‘Miquto Order Forts (06/97)

United States District Court, Northern District of Diinois

Nameetasit eter | James B. Moran | Sent oe
CASE NUMBER 03 Cc 3841 DATE 10/31/2003
CASE GAYLER COBBS vs. MICHAEL F. SHEAHAN, et al
TITLE
[In the following box (2) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the mature
MOTION: of the motion being presented.]
MEMORANDUM OPINION AND ORDER 7
DOCKET ENTRY:
(2) 0 Filed motion of [ use listing in “Motion” box above.]
(@) im Brief in support of motion due ____.
@G) © Answer brief to motion due . Reply to answer briefdue_
4) a Ruling/Hearingon__setfor____at
(5) © Status hearingfheld/continued to] [set for/re-set for]on__setfor___at
(6) im} Pretrial conference[held/continued to} [set for/re-set for]on__-__setfor____at_
(i) Q Trial{set for/re-set for] on at
(8) © — (Bench/Fury trial] [Hearing] held/continuedto__at
(9) © This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

CFRCP4(m) OC Local Rule 41.1 OC FRCP41(a)(1) 0 FRCP41(aX(2).

(10) Mi. (Other docket entry} Enter Memorandum Opinion And Order. The petition for appointment of the
special state’s attorneys is granted retroactive to the date that the conflict prevented the state’s attorney’s
office from representing the defendant.

, (11) [For further detail see order attached to the original minute order.)
No notices required, advised in open cout, ne

No notices required.

Notices mailed by judge's staff.
Notified counsel by telephone,
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Mail AO 450 form.

Copy to judge/magistrate judge.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
GAYLER COBBS. ) a
, ) be see i)
Plaintiff, ) Noy oo Y
) ? 2003
vs. ) No. 03 C 3841
)
MICHAEL F. SHEAHAN, etc., et al., )
)
Defendants. )

MEMORANDUM OPINION AND ORDER

Plaintiff brought this action alleging that defendants discriminated against her for over
eight years because of her refusal to contribute or raise money on behalf of defendant Citizens
for Sheahan. Defendant Michael Sheahan, in his official capacity as sheriff of Cook County,
filed a petition for appointment of special state’s attorneys. For the following reasons, the
petition is granted.

Illinois law allows us to appoint a special state’s attorney when the state’s attorney is
“interested in any cause or proceeding.” 55 ILCS 5/3-9008; McCall v. Devine, 267 Ill. Dec.
602, 334 TL App. 3d 192, 777 N.E.2d 405 (i Dist. 2002) (purpose of statute is to prevent
influence upon the discharge of duties by reason of personal interest). Circuit Court Judge
Nowicki found that an actual conflict of interest exists, which would prevent the state’s
attorney from adequately defending the interests of the defendants. Such an appointment is
therefore proper.

In challenging the petition plaintiff cites to Micnerski v. Sheahan, No. 02 C 7025 (N.D.

IL June 13, 2003), in which Judge Grady denied a similar petition, finding that an “off-hand

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No. 03 C 3841 Page 2

statement” about a potential conflict of interest was not enough to give rise to the granting of
apetition. Here, however, the state court has reviewed the facts and determined that an actual
conflict exists. The state’s attorney’s office has no objection to the appointment. We find no
reason to deny the petition and effectively deny the defendants adequate representation.
CONCLUSION
For the foregoing reasons, the petition for appointment of the special state’s attorneys

is granted retroactive to the date that the conflict prevented the state’s attorney’s office from

representing the defendant.

pre. ® Marsa.

JAMES B. MORAN
G ior Judge, U. S. District Court
cb 3/_, 2003.