WILLIAM HICKS, Claimant, v . NORTHEASTERN ILLINOIS UNIVERSITY, BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES, NORTHEASTERN ILLJNOISUNIVERSITY PRINT, Respondents.

Case summary

Claimant brought a tort claim against Northeastern Illinois University, the Board of Governors, and the student newspaper. The court dismissed the claim for lack of jurisdiction, finding the newspaper was not an agent of the Board or University and received no state funds, and the Board was an improper party.

Claim type: Other

Statutes cited: Ill. Rev. Stat., ch. 37, par. 439.8(d)

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Headnotes

NEGLIGENCE-Chim against student newspaper-paper not agent of State-no jurisdiction-claim dismissed. A tort claim against a student newspaper at a State university was dismissed for lack of jurisdiction, since the Court of Claims has exclusive jurisdiction over tort claims only against the Board of Governors of State Colleges and Universities and the newspaper was not an agent of the Board and did not receive direct State general revenue funds, therefore the Court had no jurisdiction over the newspaper and the Board was an improper party.

CALVITA J. FREDERICK & ASSOCIATES, P.C. (CALVITA J. FREDERICK, of counsel), for Claimant. NEIL F. HARTIGAN, Attorney General, and DUNN, GOEBEL, ULBRICH, MOREL & HUNDMAN (HELEN OGAR, of counsel), for Respondents.

DILLARD, J.

This cause coming on to be heard on the Respondent’s motion to dismiss and following oral argument, due notice having been given and the Court being fully advised in the premises;

The Court finds that pursuant to section 8(d) of the Court of Claims Act, this Court has exclusive jurisdiction over tort claims only against the Board of Governors of State Colleges and Universities. (Ill. Rev. Stat., ch. 37, par. 439.8(d).) The student newspaper, the Northeastern University Print, a/k/a the Uni Print is not an agent of the Board of Governors of State Colleges and Universities or Northeastern Illinois University. Furthermore, the newspaper receives no direct State general revenue funds. Therefore, this Court has no jurisdiction over the university or Uni Print and the Board of Governors is an improper party to this suit since no agency relationship exists.

Thus it is hereby ordered that the claim herein is dismissed with prejudice.