Publications

Capeheart v. Terrell

Illinois Appellate Court
Civil Court
Citizen Participation Act
Citation
Case Number: 
2013 IL App (1st) 122517
Decision Date: 
Monday, September 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN
Court granted motion dismissing Plaintiff's defamation claims, arising from conduct during meeting of University Faculty Council and awarding Defendant attorney fees and costs under the Illinois Citizen Participation Act. Defendant did not meet his burden of proving that Plaintiff's suit was a "SLAPP"; Defendant is not necessarily immunized from his statement because it was made in a governmental setting; and Plaintiff's suit does not appear intended to prevent him from participating in government or to interfere with his rights of petition or free speech; and Defendant did not show that Plaintiff's suit is meritless or retaliatory.(CUNNINGHAM and DELORT, concurring.)