United States Seventh Circuit

District court order dismissing plaintiff's claim for lack of jurisdiction is affirmed where despite the fact that plaintiff sued the defendants in their individual capacities, the actions taken by defendants were within the normal and official functions as professors at Southern Illinois University, and therefore the state was the real party in interest and the action belongs in the Illinois Court of Claims.

Appellate Information

• Argued 05/04/2009
• Decided 06/05/2009
• Published 06/05/2009

Judges

• EVANS, Circuit Judge., Before KANNE and EVANS, Circuit Judges, and DOW, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Darrell Dunham (argued), Carbondale, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Linzey D. Jones, Jr. and Uma Chandrasekaran (argued), Pugh, Jones, Johnson & Quandt, P.C., Chicago, IL, for Defendants-Appellees.