Injunction Request to Correct Allegedly Deplorable School Conditions Was Dismissed
In Lewis E. v. Spagnolo, 186 Ill. 2d 198, 710 N.E.2d 798, 238 Ill. Dec. 1 (1999), the Illinois Supreme Court affirmed the dismissal of a request for a sweeping mandatory injunction to correct allegedly deplorable conditions at a school because the allegations were based on vague and unspecified duties and sought protection for injuries that had not occurred and may never occur. Spagnolo, 186 Ill. 2d at 235.
In affirming the dismissal, the court found that the "plaintiffs allege merely that the defendants have violated 'common law duties,' without specifying what those duties are or what acts or omissions of the defendants breached those duties." Spagnolo, 186 Ill. 2d at 233.
Furthermore, the court ruled it could not issue the injunction the plaintiffs sought since the plaintiffs "had not provided any basis for us to grant them relief for injuries which have not occurred, and which may never occur." Spagnolo, 186 Ill. 2d at 235.