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Matthew J. Sherry v. State of Illinois

55 Ill. Ct. Cl. 437 Illinois Court of Claims Filed 2002-07-25 No. 02-CC-3244
Disposition: (No. 02-CC-3244 Claim Dismissed ) Agency: Kane County Sheriff's Department, Kane County State's Attorney
Cite as: Matthew J. Sherry v. State of Illinois, 55 Ill. Ct. Cl. 437 (2002)

MATTHEW J. SHERRY Claimant, v. THE STATE OF ILLINOIS, Respondent

Case summary

The claimant brought a claim against the Kane County Sheriff's Department and the Kane County State's Attorney. The court dismissed the claim for lack of jurisdiction and failure to state a claim against the State of Illinois.

Claim type: Other

Cases cited: Washington v. State of Illinois, 54 Ill.Ct.Cl.

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. Negligence The doctrine of respondeat superior does not apply against the State for torts committed by State s Attorneys.
  2. Jurisdiction Counties, and not the State of Illinois, are financially responsible for liabilities arising in the course of the State s Attorney s and Sheriff s duties.
  3. Same Where Claimant brought a negligence action against a Sherif f and a State s Attorney, the Court of Claims lacked jurisdiction over these elected officials.

LUCAS & CARDENAS, Attorney for Claimant JAMES E. RYAN, Attorney General (JACQUELINE WILLIAMS, Assistant Attorney General, of counsel), for Respondent.

EPSTEIN, J

ORDER

EPSTEIN, J

This claim against the Kane County Sheriff (styled as against the Kane County Sheriff s Department) and the Kane County State s Attorney are before the court on the respondent s motion to dismiss for lack of jurisdiction and failure to state a claim against the State of Illinois. The claimant has belatedly filed a response, which we allow, instanter.

The motion to dismiss

The respondent notes this court s recent decision in Washington v. State of Illinois, 54 Ill.Ct.Cl.

Official volume 55 (Official Reports of the Illinois Court of Claims For: Fiscal Year 2003 – July 1, 2002–June 30, 2003)  ·  All opinions in this volume

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