FRITZ v. JOHNSTON

No. 96325.

807 N.E.2d 461 (2004)

209 Ill.2d 302

282 Ill.Dec. 837

Harold A. FRITZ, Appellant, v. John W. JOHNSTON et al., Appellees.

Supreme Court of Illinois.

March 18, 2004.


Attorney(s) appearing for the Case

Robert C. Strodel, Peoria, for appellant.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and John P. Schmidt, Assistant Attorney General, Chicago, of counsel), for appellees.


Justice FREEMAN delivered the opinion of the court:

The primary issue in this case may be stated concisely: Does the doctrine of sovereign immunity deprive circuit courts of jurisdiction over claims that state employees engaged in civil conspiracy in the furtherance of which unlawful acts were committed? We answer this question in the negative; sovereign immunity does not apply. However, plaintiff failed to state a cause of action for civil conspiracy with respect...

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