TONEY v. BRILEY

No. 3-03-0159.

813 N.E.2d 758 (2004)

351 Ill. App.3d 295

286 Ill.Dec. 282

Alvin F. TONEY, Plaintiff-Appellant, v. Kenneth BRILEY, Donald Snyder, Kenneth Baird, Michael Lemke, Maurice Lake, Ronald Matrisciano, Marilyn Coutee, and Kim Morgan, Defendants-Appellees.

Appellate Court of Illinois, Third District.

July 15, 2004.


Attorney(s) appearing for the Case

Alvin F. Toney, pro se.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Leslye Jones-Beatty, Assistant Attorney General, Chicago, for Kenneth Briley.


Presiding Justice HOLDRIDGE delivered the opinion of the court:

The plaintiff, Department of Corrections (DOC) inmate Alvin F. Toney, brought a federal civil rights action (42 U.S.C. §§ 1983, 1985 (2002)) against numerous named DOC employees. The defendants filed a motion to dismiss, predicated upon section 2-615 of the Code of Civil Procedure. 735 ILCS 5/2-615 (West 2002). The defendants contended that Toney's action failed to state a cause of action due...

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