Docket No. 107658.
THE STATE OF ILLINOIS
JENNIFER KEENER, Appellee, v. THE CITY OF HERRIN,
Opinion filed October 8, 2009.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Burke concurred in the judgment and opinion.
The substantive issue presented for our consideration, as framed
by the appellant, City of Herrin, is “[w]hether the provision of Chapter
745 ILCS Section 10/4–107[,] which grants absolute immunity to a
local public entity for releasing a person in custody[,] is applicable to
the factual situation herein *** which involves an occurrence at which
time the police were neither in control or present at the accident
scene.” Like the appellate court (385 Ill. App. 3d 545), we have
ordered the parties to submit briefs addressing the issue of jurisdiction;
unlike the appellate court (see 385 Ill. App. 3d at 553), we find that
the circuit court lacked jurisdiction to entertain a motion to reconsider
filed by plaintiff and, consequently, plaintiff’s appeal was not timely
filed. We therefore vacate the judgments of the circuit court and