Beauchamp v. Dart

Plaintiff filed a complaint in the circuit court seeking administrative review of a decision to terminate his employment as a correctional officer. Plaintiff also sought mandamus relief to compel the Sheriff to use the Cook County State’s Attorney as his attorney in the proceedings. The trial court dismissed the mandamus count of the complaint with prejudice and entered an order pursuant to SCR 304. The appellate court affirmed finding that plaintiff failed to state a claim upon which relief may be granted because section 3-9005(a) of the Counties Code does not establish a clear duty on the part of the Sheriff to use the State’s Attorney to prosecute proceedings before the Merit Board. (LAVIN and COBBS, concurring)