Illinois Court of Claims Jurisdiction to Grant Injunctive Relief

"The Court of Claims does have jurisdiction to grant injunctive relief. In Fernandes v. Margolis (1990), 201 Ill. App. 3d 47, 51, 146 Ill. Dec. 736, 558 N.E.2d 699, the court held that a claim of retaliatory discharge from state employment which sought injunctive relief in addition to damages was under the exclusive jurisdiction of the Court of Claims. In Liebman v. Board of Governors of State Colleges and Universities (1979), 79 Ill. App. 3d 89, 93, 34 Ill. Dec. 630, 398 N.E.2d 305, the court stated that the plaintiff's request for injunctive relief did not alter the basic nature of the complaint which was an action against the State based on a contract. Therefore, the Court of Claims had exclusive jurisdiction. For the Court of Claims to have jurisdiction to grant an injunction, the injunction must either: (1) control the operation of the State (G.H. Sternberg & Co. v. Bond (1975), 30 Ill. App. 3d 874, 877, 333 N.E.2d 261) (intent was to enjoin all members of state government including successor director who performed no wrongful acts), see also Hudgens v. Dean, 75 Ill. 2d 353 at 357, 388 N.E.2d 1242, 27 Ill. Dec. 193, 75 Ill. 2d 353, 27 Ill. Dec. 193, 388 N.E.2d 1242 (injunction required affirmative act by State to rebuild road); (2) involve a present claim against the State. In Ellis v. Board of Governors of State Colleges and Universities (1984), 102 Ill. 2d 387, 80 Ill. Dec. 750, 466 N.E.2d 202, a professor claimed she had been discharged without good cause from her tenured position at a State university. She sought damages and an injunction requiring the university to reinstate her. (Ellis, 102 Ill. 2d at 389, 80 Ill. Dec. 750, 466 N.E.2d 202.) The Court of Claims had exclusive jurisdiction: (quoting Ellis)."