Cowper v. Nyberg
2015 IL 117811
| Ill. | 2015Background
- DeAngelo Cowper pleaded guilty in Saline County and was sentenced to 27 months; the judgment (June 1, 2011) initially credited him with 275 days and he was transferred to DOC on June 2, 2011.
- Cowper later moved to recalculate time served; the State conceded he was missing credit for two custody periods and the trial court ordered an amended mittimus; Cowper was ultimately released October 16, 2011.
- Cowper sued the Saline County sheriff (Brown) and circuit clerk (Nyberg) in negligence, alleging section 5-4-1(e)(4) imposed ministerial duties to provide accurate custody-day credits and that defendants’ errors caused 137 days of wrongful incarceration and attendant damages.
- Defendants moved to dismiss under section 2-615, arguing no breach of duty by the clerk and no private right of action under the statute for the sheriff.
- The trial court dismissed both counts; the appellate court reversed, focusing largely on whether a private right of action was implied in the statute and also held the duties were ministerial.
- The Illinois Supreme Court reviewed whether Cowper pleaded a common-law negligence claim for breach of ministerial duties (not a statutory cause of action) and whether dismissal was proper as to each defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cowper stated a negligence claim against the circuit clerk for failing to transmit accurate custody-day credits | Nyberg breached a ministerial statutory duty to transmit accurate days to the DOC; negligence follows | Clerk only required to forward the number provided by the sheriff and had no duty to verify accuracy; complaint fails to allege clerk breached the statutory duty | Dismissal of clerk count affirmed but modified to be without prejudice (plaintiff may replead facts showing clerk’s own breach) |
| Whether Cowper stated a negligence claim against the sheriff for transmitting incorrect custody-day credits | Sheriff had a ministerial duty under §5-4-1(e)(4) to transmit accurate custody days; negligent breach caused wrongful incarceration and damages | No private cause of action exists under the statute; alternatively complaint insufficient | Dismissal as to the sheriff reversed; Cowper adequately pleaded a common-law negligence claim for breach of a ministerial duty |
| Whether the court should analyze this as an implied statutory private right of action | Cowper primarily asserted common-law negligence; statutory private-right analysis is unnecessary | Defendants argued no implied private right exists under Noyola test | Court held Noyola analysis inapplicable because plaintiff pleaded common-law negligence rather than a statutory cause of action |
| Whether dismissal under section 2-615 was proper (pleading sufficiency) | Complaint pleaded duty, breach, causation, and damages for both defendants | Complaint failed to plead facts showing clerk’s breach and raised statutory-right issues instead of negligence law | Court applied de novo review: clerk count properly dismissed for failing to plead clerk’s breach (but without prejudice); sheriff count survives dismissal |
Key Cases Cited
- Noyola v. Board of Education of the City of Chicago, 179 Ill. 2d 121 (test for implying a private statutory right of action)
- Harms v. Bierman, 361 Ill. App. 3d 250 (clerk liability requires a statute imposing a ministerial duty to do the specific act alleged)
- Governor v. Dodd, 81 Ill. 162 (public clerks liable for nonfeasance of ministerial duties)
- People ex rel. Munson v. Bartels, 138 Ill. 322 (ministerial duty defined as absolute, certain, and imperative)
- In re Chicago Flood Litigation, 176 Ill. 2d 179 (discretionary-immunity doctrine and statutory codification)
- Abbasi v. Paraskevoulakos, 187 Ill. 2d 386 (statutory safety-rule violations as prima facie negligence—distinguished here)
- Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469 (standards for dismissal with prejudice under section 2-615)