Thomann v. The Department of State Police

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2016 IL App (4th) 150936
Decision Date: 
Tuesday, October 18, 2016
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
KNECHT

Plaintiffs filed action for administrative review, and for declaratory and injunctive relief, alleging that Defendants' procedures in evaluating objections to concealed carry license applications violated due process. Court properly dismissed Plaintiffs' petition for attorney's fees and costs. Fee-shifting provisions in subsection 5( c) of Civil Rights Act provide for attorney fees and costs only where claimant is a prevailing party on a discrimination claim against a governmental body involving one or more of the identified suspect classes. As Plaintiffs did not bring a discrimination claim against a governmental body involving one or more of the identified suspect classes, fee-shifting provisions in subsection 5( c) are inapplicable. (TURNER and HOLDER WHITE, concurring.)