MOORE v. LUMPKIN

No. 1-93-2491.

630 N.E.2d 982 (1994)

258 Ill. App.3d 980

196 Ill.Dec. 817

Mary Ann MOORE, individually and as next friend for her minor children, Marchello Moore, Omotundo Tahiti, Roshea Moore, and Roshaun Moore, all of whom also proceed on behalf of all others similarly situated; Gwendolyn Taylor, individually and as next friend for her minor children, Jamel Taylor, Jovan Taylor, Maya Holt, and Dylan Mangano, all of whom also proceed on behalf of all others similarly situated; Cassandra Warren, individually and as next friend for her minor child, Rondra Johnson, both of whom also proceed on behalf of all others similarly situated; Armando Lisboa, who also proceeds on behalf of all others similarly situated; Jasmine Dantzler, individually and as next friend for her minor children, Ronald Crawford and Ameatrice Crawford; Nan Foley; Mary Johnson; Margaret Fortman; Bridget Miller; Nan Sullivan, Plaintiffs-Appellants, v. John LUMPKIN, M.D., Director of The Illinois Department of Public Health; Illinois Department of Public Health; Richard M. Daley, Mayor of the City of Chicago; the Chicago Board of Health; Whitney Addington, M.D., President of the Chicago Board of Health; Chicago Department of Health; Cook County Board of Commissioners; Cook County Bureau of Health Services, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

February 10, 1994.


Attorney(s) appearing for the Case

Laureen M. Heybach, Robert E. Lehrer, Patricia Nix-Hodes of the Homeless Advocacy Project, Legal Assistance Foundation of Chicago, Joan Matlack, Englewood Office of the Legal Assistance Foundation of Chicago, Alan M. Posner, Sanford M. Pastroff, Ronald S. Bell of Sonnenschein Nath & Rosenthal, Thomas H. Geoghegan, Chicago, for plaintiffs-appellants.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Jan E. Hughes, Asst. Atty. Gen., Chicago, for John Lumpkin, M.D. and the Illinois Dept. of Public Health.

Jack O'Malley, State's Atty. of Cook County; Karen Covy, Deputy States Atty., Patricia Moser, and Dominique Martin, Asst. State's Attys., of counsel, Chicago, for defendants-appellees.


Justice GORDON delivered the opinion of the court:

Plaintiffs appeal the decision of the circuit court of Cook County dismissing their class action complaint for declaratory and injunctive relief against the defendants, Illinois Department of Public Health and its director, John Lumpkin, M.D. (State defendants); Richard M. Daley, mayor of Chicago, the Chicago Board of Health and its president, Whitney Addington, M.D., and the Chicago Department of Health (City defendants...

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