Keglovitz v. Illinois Department Of Children And Family Services
1:25-cv-00546
N.D. Ill.May 20, 2025Background
- Dr. Zara Keglovitz, a transgender woman, was a foster parent for a special needs child named "Duke."
- She alleges that Tonajah Hooks, a DCFS case manager, failed to provide required services and responded to her gender identity with hostility.
- The children in Keglovitz’s care were ultimately removed, allegedly due to Hooks’ animosity towards transgender individuals.
- Keglovitz filed suit in state court against Hooks, two supervisors (Hamilton and Marshall), and the Illinois Department of Children and Family Services (DCFS) under 42 U.S.C. § 1983, alleging First Amendment retaliation and Fourteenth Amendment equal protection violations.
- Defendants removed the case to federal court and filed motions to dismiss; Keglovitz moved to remand to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was removal to federal court proper? | Removal improper if court lacks jurisdiction over DCFS | Federal claims give original jurisdiction regardless of DCFS's immunity | Removal proper; DCFS immunity does not affect jurisdiction |
| Does DCFS have sovereign immunity under §1983? | DCFS can be sued under §1983 | DCFS protected by Eleventh Amendment; immune from suit under §1983 | DCFS dismissed due to sovereign immunity |
| Sufficiency of claim against Hooks | Alleged facts plausibly show discrimination and retaliation | Plaintiff only complains of misgendering and administrative delays | Sufficient facts alleged against Hooks |
| Sufficiency of claim against Hamilton and Marshall | They failed to act on complaints about Hooks | No supervisor liability under §1983 | Claims against Hamilton and Marshall dismissed |
| Qualified immunity for Hooks on motion to dismiss | Hooks' conduct was egregious and clearly unconstitutional | No clearly established right infringed; qualified immunity applies | Qualified immunity denied at this stage |
Key Cases Cited
- Ryan v. Ill. Dep't of Child. & Fam. Servs., 185 F.3d 751 (7th Cir. 1999) (DCFS as a state agency is entitled to Eleventh Amendment immunity)
- McHugh v. Ill. Dep't of Transp., 55 F.4th 529 (7th Cir. 2022) (remanding state law claims based on sovereign immunity)
- Vinning-El v. Evans, 657 F.3d 591 (7th Cir. 2011) (no supervisor liability under §1983)
- McReynolds v. Merrill Lynch & Co., 694 F.3d 873 (7th Cir. 2012) (standard for Rule 12(b)(6) motions to dismiss)