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Until the Legislature Acts, School Districts Have Immunity, Big Time

01 Feb 2002

Failure to provide rollerblade safety equipment was a discretionary policy determination, and a school district thus enjoys statutory immunity from liability under section 2-201 of the Tort Immunity Act (745 ILCS 10/2-201). This is so even if the plaintiff includes a boilerplate count alleging that such a failure was willful and wanton. The Illinois Supreme Court acknowledges that under this view of the Act, a school district would be immune from suit if it provided its football players with leather helmets or, worse yet, no helmets at all. But this problem is for the legislature to resolve, not the Court. Arteman v. Clinton Community Unit School District No. 15, No. 90701, 2002 WL 93122 (Jan. 25, 2002).

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