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· 7/16/1999

Barbara M. Ryan and William O. Gillespie v. Illinois Department of Children and Family Services

Citations

  • 185 F.3d 751
  • 44 Fed. R. Serv. 3d 1287
  • 15 I.E.R. Cas. (BNA) 481
  • 1999 U.S. App. LEXIS 16366
  • 1999 WL 504724

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, where “the responsible DCFS officials had already decided to fire [the plaintiffs] and therefore the hearing would in reality be a phony opportunity to contest the charges,” the plaintiffs’ right to due process was violated
  • affirming denial of supplemental jurisdiction on state law claim against several defendants when all federal claims against those defendants were dismissed, even though viable federal claims still existed against other defendants
  • “DCFS . . . as an agency of the State of Illinois [is] entitled to immunity under the Eleventh Amendment.”
  • “[I]t is well established that . . . a state agency . . . is [not] a ‘person’ for purposes of [Section] 1983.”
  • “Ordinarily, when an employer offers a pretermination hearing and the employee fails to accept, the Loudermill right to such a hearing is waived.“
  • “A plaintiff who can introduce evidence that the decision has already been made and any hearing would be a sham is entitled to go forward with a procedural due process claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Kanne, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.