Legal Opinion

Macon v. State

Court of Claims of Illinois

Decided June 10, 1985No. 85-CC-1686PublishedCited by 2 opinions

1Opinion of the CourtMontana, C.J.

This cause having come for consideration on the Respondent’s motion to dismiss and the Court being duly advised in the premises:

Finds, that Claimant’s complaint states that the negligence of the Illinois Department of Corrections resulted in his not being allowed to attend his mother’s funeral. He seeks $15,000.00 as compensation for mental suffering. Respondent has moved to dismiss the complaint for failure to state a cause of action.

While Claimant’s complaint does allege mental suffering, it does not allege any physical impact or symptom as a result thereof. No recovery may be had for the…

2Cases cited2 opinions

  1. Daniels v. Adkins Protective Service, Inc.Mississippi Supreme Court · 1971
  2. Holmes v. StateCourt of Claims of Illinois · 1978

3Cited by2 opinions

  1. Black v. StateCourt of Claims of Illinois · 1993
  2. James v. StateCourt of Claims of Illinois · 1998

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