Kopulos v. Pisaneschi
1:24-cv-00926
N.D. Ill.Aug 6, 2025Background
- Plaintiff Luke Kopulos, a physician at Cook County Stroger Hospital, refused to comply with Cook County Health’s (CCH) mandatory COVID-19 vaccine policy in 2021, citing religious objections as an Orthodox Christian and claimed natural immunity as a disability.
- Kopulos' request for a religious exemption was denied, and his employment was terminated in July 2022.
- He sued CCH and Dr. Mark Pisaneschi (chair of his department), alleging his termination was unlawful and brought claims under Title VII, the ADA, Section 1983, and Illinois common law.
- Cook County moved to dismiss all counts except one (Title VII religious discrimination); Pisaneschi moved to dismiss all claims against him.
- The court focused on whether any pleaded legal theory survived the defendants’ 12(b)(6) motion, emphasizing that Rule 12(b)(6) cannot be used to dismiss only some legal theories if at least one theory remains viable.
Issues
| Issue | Kopulos' Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 12(b)(6) allows partial dismissal of legal theories underpinning a single claim | Legal theories in separate counts support the claim; motion should fail if any theory is valid | Rule 12(b)(6) allows dismissal of insufficient theories, even within one claim | Cannot dismiss theories piecemeal if any survive; motion denied for CCH |
| Viability of Title VII claim (religious discrimination) | Termination for refusing vaccine violated right to religious accommodation | No direct challenge to this theory | Survives; claim goes forward |
| Whether individual liability attaches to Pisaneschi under Section 1983 and state law | Pisaneschi was personally involved in decision to terminate; violated First Amendment rights; retaliatory discharge applies | Not liable under retaliatory discharge (only employers liable); entitled to qualified immunity under § 1983 | Retaliatory discharge dismissed; §1983 dismissed for qualified immunity |
| Qualified immunity for Pisaneschi | Vaccine mandate violated clearly established rights | No precedent established right to religious exemption from COVID-19 mandate | Qualified immunity applies; § 1983 claim dismissed |
Key Cases Cited
- Jacobson v. Massachusetts, 197 U.S. 11 (states may require public vaccination for health)
- Bartholet v. Reishauer A.G. (Zürich), 953 F.2d 1073 (7th Cir. 1992) (incorrect legal theory is not fatal to complaint)
- NAACP v. Am. Family Mut. Ins. Co., 978 F.2d 287 (7th Cir. 1992) (multiple legal theories do not create multiple claims)
- Klassen v. Trustees of Indiana Univ., 7 F.4th 592 (7th Cir. 2021) (mandatory COVID-19 vaccination not unconstitutional)
- Anderson v. Creighton, 483 U.S. 635 (standard for clearly established rights for qualified immunity)
- Ashcroft v. al–Kidd, 563 U.S. 731 (qualified immunity standard prohibits overly general definitions)
- Mullenix v. Luna, 577 U.S. 7 (qualified immunity protects all but incompetence or knowing violations)