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GREEN v. CHICAGO BOARD OF EDUCTION

No. 1-09-2313.

EMILY GREEN, Special Administrator, of the Estate of Ruben Ivy, Deceased, Plaintiff-Appellant, v. CHICAGO BOARD OF EDUCATION, a Body Politic and Corporate, Defendant-Appellee. (Delilah Smith, as Mother and Next Friend to Devonte Smith, a Minor, Defendant.

Appellate Court of Illinois, First District, Second Division.

February 22, 2011.

Attorney(s) appearing for the Case

Muslin & Sandberg, (Craig M. Sandberg, of counsel), 19 S. LaSalle Street, Suite 700, Chicago, Illinois. for Appellant.

Patrick J. Rocks, General Counsel, (William A. Morgan and Tara M. Alhofen, of counsel, Board of Education of the City of Chicago, Law Department, 125 South Clark Street, Suite 700, Chicago, Illinois, for appellee.

OPINION

JUSTICE HARRIS delivered the judgment of the court, with opinion.

Presiding Justice Cunningham and Justice Connors concurred in the judgment and opinion.

In this appeal we are called upon to determine whether defendant, the Chicago Board of Education (Board), is immune under section 4-102 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/4-102 (West 2008)) from claims of willful and wanton misconduct...

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