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MALONE v. COSENTINO

No. 57492.

99 Ill.2d 29 (1983)

457 N.E.2d 395

THOMAS MALONE, Appellee, v. JERRY COSENTINO, State Treasurer, et al., Appellants.

Supreme Court of Illinois.

Opinion filed December 1, 1983.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Patricia Rosen and Rosalyn Kaplan, Assistant Attorneys General, of Chicago, of counsel), for appellant Jerry Cosentino.

Richard M. Daley, State's Attorney, of Chicago (Jane Clark Casey, Deputy State's Attorney, and Bruce R. Meckler, Assistant State's Attorney, of counsel), for appellant county officials.

Larry D. Drury, of Chicago, and Berle L. Schwartz, of Highland Park, for appellees.

James A. Murphy, of Peoria, for amicus curiae Illinois Association of Chiefs of Police, Inc.

Judgment reversed; cause remanded.

JUSTICE SIMON delivered the opinion of the court:

At issue here is whether the class plaintiff, Thomas Malone, may bring this civil class action suit challenging the constitutionality of certain fines levied against himself and the other class members in collateral criminal proceedings. We hold that this action is an impermissible collateral attack on the plaintiff's criminal conviction and on the judgments rendered against...

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