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Illinois Compiled Statutes

745 ILCS 10/9-102 (2026)

A local public entity is empowered and directed to pay any tort judgment or settlement for compensatory damages (and may pay any associated attorney's fees and costs) for which it or an employee while acting within the scope of his employment is liable in the manner provided in this Article

✓ current as of May 2026
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(745 ILCS 10/9-102) (from Ch. 85, par. 9-102)
    Sec. 9-102. A local public entity is empowered and directed to pay any tort judgment or settlement for compensatory damages (and may pay any associated attorney's fees and costs) for which it or an employee while acting within the scope of his employment is liable in the manner provided in this Article. All other provisions of this Article, including but not limited to the payment of judgments and settlements in installments, the issuance of bonds, the maintenance of rates and charges, and the levy of taxes shall be equally applicable to judgments or settlements relating to both a local public entity or an employee and those undertakings assumed by a local public entity in intergovernmental joint self-insurance contracts. A local public entity may make payments to settle or compromise a claim or action which has been or might be filed or instituted against it when the governing body or person vested by law or ordinance with authority to make over-all policy decisions for such entity considers it advisable to enter into such a settlement or compromise.
(Source: P.A. 92-810, eff. 8-21-02.)

    
Notes of Decisions
Cited in 143 cases (47 in the last 5 years), 1994–2026 · leading case: Carver v. Sheriff of La Salle Cnty., 787 N.E.2d 127 (Ill. 2003).
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Carver v. Sheriff of La Salle Cnty., 787 N.E.2d 127 (Ill. 2003). · cites it 6× “In attempting to resolve the question of who pays official-capacity judgments in Illinois when the wrongdoer is an independently elected officer, the Seventh Circuit looked to section 9-102 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity…”
Brent Vinson v. Vermilion Cnty., Illinois, 776 F.3d 924 (7th Cir. 2015). · cites it 3× “That count also named Champaign and Vermilion Counties as parties responsible for the payment of any judgment under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/9-102 (hereafter “Tort Immunity Act”).”
Jane Doe v. City of Chicago, & Charles White, 360 F.3d 667 (7th Cir. 2004). · cites it 2× “She also named as a defendant the City of Chicago, contending that it is liable for White’s misconduct under the doctrine of respondeat superior, as codified in 745 ILCS 10/9-102; see Yang v. City of Chicago, 137 F.”
Margo Hudson v. Bryan Coleman Eric Rodgers, City of Flint, Garnishee-Appellee, 347 F.3d 138 (6th Cir. 2003). · cites it 2× “Yang then sought indemnification from the City on the basis of Illinois' indemnification statute, 745 ILCS 10/9-102, providing in pertinent part that a local public entity must pay any tort judgment against an employee "while acting within the scope of his employment.”
Askew v. Sheriff of Cook Cnty., Ill., 568 F.3d 632 (7th Cir. 2009). · cites it 2× “2001) (“Carver I” )), we held that 745 ILCS 10/9-102 required a county to pay for a judgment entered against the county sheriff in his official capacity.”
Tillman v. Burge, 813 F. Supp. 2d 946 (N.D. Ill. 2011). · cites it 3× “e imprisonment against the individual Defendants (Count VII), malicious prosecution against the individual Defendants (Count VIII), intentional infliction of emotional distress against the individual Defendants (Count IX), conspiracy against the individual Defendants (Count X),…”
Wallace v. Masterson, 345 F. Supp. 2d 917 (N.D. Ill. 2004). · cites it 6× “The complaint alleges: a § 1983 claim against Masterson for violation of Plaintiffs Fourth Amendment rights in causing Plaintiffs arrest without probable cause (Count I); a state law malicious prosecution claim against Masterson (Count II); a state law false arrest claim against…”
In Re Consol. Objections to Tax Levies of Sch. Dist. No. 205, 739 N.E.2d 508 (Ill. 2000). · cites it 3× “" 745 ILCS 10/9-102 (West 1998). It is evident from these provisions that section 9-107 sets forth a tax-levy power and section 9-102 explains the circumstances for utilizing such a tax levy.”
Horstman v. Cnty. of DuPage, 284 F. Supp. 2d 1125 (N.D. Ill. 2003). · cites it 3× “Count XVI alleges that DuPage County is hable for the actions of the other DuPage defendants under 745 ILCS 10/9-102, the Governmental Employees Tort Immunity Act.”
Margaret M. Carver & Randall S. Carmean v. Sheriff of Lasalle Cnty., Illinois, & Lasalle Cnty., Illinois, 324 F.3d 947 (7th Cir. 2003). “Its answer implies an additional point of federal law: that a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity.”
Powell v. City of Chicago, 2021 IL App (1st) 192145 (Ill. App. Ct. 2021). · cites it 3× “On appeal, Powell argues that the City can be held liable for a police officer’s sexual assault under respondeat superior and the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/9-102 (West 2018)). For the following reasons, we…”
Cooperwood v. Farmer, 315 F.R.D. 493 (N.D. Ill. 2016). · cites it 2× “Moreover, Defendants’ concern about the statute of limitations is unavailing because the limitations period for indemnity claims under 745 ILCS 10/9-102 does not accrue until judgment is entered against the government employee.”
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