(Court opinion corrected 12/28/18.) Medical student was dismissed from Defendant College of Medicine, after he was instructed to but failed to complete a fitness of duty examination in accordance with instructions from administration.Plaintiff's 2nd amended complaint established that he was afforded due process rights. Plaintiff has not, and cannot, allege that Defendants disregarded disciplinary proceedings of College or University. Plaintiff was invited to participate in underlying proceedings but refused. The officer suit exception did not apply, and thus Plaintiff failed to show that Defendants' actions fell outside protections of sovereign immunity. Court properly dismissed 2nd amended complaint based on lack of subject matter jurisdiction. (HOFFMAN and HALL, concurring.)
Illinois Appellate Court
Civil Court
Due Process