Martinez v. The Cook County Sheriff’s Office

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2017 IL App (3d) 160514
Decision Date: 
Friday, October 6, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Plaintiff filed action under Income Withholding for Support Act to obtain a money judgment of over $50,000 for Defendants' failure to withhold $1,600 in maintenance from Plaintiff's ex-husband's paychecks. Court properly granted Defendants' Section 2-619 motion to dismiss, as money judgment was barred by immunity for Defendants under Section 2-102 of Tort Immunity Act. Section 35 statutory penalty of Withholding Act constitutes punitive damages for purposes of Section 2-102 of Tort Immunity Act.(HOLDRIDGE and WRIGHT, concurring.)