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BENNING v. BD. OF REGENTS OF REGENCY UNIVERSITIES

No. 90-1626.

928 F.2d 775 (1991)

Matthew M. BENNING and Lori K. Neumann-Benning, Plaintiffs-Appellants, v. BOARD OF REGENTS OF REGENCY UNIVERSITIES, a body politic of the State of Illinois doing business as Northern Illinois University, Robin D. Rogers, individually, John R. Robinson, individually and Joseph W. Vaughn, individually, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 1991.

As Amended April 17, 1991.

Rehearing and Rehearing Denied May 8, 1991.

Attorney(s) appearing for the Case

Robert Steven Wilson, Sycamore, Ill., John Cooney, Cooney & Conway, Chicago, Ill., for plaintiffs-appellants.

Carol J. Fines, Bridget E. Zalcman, R. Mark Mifflin, Giffin, Winning, Cohen & Bodewes, Springfield, Ill., George M. Shur, Northern Illinois University, DeKalb, Ill., for defendants-appellees.

Before CUDAHY and FLAUM, Circuit Judges, and PELL, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied May 8, 1991.

CUDAHY, Circuit Judge.

To resolve this case, we cautiously venture into the dense tangle of fictions shrouding the doctrine of sovereign immunity. Matthew Benning filed this diversity tort action against various officials and employees of Northern Illinois University (NIU) alleging that he suffered extensive injuries as a result of their negligence. The district court dismissed Benning's claims based upon...

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