Moore v. Chicago Police Department Officer Christopher Green

This is a permissive interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). The certified question before us is whether section 4 — 102 or 4 — 107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/ 4 — 102, 4 — 107 (West 2002)) provides absolute immunity to a municipality and its police officers who are alleged to have willfully and wantonly failed to prevent a crime against a victim of domestic violence. For the reasons that follow, we answer the question in the negative and remand the matter to the circuit court.

The facts…