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BEHL v. DUFFIN

No. 4-09-0812.

952 N.E.2d 1 (2010)

Ill.App.3d 1084

Richard BEHL and Gifty Smith, Plaintiffs-Appellants, v. Grace Hong DUFFIN, in Her Official Capacity as Acting Secretary of the Illinois Department of Human Services; The Illinois Department of Human Services; James P. Sledge, Director, the Illinois Department of Central Management Services; and the Illinois Department of Central Management Services, Defendants-Appellees, and Carol L. Adams, in Her Individual Capacity; and Maureen O'Donnell, in Her Individual Capacity, Defendants.

Appellate Court of Illinois, Fourth District.

December 10, 2010.

Attorney(s) appearing for the Case

Mary Lee Leahy (argued), Leahy Law Offices, Springfield, J. Brian Heller, Washington, for Richard Behl.

Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, Laura M. Wunder, Assistant Attorney General (argued), Chicago, for Grace Hong Duffin.

OPINION

Presiding Justice KNECHT delivered the judgment of the court, with opinion.

In February 2007, plaintiffs, Richard Behl and Gifty Smith, filed a class-action complaint, seeking mandamus, injunctive relief, and damages as a result of defendants' alleged unauthorized hiring of "contractual employees." Plaintiffs maintained the Personnel Code (20 ILCS 415/1 through 25 (West 2008)) did not authorize the hiring of contractual employees, but defendants...

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