How should defendant Smith and defendant Kenilworth Police Department assert defenses based on the following:

1. state law:

"A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct." 745 ILCS 10/2-202 (West 1994).

2. federal law

Police officers enjoy qualified immunity from a civil rights suit under § 1983 when reasonable police officers, in the same circumstances and possessing the same knowledge as the acting officer, could have believed there was probable cause to engage in the conduct occurring in an arrest or traffic stop.