Andrade v. City of Kankakee

Plaintiffs, who were victims of a shooting near the Kankakee County courthouse, filed a complaint alleging wrongful death and negligent infliction of emotional distress against the City of Kankakee and its police officers as well as the Kankakee County Sheriff. The trial court granted defendants’ motion to dismiss brought pursuant to sections 4-102 and 2-202 of the Local Government and Governmental Employees Tort Immunity Act. Plaintiffs appealed, arguing the trial court erred when it dismissed the case pursuant to section 2-619 or, in the alternative, that the trial court should have granted plaintiffs leave to amend their complaint. The appellate court affirmed, finding that section 4-102 provides absolute immunity for police protection services and that the failure to provide adequate police protection services also falls under the immunity contained in section 4-102. The appellate court also concluded that the trial court did not abuse its discretion when it denied plaintiffs leave to amend their complaint because plaintiffs did not provide any proposed facts that would have cured the defect in their pleadings. (HETTEL and DAVENPORT, concurring)