Plaintiffs appealed the trial court’s dismissal of their complaint on the grounds that it was barred by the de facto officer doctrine and argued that they made a timely challenge to the allegedly illegal composition of the Cook County Sheriff’s Merit Board. The appellate court affirmed, finding that the trial court did not err in dismissing the allegations in the complaint on the basis that it was barred by the de facto officer doctrine because plaintiffs did not challenge the Merit Board’s authority before it took substantive action in their case. The appellate court further found that the trial court did not err in denying plaintiff’s motion to file an amended complaint because no amendment could cure the defect. (ROCHFORD and MARTIN, concurring)
Illinois Appellate Court
Civil Court
De Facto Officer Doctrine