Doe v. Coe

Illinois Appellate Court
Civil Court
Motions to Dismiss
Citation
Case Number: 
2017 IL App (2d) 160875
Decision Date: 
Thursday, August 17, 2017
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
BIRKETT

Plaintiffs filed suit against several individuals and entities that were part of the United Church of Christ (UCC) based on sexual misconduct of youth pastor of congregation within the UCC. Court erred in granting Defendants' Section 2-619 motion to dismiss, as Defendants failed to follow requirement of Rule 191 that affidavits offered in support of a Section 2-619 motion to dismiss must have attached sworn or certified copies of all documents upon which affiant relies. Strict compliance with Rule 191(a) is necessary to insure that trial judges are presented with valid evidentiary facts upon which to make a decision. Defendants' brief failed to support arguments with citation to authority, and thus failed to show alternative basis to affirm dismissal of complaint. (HUTCHINSON and ZENOFF, concurring.)