Summary
The Illinois Supreme Court held that a school district was immune under section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act for its principal's discretionary decision to deny a student's request for early dismissal during inclement weather. The court concluded that the principal's decision involved a determination of policy and reversed the appellate court, affirming summary judgment for the school district. A special concurrence agreed with the result on the alternative ground that the district's conduct was not the proximate cause of the plaintiff's injuries.
Holdings
- A principal's decision to deny an individual student's request for early dismissal during deteriorating weather conditions was both an exercise of discretion and a determination of policy under section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act.
- The school district was entitled to immunity under sections 2-201 and 2-109 of the Local Governmental and Governmental Employees Tort Immunity Act.
Questions Presented
- Whether the school principal's decision to deny Joshua Davis's request for an individual early dismissal was both a policy determination and an exercise of discretion protected by section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act.
- Whether the school district was entitled to derivative immunity under section 2-109 because its employee was immune under section 2-201.
- Whether summary judgment was proper on the record before the court.
Disposition
reversed
Cases Cited (26)
- Busch v. Graphic Color Corp., 169 Ill. 2d 325, 662 N.E.2d 397 (1996)(followed)
- Purtill v. Hess, 111 Ill. 2d 229, 489 N.E.2d 867 (1986)(followed)
- Carruthers v. B.C. Christopher & Co., 57 Ill. 2d 376, 313 N.E.2d 457 (1974)(followed)
- Fitzpatrick v. Human Rights Commission, 267 Ill. App. 3d 386, 642 N.E.2d 486 (1994)(followed)
- Zekman v. Direct American Marketers, Inc., 182 Ill. 2d 359, 695 N.E.2d 853 (1998)(followed)
- Molitor v. Kaneland Community Unit District No. 302, 18 Ill. 2d 11, 163 N.E.2d 89 (1959)(followed)
- Burdinie v. Village of Glendale Heights, 139 Ill. 2d 501, 565 N.E.2d 654 (1990)(followed)
- Epstein v. Chicago Board of Education, 178 Ill. 2d 370, 687 N.E.2d 1042 (1997)(followed)
- Harinek v. 161 North Clark Street Ltd. Partnership, 181 Ill. 2d 335, 692 N.E.2d 1177 (1998)(followed)
- In re Chicago Flood Litigation, 176 Ill. 2d 179, 680 N.E.2d 265 (1997)(followed)
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