Doe v. State

ORDER ON MOTION TO DISMISS

Raucci, J.

This cause coining on to be heard on Respondent’s motion to dismiss the Claimant’s response thereto, and the Court being fully advised in the premises finds:

1. Claimant cites five of our prior decisions in which no issue was raised that the Claimants had not sought relief against mental patients who had attacked them or stolen their property. Three of these cases were decided before the enactment of section 25 of the Court of Claims Act (Ill. Rev. Stat. 1972, ch. 37, par. 439.24— 5). (Maloney v. State (1957), 22 Ill. Ct. Cl. 567; Callbeck v. State (1958),…