High court: Suburban cops suit-proof in stalker death

SPRINGFIELD - The family of a murdered Glenview woman cannot sue the Palatine and Glenview police for failing to protect her, the Illinois Supreme Court said Friday.

A unanimous court ruled police did not have a special obligation to protect Mary Lacey even though she had an order of protection in effect against Steven Zirko, her alleged killer.

The family's lawsuit claimed a state domestic violence act essentially obligated police officers who have been alerted to potential violence to take "reasonable measures" to protect victims. The family alleges the police agencies were tipped off to a murder-for-hire plot involving Zirko.

However, the court found that interpretation of the law placed an impossible burden on police.

"While the Act can require police intervention under certain circumstances, there is no generalized, open-ended duty to protect victims of domestic violence," wrote Justice Rita B. Garman.

"If this court were to hold to the contrary, we would create a generalized duty by all law enforcement agencies and personnel toward anyone who has been abused by a family or household member regardless of whether the police have reason to know that their services may be required," Garman wrote.

Given that there are about twice as many orders of protection than police officers in Illinois, the police could never possibly protect everyone, the court said.

"From the beginning of this lawsuit Palatine believed that its officers properly handled the investigation," said Jennifer Medenwald, the attorney who represented the village before the court. "The Village of Palatine is very pleased with the Supreme Court's decision."

A lawyer for the Laceys did not return a telephone call seeking comment.

Lacey, 38, and her mother, Margaret Ballog, 60, were found dead Dec. 13, 2004, at Lacey's Glenview home.

A trial court initially dismissed the family's lawsuit, but an appeals court decision in February 2008 allowed part of it to go forward. Friday's Supreme Court ruling dismisses the suit for good.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Related documents</h2> <ul class="morePdf"> <li><a href="/pdf/lacey.pdf">Full text of Ill. Supreme Court decision </a></li> </ul> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=273153">Illinois Supreme Court to rule on suburban murder case <span class="date">[02/18/09]</span></a></li> <li><a href="/story/?id=228847">Start date finally set for trial in 2004 double slaying<span class="date">[08/20/09]</span></a></li> <li><a href="/story/?id=128805">Family can sue police for failure to prevent killing <span class="date">[02/06/08]</span></a></li> <li><a href="/story/?id=128215">More charges for jailed man<span class="date">[02/05/08]</span></a></li> <li><a href="/story/?id=128219">Man charged with soliciting killing of estranged girlfriend<span class="date">[02/05/08]</span></a></li> <li><a href="/story/?id=128218">Chiropractor warned police of plot<span class="date">[02/05/08]</span></a></li> <li><a href="/story/?id=128217">Family of slain victims hears indictment of suspect <span class="date">[02/05/08]</span></a></li> <li><a href="/story/?id=128217">Family of slain victims hears indictment of suspect <span class="date">[02/05/08]</span></a></li> </ul> </div> </div> </div>