Alberty v. Daniel

Plaintiff, Eufidel Alberty, brought action against David L. Daniel, Director of Cook County Department of Public Aid, seeking reinstatement to his position, back pay, and restoration of seniority. Plaintiff’s second amended complaint, in which he petitioned for a writ of certiorari, a writ of mandamus, and relief under the Federal Civil Rights Act of 1871 (42 U.S.C. § 1983 (1970)) was dismissed upon motion of defendant. Plaintiff appeals from the order of dismissal.

The issues on appeal raised exclusively on the pleadings are: (1) whether a state court has jurisdiction of an action predicated…