Leetaru v. Board of Trustees of the University of Illinois
2015 IL 117485 · Illinois Supreme Court · 2015-04-16
Holding
A graduate student's suit to halt a university disciplinary investigation alleged to violate governing rules states a prospective ultra vires claim that may proceed in circuit court under the officer-suit exception.
Context
The court's fullest modern exposition of the exception: substance over form; simple breach of contract or erroneous exercise of delegated authority does not qualify; fundamental disregard of governing rules exceeding authority does. Reversed dismissal and remanded to circuit court.
officer-suit exceptionprospective reliefdue process
Full opinion text (public domain): https://openjurist.org/2015/il/117485/leetaru-v-the-board-of-trustees-of-the-university-of-illinois-2813672