Leetaru v. The Board of Trustees of the University of Illinois

Doctoral student filed complaint for injunctive relief to enjoin University for further investigating its complaint of research misconduct against him. Plaintiff alleged that University officials, in investigating charges of misconduct, are legally obligated to adhere to policies and procedured promulgated by University governing such investigations, and alleged that they failed and refused to do so in their investigation of University's charges against him. Sovereign immunity affords no protection when agents of State have violated statutory or constitutional law or in excess of their authority, a plaintiff is entitled to proceed in circuit court. Court erred in dismissing complaint for lack of subject matter jurisdiction under Section 2-619(a)(1) of Code of Civil Procedure. (GARMAN, THOMAS, and KILBRIDE, concurring; BURKE, FREEMAN, and THEIS, dissenting.)