Hamilton v. State

In Hamilton v. State (1987) 40 Ill. Ct. Cl. 191, no negligence was found when claimant's nose was struck by ricochet after a warning shot was fired into the ceiling just five seconds after the guard observed the fight. The Court held that notwithstanding the fact that the officer may have been hasty in deciding to fire, the officer has wide range of discretion. Even if he exercised bad judgment this is not necessarily exceeding the limits of his discretion or abusing his discretion. However hasty the officer may have been in firing the warning shot his testimony makes clear that he himself thought that it was a necessary action to take. The claim was denied Id at 195.