Sparks v. Starks

Plaintiff Joseph J. Sparks filed a third amended complaint alleging willful and wanton conduct in the prosecution of an adversarial proceeding against defendants Dereck Starks and Thomas Tranckitello and the City of Chicago, which employed Starks and Tranckitello as police officers. The trial court dismissed plaintiffs third amended complaint for failure to state a cause of action pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2004)) because Illinois law does not provide an independent cause of action for willful and wanton conduct and because plaintiff…