Mulvey v. Carl Sandburg High School

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2016 IL App (1st) 151615
Decision Date: 
Friday, October 28, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
DELORT

Parents filed suit against high school and district officials and basketball coaches for injuries their 2 daughters allegedly sustained as result of school bullying. Court properly granted Defendants' motion for judgment on pleadings as to counts for breach of contract, and dismissed count for willful and wanton conduct. Student handbooks, as to anti-bullying policy, do not create offer sufficient to support valid contract between the parties. Implementation of disciplinary policy involves more than a ministerial task. Discretionary activity provision of Tort Immunity Act bars claim.(HOFFMAN and ROCHFORD, concurring.)