2018 IL App (4th) 170920
Ill. App. Ct.2018Background
- Plaintiff William Lee Grant II (pro se) sued the Illinois Department of Transportation in September 2017 for civil-rights violations.
- The State did not file a formal answer; instead it moved to dismiss under sections 2-615 (legal insufficiency) and 2-619(a)(5) (affirmative defense/statute of limitations) in November 2017.
- Grant filed a motion for summary judgment in December 2017 while the dismissal motion was pending.
- The trial court granted the State's motion, finding the complaint legally deficient and time-barred and calling the complaint frivolous; it found Grant's summary-judgment motion moot.
- Grant appealed, arguing the State’s failure to file an answer meant the complaint’s allegations were admitted under section 2-610(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant's failure to file an answer means the complaint's allegations were admitted under 735 ILCS 5/2-610(b) | Grant: The Attorney General's office did not deny allegations, so they are deemed admitted | State: Filing a pre-answer dismissal under §2-615/2-619 does not admit allegations; §2-610 inapplicable where no answer filed | Court: Agrees with State; where defendant files dismissal instead of an answer, §2-610(b) does not deem all allegations admitted (citing Weger rationale) |
| Whether the complaint states a legally recognized cause of action | Grant: Complaint alleges civil-rights violations (details omitted on appeal) | State: Complaint fails to plead a legally sufficient cause of action | Court: Plaintiff forfeited responding on merits; trial court properly dismissed under §2-615 for legal insufficiency |
| Whether an affirmative defense (statute of limitations) defeats the claim | N/A (Grant did not rebut on appeal) | State: Claim barred by statute of limitations under §2-619(a)(5) | Court: Affirmed dismissal on grounds including statute-of-limitations defense; plaintiff forfeited challenge by not addressing it on appeal |
| Whether plaintiff's summary-judgment motion should survive the dismissal | Grant: Sought summary judgment on his claims | State: Dismissal renders summary-judgment motion moot | Court: Summary-judgment motion moot once complaint dismissed |
Key Cases Cited
- In re Estate of Powell, 2014 IL 115997 (clarifying de novo review and standards for §2-615 "So what" motions)
- Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463 (courts may disregard conclusions unsupported by factual allegations)
- Winters v. Wangler, 386 Ill. App. 3d 788 (describing §2-615 and §2-619 distinctions and standards)