Malone v. Cosentino

At issue here is whether the class plaintiff, Thomas Malone, may bring this civil class action suit challenging the constitutionality of certain fines levied against himself and the other class members in collateral criminal proceedings. We hold that this action is an impermissible collateral attack on the plaintiff’s criminal conviction and on the judgments rendered against the other class members.

On May 19, 1982, Malone appeared in the circuit court of Cook County and pleaded guilty to two traffic violations. He was fined $35 for improper lane usage and $225 for driving with a blood alcohol…