Robles v. The City of Chicago

Wrongful death suit filed alleging willful and wanton misconduct when police officer shot twice in the back and killed a man who stopped and run away after car chase. Videorecording from business at scene later disappeared. Potential conflicts between testimony of officers and physical evidence presents a triable issue as to whether police acted willfully and wantonly when they shot decedent twice in the back, and impounded and later destroyed his car. If willful and wanton conduct is proven, estate may recover damages under Section 2-202 of Tort Immunity Act. (HYMAN and PUCINSKI, concurring.)