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KIRBY v. SPROULS

No. 88-2245.

722 F.Supp. 516 (1989)

Dixie KIRBY, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. Clayton A. SPROULS, in his official capacity as Clerk of the Circuit Court, Edgar County, Illinois, Defendants.

United States District Court, C.D. Illinois.

September 13, 1989.

Attorney(s) appearing for the Case

Valerie McWilliams & John Roska, Land of Lincoln Legal Assistance Foundation, Inc., Champaign, Ill., Richard Chase, Land of Lincoln Legal Assistance Foundation, Inc., East St. Louis, Ill., for plaintiff.

Neil F. Hartigan, Atty. Gen., Randy E. Blue, Asst. Atty. Gen., Springfield, Ill., for Sprouls.

ORDER

BAKER, Chief Judge.

This matter is before the court on the plaintiff's motion for summary judgment. For the reasons discussed below, the motion is allowed.

I. BACKGROUND

The plaintiff, Dixie Kirby, brought this class action1 pursuant to 42 U.S.C. § 1983, seeking declaratory and injunctive relief on the grounds that the procedure providing for garnishment in the Illinois statute governing wage deductions...

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