PEOPLE EX REL. MANNING v. NICKERSON

No. 84457.

702 N.E.2d 1278 (1998)

184 Ill.2d 245

234 Ill.Dec. 375

The PEOPLE of the State of Illinois ex rel. Brent MANNING, Director of Conservation, Appellant, v. Patrick NICKERSON, Appellee.

Supreme Court of Illinois.

Rehearing Denied November 30, 1998.


Attorney(s) appearing for the Case

John P. Schmidt, Asst. Atty. Gen., Chicago, for Brent Manning.

Patrick M. Nickerson, Helena, AL, for Patrick M. Nickerson.


Justice HEIPLE delivered the opinion of the court:

When the State of Illinois sues a defendant in the circuit court, may the defendant assert a counterclaim in the circuit court against the state seeking damages for common law claims otherwise barred by sovereign immunity, or must the defendant file a separate action against the state in the Court of Claims? That is the critical issue for decision, an issue on which the appellate court has issued conflicting...

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