{
  "id": 5323473,
  "name": "Marion Anderson, Claimant, v. State of Illinois, Respondent",
  "name_abbreviation": "Anderson v. State",
  "decision_date": "1978-11-02",
  "docket_number": "No. 76-CC-0822",
  "first_page": "615",
  "last_page": "617",
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      "cite": "32 Ill. Ct. Cl. 615"
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    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
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    "name_long": "Illinois",
    "name": "Ill."
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  "last_updated": "2023-07-14T16:54:10.322906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Marion Anderson, Claimant, v. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Polos, C.J.\nClaimant, Marion Anderson, has brought this action seeking to recover back pay for a period during which she was improperly discharged from her employment at the Andrew McFarland Zone Center of the Department of Mental Health and Developmental Disabilities of the State of Illinois. The sole issue in the case appears to be whether Claimant properly mitigated her damages during the period of her discharge.\nOn April 3,1974, the Department of Mental Health and Developmental Disabilities of the State of Illinois discharged Claimant. Pursuant to the Personnel Code of the State of Illinois, Claimant appealed this decision, and on June 16,1975, a judge of the Circuit Court for the Seventh Judicial Circuit of Illinois held her discharge improper and ordered her reinstated to her former position. Claimant was so reinstated on July 1, 1975.\nThe Claimant had been hospitalized on December 9,1973, and was under a physician\u2019s care until June 11, 1974, when she was released by her doctor to return to work. Claimant computes the period for which she seeks damages for her wrongful discharge from June 11,1974, to July 1,1975, the date of her reinstatement. Claimant computes her lost salary during the period as $8,560.46.\nOn June 13, 1974, Claimant applied for Unemployment Compensation. She received 26 weeks of compensation, plus extended benefits, which totalled $2,280.00.\nOn June 18, 1974, Claimant applied for employment with the Springfield Mass Transit District. She was denied employment by the District, and subsequently filed a claim with the Fair Employment Practices Commission, contending that she was denied employment on racial grounds. On July 17, 1974, the Fair Employment Practices Commission ruled against Claimant.\nClaimant testified that during the course of her discharge she also registered at the Illinois State Employment Service, and applied for cleaning work at retail stores. However, it appears that during the entire period of her discharge Claimant was unable to find employment.\nThis Court has long held that where a Civil Service Employee is illegally prevented from performing his duties, he is entitled to back salary if he is subsequently reinstated. However, he must do all in his power to mitigate his damages. Cordes v. State, 24 Ill.Ct.Cl. 491; Bryant v. State, 25 Ill.Ct.Cl. 87.\nIn Schneider v. State, 22 Ill.Ct.Cl. 453, at 463, this Court said:\n\u201cIt is well settled in this State that a Claimant must do all in his power to mitigate damages, and we do not feel that Claimant has done what the law requires of him in mitigation and, in that regard, sitting as a jury, we have the right to fix the damages, and make an award, which we believe would be fair to all concerned. We are however, not bound by the bill of particulars, stipulation or answers to interrogatories, and can arrive at a figure in addition to the deductions made for other earnings .. .\u201d.\nSee also, Sullivan v. State, 26 Ill.Ct.Cl. 117.\nHere the evidence before the Court shows that Claimant did make some effort to mitigate damages, in applying for work with the Springfield Mass Transit District, and at retail stores. However, the Court does not feel that these efforts, during the course of a one year period from June 11,1974, to July 1,1975, constituted a full effort by Claimant to mitigage her damages.\nThe Court also notes that during this period, Claimant received the sum of $2,880.00 in unemployment compensation, which must be deducted from the amount Claimant would have earned had she remained in State employment in computing the amount of damages to which she may be entitled.\nThe Court feels that for the foregoing reasons, Claimant should be awarded the sum of $2,500.00, as compensation for her wrongful discharge.\nIt is therefore ordered that Claimant is, and hereby is awarded the sum of $2,500.00",
        "type": "majority",
        "author": "Polos, C.J."
      }
    ],
    "attorneys": [
      "Barbara J. Hillman, Cornfield & Feldman, Attorneys for Claimant.",
      "William J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 76-CC-0822\nMarion Anderson, Claimant, v. State of Illinois, Respondent.\nOpinion filed November 2,1978.\nBarbara J. Hillman, Cornfield & Feldman, Attorneys for Claimant.\nWilliam J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
  },
  "file_name": "0615-01",
  "first_page_order": 729,
  "last_page_order": 731
}