{
  "id": 2784248,
  "name": "Axel Gilbert Anderson, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Anderson v. State",
  "decision_date": "1965-05-11",
  "docket_number": "No. 5207",
  "first_page": "198",
  "last_page": "201",
  "citations": [
    {
      "type": "official",
      "cite": "25 Ill. Ct. Cl. 198"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 247,
    "char_count": 4602,
    "ocr_confidence": 0.707,
    "pagerank": {
      "raw": 1.6890482869635825e-07,
      "percentile": 0.6988249121860001
    },
    "sha256": "c3486b3e2b205caf8e138963870463383837202dc66f76d561a3bded67d8576d",
    "simhash": "1:595fecdc9a6afd6a",
    "word_count": 757
  },
  "last_updated": "2023-07-14T21:18:55.670219+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Axel Gilbert Anderson, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Dove, J.\nClaimant is seeking an award for $11,370.00 for back salary as a Conservation Inspector I in the Department of Conservation of Illinois, Law Enforcement Division, from February 14, 1961, on which date he was unlawfully discharged, to June 30, 1963, plus court costs incurred by claimant in the amount of $110.30.\nOn February 1, 1961, William T. Lodge, Director of the Department of Conservation of Illinois, submitted to Maude Myers, Director of the Department of Personnel of Illinois, a written request for the separation of claimant from his employment as a Conservation Inspector I in the Department of Conservation of Illinois, Law Enforcement Division. Thereafter, claimant was laid off from his position on February 14, 1961.\nSubsequently, claimant filed a complaint for mandamus in the Circuit Court of Sangamon County, Illinois, and, on March 9, 1964, a decree was entered directing William T. Lodge and Maude Myers to reinstate claimant to his position and title of Conservation Inspector I as of February 14, 1961.\nFrom July 1, 1963 to the date of claimant\u2019s reinstatement, the court directed the Auditor of the State of Illinois to issue salary warrants and the Treasurer of the State of Illinois to pay such warrants in the amount of claimant\u2019s full salary and wages for such period.\nFrom February 14, 1961 to June 30, 1963, for which period funds had lapsed, the Circuit Court order provided as follows:\n\u201c(e) That this Court orders and declares the plaintiff, Axel Gilbert Anderson, is entitled to and has a right to the full salary and wages of his said position as Conservation Inspector I in the Department of Conservation of Illinois from February 14, 1961, to June 30, 1963.\u201d\nOn August 13, 1964, the Appellate Court for the Fourth District dismissed respondent\u2019s appeal from the Circuit Court of Sangamon County and issued its mandate to the Circuit Clerk of Sangamon County.\nThe State of Illinois has paid claimant in the amount of $5,630.32, his full salary and wages for the period from July 1, 1963 to August 18, 1964, the date of his reinstatement.\nBecause of the lapse of appropriations, claimant has filed his complaint in this Court to recover his salary and wages for the period of February 14, 1961, through June 30, 1963.\nIn prosecuting his mandamus action in the Circuit Court, and in defending the State\u2019s appeal in the Appellate Court, claimant incurred court costs in the amount of $110.30.\nThe mandate of the Appellate Court reads in part as follows:\n\u201cAnd it is further considered by the Court that the said appellee recover of and from the said appellants costs by him in this behalf expended the same to be collected in due course of law.\u201d\nThere are two issues in this case:\n(1) Respondent admits that claimant\u2019s gross wages for the period of February 14, 1961, through June 30, 1963, are in the amount of $11,370.00, but denies that claimant is entitled to an award for the full amount;\n(2) Respondent denies that claimant is entitled to an award for his Circuit and Appellate Court costs.\nIt was stipulated by the parties that claimant\u2019s outside earnings for the years in question were as follows:\n1961 ...........................$ 370.00\n1962 ........................... 2,263.55\n1963 (January 1, 1963, to June 30,\n1963, inc.).............. 868.02\nTotal.................$3,501.57\nThis Court is of the opinion that neither the language of Sec. 63-b-111, Chap. 127, 1963 Ill. Rev. Stats., nor the order of the Circuit Court of Sangamon County bars this Court from independently determining claimant\u2019s damages \u2014both with respect to mitigation of damages (see Schneider vs. State of Illinois, 22 C.C.R. 453), and set-offs of outside earnings during the period of unlawful dismissal (see Poynter vs. State of Illinois, 21 C.C.R. 393).\nThere is no authority in the Court of Claims Act for the payment of court costs expended in another court by a claimant. This part of the claim is denied.\nClaimant, Axel Gilbert Anderson, may seek back pay for the period from February 14, 1961, to June 30, 1963, in the amount of $11,370.00, less credit to the State for supplemental earnings during said period of time in the amount of $3,501.57, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $7,868.43.\nClaimant is, therefore, awarded the sum of $7,868.43.",
        "type": "majority",
        "author": "Dove, J."
      }
    ],
    "attorneys": [
      "R. W. Deffenbaugh, Attorney for Claimant.",
      "William G. Clark, Attorney General; Lee D. Martin, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 5207\nAxel Gilbert Anderson, Claimant, vs. State of Illinois, Respondent.\nOpinion filed May 11, 1965.\nR. W. Deffenbaugh, Attorney for Claimant.\nWilliam G. Clark, Attorney General; Lee D. Martin, Assistant Attorney General, for Respondent."
  },
  "file_name": "0198-01",
  "first_page_order": 234,
  "last_page_order": 237
}