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ARMENIAN CHURCH BACK IN THE NEWS
Adrienne Fawcett
GazeboNews
http://gazebonews.com/2011/08/08/armenian-church-back-in-the-news/
Aug 9, 2011
District Judge Gary Feinerman of the U.S. District Court, N.D.
Illinois, Eastern Division, issued an opinion on Aug. 5 in the case
officially known as Michael v. Letchinger (casually referred to as
"the man who started a church in his house vs. Lake Bluff.")
Judge Feinerman wrote in his conclusion that "the defendants' motions
to dismiss are granted in part and denied in part."
GazeboNews asks readers with a background in legal matters to read
the document and help summarize it by commenting on this story. It
can be found at www.leagle.com.
Here's some of what it says:
On June 22, 2010, plaintiffs George Michael and his family filed four
motions against the Village of Lake Bluff, several village officials,
State Sen. Susan Garrett, and the Director of the Illinois Department
of Revenue. The Michael family claimed the defendants "committed
state law torts and violated their rights under the United States
Constitution."
The defendants filed four separate motions to dismiss.
According to the court document on www.leagle.com, the Michael family's
complaint sought at least $10.4 million in compensatory damages, as
well as punitive damages, costs, and fees. It also sought at least
$100,000 in compensatory damages and punitive damages on behalf of
the Church, a non-party.
Looking at the judge's concluding comments, it appears that claims
against the Village of Lake Bluff and Brian Hamer, the director of
the Illinois Department of Revenue, have been dismissed, and that
the Michael family cannot file another case on the same claim (ie:
they were "dismissed with prejudice".
Judge Feinerman also wrote that the Michael family's request for
damages on behalf of the Church, a non-party, is stricken.
But other claims were dismissed without prejudice, meaning the
plaintiff can file another suit on the same claim.
Here is Judge Feinerman's conclusion:
Conclusion For the foregoing reasons, Defendants' motions to dismiss
are granted in part and denied in part. The claims against the Village
of Lake Bluff and Director Hamer are dismissed with prejudice. The §
1983 claim against Senator Garrett, and the state tort claims against
Nellessen and O'Hara, are dismissed without prejudice and with leave
to file an amended complaint by September 2, 2011.
The § 1983 claims against Letchinger, Irvin, Nellessen, and Friedman
are dismissed with prejudice, except for the free exercise claims. The
complaint's request for damages on behalf of the Church, a non-party,
is stricken.
Adrienne Fawcett
GazeboNews
http://gazebonews.com/2011/08/08/armenian-church-back-in-the-news/
Aug 9, 2011
District Judge Gary Feinerman of the U.S. District Court, N.D.
Illinois, Eastern Division, issued an opinion on Aug. 5 in the case
officially known as Michael v. Letchinger (casually referred to as
"the man who started a church in his house vs. Lake Bluff.")
Judge Feinerman wrote in his conclusion that "the defendants' motions
to dismiss are granted in part and denied in part."
GazeboNews asks readers with a background in legal matters to read
the document and help summarize it by commenting on this story. It
can be found at www.leagle.com.
Here's some of what it says:
On June 22, 2010, plaintiffs George Michael and his family filed four
motions against the Village of Lake Bluff, several village officials,
State Sen. Susan Garrett, and the Director of the Illinois Department
of Revenue. The Michael family claimed the defendants "committed
state law torts and violated their rights under the United States
Constitution."
The defendants filed four separate motions to dismiss.
According to the court document on www.leagle.com, the Michael family's
complaint sought at least $10.4 million in compensatory damages, as
well as punitive damages, costs, and fees. It also sought at least
$100,000 in compensatory damages and punitive damages on behalf of
the Church, a non-party.
Looking at the judge's concluding comments, it appears that claims
against the Village of Lake Bluff and Brian Hamer, the director of
the Illinois Department of Revenue, have been dismissed, and that
the Michael family cannot file another case on the same claim (ie:
they were "dismissed with prejudice".
Judge Feinerman also wrote that the Michael family's request for
damages on behalf of the Church, a non-party, is stricken.
But other claims were dismissed without prejudice, meaning the
plaintiff can file another suit on the same claim.
Here is Judge Feinerman's conclusion:
Conclusion For the foregoing reasons, Defendants' motions to dismiss
are granted in part and denied in part. The claims against the Village
of Lake Bluff and Director Hamer are dismissed with prejudice. The §
1983 claim against Senator Garrett, and the state tort claims against
Nellessen and O'Hara, are dismissed without prejudice and with leave
to file an amended complaint by September 2, 2011.
The § 1983 claims against Letchinger, Irvin, Nellessen, and Friedman
are dismissed with prejudice, except for the free exercise claims. The
complaint's request for damages on behalf of the Church, a non-party,
is stricken.