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Torres v. City of Chicago9/17/2004
applies to all local public entities and public employees *." McLellan v. City of Chicago Heights, 61 F.3d 577, 578 (7th Cir. 1995). Thus, when firemen performed the police service of crowd control, section 4-102 immunity protected them from liability. McLellan, 61 F.3d at 578. "Police protection or service," within the meaning of section 4-102, includes crime prevention, crime investigation (Towner v. Board of Education of the City of Chicago, 275 Ill. App. 3d 1024, 1028 (1995)), crowd control (Cadena v. Chicago Fireworks Manufacturing Co., 297 Ill. App. 3d 945, 952 (1998)), searching for missing persons (Platacis v. Village of Streamwood, 224 Ill. App. 3d 336, 340 (1991)), and traffic control (Kavanaugh v. Midwest Club, Inc., 164 Ill. App. 3d 213, 221 (1987)). The responsibility for obtaining medical aid for injured persons involves no service characteristic of police functions. Regalado v. City of Chicago, 40 F. Supp. 2d 1009, 1017 (N.D. Ill. 1999). Section 4-102 does not immunize the officers from liability for the conduct described in the complaint and the supporting depositions and affidavits.
The City voluntarily assumed a duty to the persons injured in the shooting when it responded to the 911 call. Torres presented evidence of willful and wanton misconduct in the police response, and a finder of fact could conclude that the misconduct harmed Rivera. Because section 4-102 of the Act does not immunize the City or the officers from liability for the conduct alleged, we must reverse the summary judgment granted in favor of the City and remand for further proceedings consistent with this opinion.
Reversed and remanded.
O'MARA FROSSARD and TULLY, JJ., concur.
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