The Scope of the Public Duty/Special Duty Doctrine in Illinois: Municipal Liability for Failure to Provide Police Protection

Abstract

This comment examines the development of the public duty doctrine and its special duty exception. It focuses on Illinois' treatment of the special duty exception and its application in cases involving an alleged failure of a municipality to provide police protection. The author concludes that the "control" element of Illinois' special duty test is overly restrictive, and advocates a balancing approach in its place.