HENRY L. BURKE, Appellee, v. 12 ROTHSCHILD'S LIQUOR MART, INC., et al. (The City of Chicago, Appellant)., 148 Ill. 2d 429

Summary

The city police officers alleged that the trial court erred by ruling that as a matter of law the customer was not negligent compared with the city police officers, and that the appellate court erred further by ruling that negligence could never be compared with willful and wanton conduct. According to Ill. Rev. Stat. 1987, ch. 85, para. 2-202, a public employee was not liable for an act or omission in the execution or enforcement of any law unless such act or omission constituted willful and wanton conduct. The court concluded that the actions of the city police officers of dragging the customer from the store and throwing him into the paddy wagon despite the customer's statement that he was hurt was willful and wanton conduct. The court held that the legislature did not intend to shield municipalities whose conduct showed deliberate intention to cause harm or a complete indifference to the safety of others. The court held that the qualitative difference in the city police's conduct ...