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Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on any of the articles that appear below.
Motions to Dismiss
Central Austin Neighborhood Association v. City of Chicago
Two organizations sued City of Chicago, alleging violation of Illinois Civil Rights Act, alleging that on average, persons in neighborhoods populated mostly by African-Americans and Hispanics wait longer than persons in mostly white neighborhoods for police to arrive in response to 911 call. The Act provides sufficient standards for court to apply to determine whether City's policies justify any disparate impact in response times to 911 calls. Courts have the competence needed to decide issues of such impact and justification for that impact, and have power to order appropriate relief for unjusitied disparate impact. Complaint does not present a nonjusticiable political question. (PUCINSKI and MASON, concurring.)
The Hope Clinic for Women, Ltd., v. Flores
Parental Notice of Abortion Act of 1995 does not violate state constitutional guarantees of due process and equal protection. The Act is crafted narrowly to achieve its aim of promoting best interests of minors through parental consultation, and thus does not violate state constitutional guarantee of privacy. Seventh Circuit decision is persuasive authority only, and not binding on state courts. Thus, Plaintiff's due process and equal protection claims, under Illinois Constitution, are not barred by collateral estoppel, as Illinois courts, and not federal courts, are arbiters of state law. (FREEMAN, GARMAN, and THEIS, concurring; THOMAS, KILBRIDE, and KARMEIER, specially concurring.)
Murray v. Poani
Plaintiffs filed Section 1983 action, alleging that village and its police department deprived them of their due process rights in active involvement in a private repossession of their vehicle. Issue of material fact exists as to whether deprivation of due process rights was as a result of state action, by officer facilitating unlawful taking of personal property. (APPLETON and KNECHT, concurring.)
Parikh v. The Division of Professional Regulation of the Department of Financial and Professional Regulation
Court was within its discretion in denying neurologist's request for stay of IDPR's order indefinitely suspending his medical license for minimum of one year, upon allegations he had repeatedly touched breasts and vaginal areas of 21-year-old patient during neurological examinations. Neurologist did not show that granting stay was not contrary to public policy; Director explained his points of disagreement with ALJ's finding, and statute does not limit Director's authority to disagree on questions of aggravation or mitigation. (SALONE and NEVILLE, concurring.)
Kaider v. Hamos
Court properly denied petition for leave to file taxpayer's suit to enjoin disbursement of state funds under Section 11-303 of Code of Civil Procedure, to prevent State from providing health benefits to pregnant women and children not lawfully in the United States. Illinois General Assembly opted out of the benefits bar via federal statute giving states authority to provide benefits to unlawful aliens through enactment of State law after August 1996. All Kids Act raised income threshold for eligibility, and imposed no immigration or citizen requirements, and stated intent was to allow "all children" of Illinois to access affordable health insurance. (McBRIDE and HOWSE, concurring.)
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