Kankakee County Circuit Court holds that allegations of inadequate jail supervision were barred by the Illinois Tort Immunity Act

February 6, 2023

A Jerome Combs Detention Center Corrections Officer, Chief of Corrections Chad Kolitwenzew, and Kankakee County Sheriff Michael Downey were sued by an inmate who failed to move his hand from the cell door jamb during the corrections officer’s security check. The officer shut the cell door, which allegedly resulted in an injury to the inmate’s finger.

Defendants filed a motion for summary judgment and argued that Section 2-201 of Illinois’ Tort Immunity Act completely immunizes discretionary decisions related to security protocol, and Section 4-103 completely immunizes claims regarding sufficiency of jail supervision. The Honorable J. Imani Drew of Kankakee County granted summary judgment in favor of all three defendants, holding that the inmate’s allegations were barred by the Tort Immunity Act. The Defendants were represented in the case by Hervas, Condon & Bersani attorneys Michael W. Condon and Christian E. Ketter.

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