Legal Opinion · Dissent

Ritchey v. Maksin

Appellate Court of Illinois

Decided May 10, 1977No. 76-232Published

1DissentJustice Jones

Has the State been sued in this case? I believe that it has and that such fact is apparent from the face of the complaint and conclusively determined by case law and I accordingly would affirm the judgment of the trial court. Furthermore, aside from the question of State immunity, I would affirm the trial court upon the ground that the complaint does not state a cause of action against the defendant as an individual. I accordingly respectfully dissent.

Patently the complaint names George Maksin as the only defendant— neither the State nor its agency, the Department of Agriculture, is expressly…

2Cases cited15 opinions

  1. Fitts v. McGheeSupreme Court of the United States · 1899
  2. Shaw v. LorenzIllinois Supreme Court · 1969
  3. Schwing v. MilesIllinois Supreme Court · 1937
  4. Noorman v. Department of PubLic Works & BuildingsIllinois Supreme Court · 1937
  5. Scoa Industries, Inc. v. HowlettAppellate Court of Illinois · 1975

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