Keener v. CITY OF HERRIN

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION

The substantive issue presented for our consideration, as framed by the appellant, City of Herrin, is “[wjhether the provision of Chapter 745 ILCS Section 10/4 — 107[,] which grants absolute immunity to a local public entity for releasing a person in custody[,] is applicable to the factual situation herein *** which involves an occurrence at which time the police were neither in control or present at the accident scene.” Like the appellate court (385 Ill. App. 3d…