Legal Opinion

Devaney v. State

Court of Claims of Illinois

Decided April 11, 1996No. 96-CC-0057PublishedCited by 2 opinions

1Opinion of the Court

OPINION

Sommer, C.J.

Claimant alleges that he was separated from employment in the office of the Secretary of State in retaliation for having exercised certain unspecified “rights” under the Workers’ Compensation Act. (820 ILCS 305/1 et seq.) Respondent has filed a motion to dismiss the claim based in part on Claimant’s failure to exhaust his administrative remedies with the Merit Commission for the Office of the Secretary of State.

Exhaustion of all available remedies is specifically required for all claims pursuant to section 25 of the Court of Claims Act (705 ILCS 505/25):

“Any person who…

2Cases cited3 opinions

  1. Midgett v. Sackett-Chicago, Inc.Illinois Supreme Court · 1984
  2. Watkins v. StateCourt of Claims of Illinois · 1992
  3. Badal v. StateCourt of Claims of Illinois · 1981

3Cited by2 opinions

  1. Gipson v. StateCourt of Claims of Illinois · 1999
  2. McCoppin v. StateCourt of Claims of Illinois · 2001

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