Lake v. State of Illinois

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0179 Rel

Case Date: 05/19/2010

Preview:NO. 5-08-0179
NOTICE Decision filed 05/19/10. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ LAMONTE LAKE, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Clinton County. ) v. ) No. 08-MR-15 ) THE STATE OF ILLINOIS, ) Honorable ) Dennis E. Middendorff, Defendant-Appellee. ) Judge, presiding. ___________________________________________________________________________ JUSTICE SPOM ER delivered the opinion of the court: The plaintiff, an inmate at Centralia Correctional Center, appeals from the March 20, 2008, order of the circuit court of Clinton County dismissing his petition for common-law certiorari relief from a Court of Claims order dismissing his medical malpractice claim against the State and the Illinois Department of Corrections (Department). The plaintiff seeks the reversal of the circuit court's dismissal of his petition. For the following reasons, we reverse the judgment of the circuit court and remand with directions. BACKGROUND On March 18, 2008, the plaintiff filed pro se in the circuit court of Clinton County a petition for common-law certiorari relief, seeking review of the Court of Claims' dismissal of his medical malpractice claim against the State and the Department. The petition was titled "common-law petition" and requested that the circuit court "order a summons to issue in due form, directed to the Court of Claims to certify and bring the record of the proceedings of the Court of Claims before this court, and that [the Court of Claims'] order may be reversed and set aside."

disposition of the same.

1

The plaintiff's petition alleged that by dismissing his claim for his failure to attach a physician's affidavit of merit and written report, as required by section 2

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