Appellate Court of Illinois

In an action claiming violations of the Illinois Domestic Violence Act by failing to protect two victims after learning of a plan to have one of the victims murdered, granting of defendant's motion to dismiss is reversed as to the first victim where: 1) the Tort Immunity Act does not override the Domestic Violence Act; and 2) plaintiffs' allegations of defendants' willful and wanton conduct in the enforcement of the Domestic Violence Act were sufficient to survive defendants' motion to dismiss. Granting of defendant's motion to dismiss is affirmed as to the second victim where that victim was not a protected person under the Act.

Appellate Information

• Decided 02/04/2008
• Published 02/20/2008

Judges

Court

• Appellate Court of Illinois

Counsel