Jane Doe-3 v. McLean County Unit District No. 5 Board of Directors

Illinois Supreme Court
Civil Court
Tort Immunity Act
Case Number: 
2012 IL 112479
Decision Date: 
Thursday, August 9, 2012
4th Dist.
Champaign Co.
Appellate court affirmed; circuit court reversed; remanded.
Defendants School District and School Board owed Plaintiffs, elementary school students who had been molested by their teacher who was formerly employed by Defendants, a duty, given public policy concerns for protection of children from dangers of sex offenders. Having undertaken affirmative act of filling out teacher's employment verification form, for his seeking of employment in another county's school district, under these circumstances Defendants had duty to use reasonable care in ensuring that information was accurate. Section 2-204 of Tort Immunity Act is inapplicable, as Plaintiffs do not claim that Defendants are vicariously liable for teacher's conduct. Tort Immunity Act contains no exception for willful and wanton conduct. (KILBRIDE and THOMAS, concurring; FREEMAN, specially concurring; GARMAN, concurring in part and dissenting in part; KARMEIER and THEIS, dissenting.)