Kirby v. Sprouls

ORDER

BAKER, Chief Judge.

This matter is before the court on the plaintiffs motion for summary judgment. For the reasons discussed below, the motion is allowed.

I. BACKGROUND

The plaintiff, Dixie Kirby, brought this class action 1 pursuant to 42 U.S.C. § 1983, seeking declaratory and injunctive relief on the grounds that the procedure providing for garnishment in the Illinois statute governing wage deductions, Ill.Rev.Stat. ch. 110, §§ 12-801 to 12-819 (1987), 2 violates the Due Process Clause of the Fourteenth Amendment both on its face and as applied by the defendant Edgar County. 3…