Glover v. City of Chicago

Plaintiff sued the City of Chicago, two police officers, and two city employees for injuries he suffered when he was shot by a third party, which plaintiff argued was the result of the negligent and willful and wanton conduct of the police officers. The trial court dismissed the suit, finding that the defendants were immune pursuant to section 4-102 of the Local Governmental and Tort Immunity Act. The appellate court affirmed in part and reversed in part, finding that the trial court properly denied defendant’s motion to dismiss pursuant to section 2-615, but reversing the trial court’s dismissal pursuant to section 2-619 by finding that the question of whether the officers were executing or enforcing any law at the time of the occurrence was a question of fact. (C.A. WALKER and TAILOR, concurring)