Illinois Compiled Statutes
745 ILCS 10/4-105 (2026)
Neither a local public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a prisoner in his custody; but this Section shall not apply where the employee, acting within the scope of his employment, knows from his observation of conditions that the prisoner is in need of immediate medical care and, through willful and wanton conduct, fails to take reasonable action to summon medical care
✓ current as of May 2026
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(745 ILCS 10/4-105)
(from Ch. 85, par. 4-105)
Sec. 4-105.
Neither a local public entity nor a public employee is liable
for injury proximately caused by the failure of the employee to furnish or
obtain medical care for a prisoner in his custody; but this Section shall not
apply where the employee, acting within the scope
of his employment, knows
from his observation of conditions that the prisoner is in
need of immediate medical care
and, through willful and wanton conduct, fails to take reasonable
action to summon medical care. Nothing in this
Section requires the periodic inspection of prisoners.
(Source: P.A. 84-1431.)
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 1993–2025 · leading case: Zimmerman v. Vill. of Skokie, 697 N.E.2d 699 (Ill. 1998).
Zimmerman v. Vill. of Skokie, 697 N.E.2d 699 (Ill. 1998). “See 745 ILCS 10/4-105 (West 1996). In sum, I agree with the result reached by the appellate court, but for different reasons.”
Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). “, 745 ILCS 10/4-105 (West 2010) (“Neither a local public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a prisoner in his custody; but this Section shall not apply where the employee,…”
Harinek v. 161 North Clark Street Ltd. P'ship, 692 N.E.2d 1177 (Ill. 1998). “1997); 745 ILCS 10/4-105, Historical & Statutory Notes, at 868 (Smith-Hurd 1993)), but none of those amendments have limited or altered the special duty exception in any way.”
Est. of Gomes v. Cnty. of Lake, 178 F. Supp. 3d 687 (N.D. Ill. 2016). “The Lake County defendants are entitled to judgment as a . matter of law on these claims.”
Wright-Young v. Chicago State Univ., 2019 IL App (1st) 181073 (Ill. App. Ct. 2020). “Compare 745 ILCS 10/4-105 (West 2012) (no liability for the negligent failure to provide medical care to a prisoner in custody), with id.”
Cooper v. Off. of the Sheriff of Will Cnty., 333 F. Supp. 2d 728 (N.D. Ill. 2004). “ion to dismiss Counts I and II argues that defendants are immune from liability under the Tort Immunity Act, 745 ILCS 10/4-105, which provides: Neither a local public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish…”
Wright-Young v. Chicago State Univ., 2019 IL App (1st) 181073 (Ill. App. Ct. 2019). “Compare 745 ILCS 10/4-105 (West 2012) (no liability for the negligent failure to provide medical care to a prisoner in custody), with 745 ILCS 10/4-106(b) (West 2012) (blanket immunity for “[a]ny injury inflicted by an escaped or escaping prisoner”).”
Havey v. Cnty. of DuPage, 820 F. Supp. 359 (N.D. Ill. 1993). “With regard to both state law claims, the defendants state that Havey has failed to demonstrate the willful and wanton conduct necessary under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/4-105, to impose liability on governmental employees.”
Hoffman v. Dupage Cnty. Illinois (N.D. Ill. 2018). “Another section, 745 ILCS 10/4-105, shields a public employee from liability for any injury caused by the employee’s failure to furnish or obtain medical care for a prisoner, unless the employee “knows from his observation of conditions that the prisoner is in need of immediate…”
McWilliams v. Dep't of Cook Cnty. Jail (N.D. Ill. 2018). “745 ILCS 10/4-105 (“[T]his Section shall not apply where the employee, acting within the scope of his employment, knows from his observation of conditions that the prisoner is in need of immediate medical care and, through willful and wanton conduct, fails to take reasonable…”
Sonntag v. Cook Cnty., a Mun. Corp.,et al (N.D. Ill. 2022). “See 745 ILCS 10/4-105 (exception for willful and wanton conduct).”
Banks v. Dart (N.D. Ill. 2023). “745 ILCS 10/4-105; Cook County Defs.’ Memo.”
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