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SIERAKOWSKI v. RYAN

No. 99-2705.

223 F.3d 440 (2000)

Donald J. SIERAKOWSKI, Plaintiff-Appellant, v. James E. RYAN, Attorney General of the State of Illinois, in his official capacity, and John R. Lumpkin, Director of the Illinois Department of Public Health, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2000.

Attorney(s) appearing for the Case

Christopher C. Dickinson, Sean M. Anderson (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellant.

Erik G. Light, Office of the Atty. Gen., Michael P. Doyle (argued), Office of the Atty. Gen., Civil Appeals Div., Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, BAUER and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff Donald J. Sierakowski was tested for HIV without his knowledge and consent. Pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201, Sierakowski sought a declaration that the provision of the Illinois AIDS Confidentiality Act codified as 410 ILCS 205/8(b)—which under certain circumstances grants Illinois physicians discretion to test patients for HIV without their knowledge or consent—is invalid because it violates rights...

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