Publications

Frank v. Garnati

Illinois Appellate Court
Civil Court
Malicious Prosecution
Citation
Case Number: 
2013 IL App (5th) 120321
Decision Date: 
Friday, May 17, 2013
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Affirmed.
Justice: 
WELCH
Prosecutors acting in the course of their duties have absolute immunity from all acts, including malicious acts. This immunity is not lessened by Tort Immunity Act, and Tort Immunity Act does not create liability for prosecutors. Court properly dismissed complaint for malicious prosecution against State's Attorney which alleged that criminal charge was filed for improper motive. (STEWART and CATES, concurring.)