Christopher Kennedy v. Illinois Department Corrections

ORDER

Birnbaum, J.

This matter coming before the Court to be heard on Respondent’s Motion to Dismiss. Claimant has also filed a request for additional time to respond to this motion. The Court being fully advised in the premises finds that:

BACKGROUND

On August 1, 2008, Claimant filed a complaint in the Court of Claims against the Respondent State of Illinois seeking $100,000.00 in damages. In his Complaint, Claimant alleges that while he was in the custody of Macon County Jail, in Decatur, Illinois, he was assaulted and battered by another inmate on November 23, 2007.

Claimant alleges that employees at the Macon County Jail were “deliberately indifferent to [his] constitutional rights because they acted with reckless disregard of my right to be free from violent attacks by fellow inmates.”

ANALYSIS

This Court lacks subject matter jurisdiction in regards to Claimant’s alleged claim against the Macon County Jail and any of its employees. This Court has ruled on the issue of whether the State can be held liable for [*303] negligent acts of county public officials. Sherry v. State, 55 Ill.Ct.Cl. 437 (2002) (involving Sheriff’s Department of Kane County, County of Kane, and State’s Attorney of Kane County); Alencastro v. State, 54 Ill.Ct.Cl. 457 (2001) (involving Sheriff Cook County); Washington v. State (involving State’s Attorney of Cook County) and Washlow v. State (involving Clerk of the Circuit Court of Livingston County), 54 Ill.Ct.Cl. 317 (2001).

In all of these cases, this Court has consistently held that under the current statutory and constitutional strictures governing the Court, the State cannot be held vicariously liable for the actions of a Sheriff, County Clerk or State’s Attorney, nor does it have jurisdiction over those officials.

This Court has exclusive and limited jurisdiction over claims against the State of Illinois, and only the State, as set forth in the Court of Claims Act, 705 ILCS 505/1 et seq. The only proper Respondent before the Court of Claims is the State of Illinois, and the divisions thereof. 74 Ill. Admin. Code 790.40(a). The Macon County Jail is a county correctional facility, not a State of Illinois correctional facility. Therefore, this Court lacks jurisdiction over Claimant’s alleged claim against the Macon County Jail. Because this cause fails on jurisdictional grounds, the interests of justice will not be served by granting Claimant additional time to respond.

IT IS THEREFORE ORDERED that Claimant’s Motion is DENIED and Respondent’s Motion be hereby GRANTED, and the claim herein is DISMISSED, WITH PREJUDICE.

[*304] LAW ENFOREMENT OFFICER, CIVIL

DEFENSE WORKERS, CIVIL AIR PATROL

MEMBERS, PARAMEDICS, FIREMEN

AND STATE EMPLOYEES

COMPENSATION ACT

FY 2009

Where a claim for compensation filed pursuant to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen and State Employees Compensation Act (820 ILCS 315/1 et seq.), within one year of the date of death of a person covered by said Act, is made and it is determined by investigation of the Attorney General of Illinois as affirmed by the Court of Claims, or by the Court of Claims following a hearing, that a person covered by the Act was killed in the line of duty, compensation in the amount of $20,000 or $50,000 if such death occurred on or after July 1, 1983, shall be paid to the designated beneficiary of said person or, if none was designated or surviving, then to such relative(s) as set forth in the Act.

09-CC-0088 OLSON, TINA M. $293,888.83

09-CC-2373 RIBEIRO, ALCIONE $301,236.05