS 10/4-103 provides: "Neither a local public entity nor a public employee is liable for failure to provide a jail, detention or correctional facility, or if such a facility is provided, for failure to provide sufficient equipment, personnel, supervision or facilities…”
Black v. Dart, 2015 IL App (1st) 140402 (Ill. App. Ct. 2015). “" 745 ILCS 10/4-103 (West 2010); Jefferson v.”
Black v. Dart, 2015 IL App (1st) 140402 (Ill. App. Ct. 2015). “” 745 ILCS 10/4-103 (West 2010); Jefferson v.”
Egebergh v. Sheahan, 955 F. Supp. 965 (N.D. Ill. 1997). “Negligence Claims Sheriff urges that Counts II and III must be dismissed because he is immune from tort liability for negligence on the facts of this case under Sections 4-103 and 4-105 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act (“Tort…”
Hoffman v. Dupage Cnty. Illinois (N.D. Ill. 2018). · cites it 2× “Defendants ask the court to dismiss these allegations on the basis of the Illinois Tort Immunity Act, 745 ILCS 10/4-103 and 745 ILCS 10/4-105. Defendants emphasize that Plaintiff has also alleged, as a separate count, willful and wanton misconduct (Count V), so her negligence…”
Bradford v. City of Chicago, a Mun. Corp. (N.D. Ill. 2021). “See 745 ILCS 10/4-103 (“Neither a local public entity nor a public employee is liable for failure to provide a jail, detention or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, supervision or facilities therein.”
Glaus v. Monroe Cnty., Illinois (S.D. Ill. 2022). “5 Having reached this conclusion, the Court finds it unnecessary to address Defendants’ alternative arguments to dismiss Count IV based on the immunity provision in 745 ILCS 10/4-103 and related sections (Doc.”
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