McHugh v. Ill. Dept. of Transportation

Dist Ct. erred in dismissing on merits plaintiff’s action under Illinois Ethics Act, 5 ILCS 430, after finding that defendant-state agency enjoyed 11th Amendment immunity, but not with respect to instant state court action. Record showed that: (1) plaintiff filed certain federal court claims, as well as instant state-court Illinois Ethics Act claim, arising out of his termination from defendant; (2) defendant asserted Eleventh Amendment immunity with respect to instant Ethics Act claim; (3) Dist. Ct. found that it had jurisdiction over federal court claims and supplemental jurisdiction over Ethics Act claim. and that defendant was immune under Eleventh Amendment, but that defendant had waived its Eleventh Amendment immunity only with respect to state court and not federal court; and (4) Dist. Ct. granted defendant’s motion for summary judgment on merits with respect to his Ethics Act claim. Eleventh Amendment provides immunity to defendant from plaintiff’s Ethics Act action in federal court, and Ct. of Appeals, in remanding matter back to Dist. Ct. for entry of order dismissing Ethics Act claim without prejudice, found that when it applies, Eleventh Amendment deprived Dist. Ct. of jurisdiction over claims against immune defendants, and thus lacked power to enter summary judgment on plaintiff's Ethics Act claim.