Illinois Court of Claims Opinions

Wilson v. Quinn

2013 IL App (5th) 120337 · Illinois Appellate Court, Fifth District · 2013

Holding

County sheriffs' suit over the State's failure to fund a statutory stipend was not barred by sovereign immunity at the pleading stage; the Fifth District reversed the dismissal and remanded, treating the claim as one to compel compliance with the law rather than a contract or tort claim against the State.

Context

Useful compendium of the exception's elements: illegal official act vs. State act, future compliance vs. past wrong, and that money flowing from the treasury as a consequence of compelled compliance does not itself make the suit one against the State.

officer-suit exceptionmandamusdeclaratory relief

Full opinion text: https://www.illinoiscourts.gov/Opinions/AppellateCourt/2013/5thDistrict/5120337.pdf