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Thomas v. State of Illinois

United States District Court, N.D. Illinois, Eastern Division
Aug 2, 2002
No. 02 C 4956 (N.D. Ill. Aug. 2, 2002)

Opinion

No. 02 C 4956

August 2, 2002


MEMORANDUM OPINION AND ORDER


Plaintiff has filed several motions seeking to overturn the denial of her petition for leave to file in forma pauperis. Those motions are denied,

Plaintiff misapprehends what this court did. No judgment has been entered against her respecting the merits of her claims, We have concluded only that her claim of a federal right is too insubstantial to permit her to go forward without paying the filing fee. She can always pay the fee, serve the defendants, await their motion to dismiss, and respond to it, although we think she would not be wise to do so. Perhaps she has a contract claim against the state, but we have no jurisdiction to hear such a claim. Perhaps the granddaughter has a federal claim, but she is of age and would have to pursue any such claim herself. But we continue to believe that the qualified immunity concept bars any claim by plaintiff against officials in their personal capacity and the Eleventh Amendment bars any claim against the state or its agency.


Summaries of

Thomas v. State of Illinois

United States District Court, N.D. Illinois, Eastern Division
Aug 2, 2002
No. 02 C 4956 (N.D. Ill. Aug. 2, 2002)
Case details for

Thomas v. State of Illinois

Case Details

Full title:DOROTHY J. THOMAS, Plaintiff, vs. THE STATE OF ILLINOIS, et al, Defendants

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Aug 2, 2002

Citations

No. 02 C 4956 (N.D. Ill. Aug. 2, 2002)