Plaintiffs sued a private "provider agency" and 2 of its social workers, working under contract with Illinois Department on Aging, for their alleged negligent investigation of an allegation of elder abuse. Defendants' alleged misconduct were actions of the State, in providing care, and thus protected by sovereign immunity. As Plaintiffs do not seek to enjoin Defendants' future conduct, the "officer suit exception" to sovereign immunity, for State officers who exceed their authority, does not apply. Sovereign immunity is a matter of subject-matter jurisdiction, but the specific immunity provision in section 4(b) of the Adult Protective Services Act is not, and is instead an immunity defense which a defendant may assert before the Court of Claims. (HOWSE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Sovereign Immunity