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.
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
- Negligence The doctrine of respondeat superior does not apply against the State for torts committed by State s Attorneys.
- 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.
- 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.
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.