Is the sherriff department liable for not mandating a DUI kit at a hospital?

The question posed is one controlled by case law and statute. Statutes in Illinois define the nature of tort liability for counties, cities, villages and even the State of Illinois. Cases handed down by the courts on the appellate level interpret those statutes. Policies of various governmental entities are influenced by those cases.

Your question is very sophisticated. A full answer to it would require a good bit of legal research. If I had a fact pattern posed to me in connection with a matter in which I had been retained, I might want to do this kind of research. In a general academic sense, no lawyer who practices full time would have the inclination to do this kind of research gratuitously.

Having represented several suburban cities over the years, I could shoot from the hip as to the cities I've represented, but were I to do so, I might be subject to criticism for violation of attorney-client privilege as to those cities.

If interested, contact me with more facts on my website for answers.

Donald Nathan
www.donaldnathanlaw.com