In the United States Court of Appeals For the Seventh Circuit No. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. In this case Frances J. and Willa B. represent a class of mentally impaired adults over the age of 60 who have been or will be adjudicated disabled in the probate court of Cook County. Defendants removed the case to federal court and subsequently moved to dismiss the plaintiffs' complaint. The district court granted Defendant's motion.
Plaintiffs here appeal.
Because the federal courts lack subject matter jurisdiction over this case, we vacate the judgment of the district court and remand this case with the instructions that the district court remand it back to the state courts. The named plaintiffs, Frances J. and Willa B., represent a class of elderly persons, most of whom suffer from Alz- heimer, dementia or organic brain syndrome dysfunctions. At the time this suit was filed, Frances, at 75 years old, suffered from an organic brain syndrome dysfunction, while Willa, at 100, suffered from dementia of the Alzheimer type. Depending on an applicant's DONA score, the state will reimburse the Guardian for the allowed level of home health-care services. Defendants removed the case to federal court, where the district court dismissed the suit for failure to state a claim.