The Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”) in Illinois is codified as 745 ILCS 10. One of the enumerated immunities is discretionary immunity. This states that a public employee is not liable for an injury resulting from his act or omission when acting in the exercise of discretion, even though abused. 745 ILCS 10/2-201. In order for discretionary immunity to apply, there must be two elements present: (1) that the public employee is serving in a position involving the determination of policy or the exercise of discretion; and (2) that the decision or choices must
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