ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/4-107 (2026)

Neither a local public entity nor a public employee is liable for an injury caused by the failure to make an arrest or by releasing a person in custody

✓ current as of May 2026
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(745 ILCS 10/4-107) (from Ch. 85, par. 4-107)
    Sec. 4-107. Neither a local public entity nor a public employee is liable for an injury caused by the failure to make an arrest or by releasing a person in custody.
(Source: Laws 1965, p. 2983.)


 
    (745 ILCS 10/Art. V heading)
ARTICLE V - FIRE PROTECTION AND RESCUE SERVICES

    
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2003–2023 · leading case: Moore v. Green, 848 N.E.2d 1015 (Ill. 2006).
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Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). · cites it 3× “Section 4-102 of the Tort Immunity Act provides: "Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure to provide…”
Prough v. Madison Cnty., 2013 IL App (5th) 110146 (Ill. App. Ct. 2013). · cites it 2× “circuit court determined that the defendants owed no duty to protect -4- the decedent from Mark’s criminal act, that because the order, dated May 18, 2009, needed interpretation, the sheriff’s deputy exercised discretion and the defendants were therefore immune under the Tort…”
Glover v. City of Chicago, 2023 IL App (1st) 211353 (Ill. App. Ct. 2023). “The Court further finds that while 745 ILCS 10/2-202, 745 ILCS 10/4-102 and 745 ILCS 10/4-107 may apply, 4-102 and 4-107 are the more specific immunities that apply to the plaintiff’s complaint.”
Rodriguez v. Vill. of Park Forest, 2021 IL App (1st) 201269-U (Ill. App. Ct. 2021). “¶ 18 The defendants assert, among other arguments, that they are entitled to immunity under other provisions of the Tort Immunity Act, including section 4-102 (745 ILCS 10/4-102 (West 2016)), which provides immunity for failure to provide adequate police protection or service,…”
Ries v. City of Chicago, 950 N.E.2d 631 (Ill. 2011). “Oliva alleged that he was immune under section 4-106(b), which immunizes municipalities and employees from liability for injuries inflicted by an escaped or escaping prisoner.”
Marsh v. Caruana (N.D. Ill. 2022). “However, the court will give plaintiff three weeks to file an amended complaint if he desires to do so and if he can do so consistent with this order.”
Keener v. City of Herrin (Ill. App. Ct. 2008). “" 745 ILCS 10/4-107 (West 2006). This section also provides absolute immunity.”
Ozik v. Gramins Modified upon Denial of Rehearing (Ill. App. Ct. 2003). “" 745 ILCS 10/4-107 (West 1994). In addition, section 2-202 of the Act provides: "A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.”
Moore v. Chicago Police Dep't Officer Green (Ill. App. Ct. 2004). “Immunity Act provides that: "Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure to provide adequate police protection…”
Abruzzo v. City of Park Ridge (Ill. App. Ct. 2007). “1-06-2116 745 ILCS 10/4-107 (West 2002). The court noted that both these sections provided absolute immunity.”
Lacey v. Vill. of Palantine (Ill. App. Ct. 2008). “" 745 ILCS 10/4-107 (West 2006). “Both sections offer absolute immunity.”
Ries v. City of Chicago - Corrected 12/28/09 (Ill. App. Ct. 2009). “(745 ILCS 10/4-102 (West 2006)), which immunizes municipalities and employees from liability for failure to provide adequate police protection or service or failure to prevent a crime, and section 4-107 of the Tort Immunity Act, which immunizes municipalities and employees from…”
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