Hendrix v. Board of Education

556 N.E.2d 578, 199 Ill. App. 3d 1, 144 Ill. Dec. 900, 1990 Ill. App. LEXIS 599
CourtAppellate Court of Illinois
DecidedApril 27, 1990
DocketNo. 1—88—2864
StatusPublished
Cited by3 cases

This text of 556 N.E.2d 578 (Hendrix v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hendrix v. Board of Education, 556 N.E.2d 578, 199 Ill. App. 3d 1, 144 Ill. Dec. 900, 1990 Ill. App. LEXIS 599 (Ill. Ct. App. 1990).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

This appeal follows dismissal (Ill. Rev. Stat. 1987, ch. 110, par. 2— 615) of plaintiff’s cause of action sounding in tort.

We affirm.

The record indicates plaintiff Leazo Hendrix was employed as a school clerk at Bethune Elementary School. On December 3, 1986, the Chicago Board of Education (Board) filed charges against plaintiff based, generally, on insubordination, unsatisfactory conduct, and unsatisfactory job performance. Ultimately, a hearing officer found the charges substantiated and plaintiff was dismissed from her employment.

The record indicates plaintiff did not seek timely administrative review of that action.

On December 16, 1988, plaintiff filed her original pro se complaint in the matter giving rise to this appeal. That complaint named, as defendants, Warren Franczyk, Helen Mardis, Audrey Ongman, and Manfred Byrd, Jr., all employees of the Board. The Board itself was not named as a defendant.

On March 20, 1987, the four named defendants moved to dismiss plaintiff’s complaint.

Instead of responding to the motion, on August 3, 1987, plaintiff filed a document labeled “Second Complaint in Brief,” which we will refer to as plaintiff’s first-amended complaint. That complaint, like plaintiff’s original complaint, was labeled as sounding in “defamation-libel” and named the same four Board members as defendants.

Defendants were given leave to, and did, file a motion to dismiss plaintiff’s first amended complaint. That motion was granted on February 22,1988, and plaintiff was given 28 days to amend her complaint.

On March 18, 1988, plaintiff filed a document labeled “Amended,” which we will refer to as plaintiff’s second-amended complaint. That complaint named only Franczyk and the Board as defendants.

On April 5, 1988, plaintiff filed a document labeled “Amended Cont’d,” which we will refer to as plaintiff’s third-amended complaint. That complaint named, as defendants, Franczyk, the Board, and the Chicago Teachers Union (Union).

The Union successfully moved to dismiss plaintiff’s third-amended complaint. However, the circuit court subsequently vacated its order and granted plaintiff leave to amend.

On June 27, 1988, the Board, on behalf of itself and Franczyk, moved to dismiss plaintiff’s second-amended complaint.

On July 25, 1988, plaintiff filed another document labeled “Amended Complaint,” which we will refer to as plaintiff’s fourth-amended complaint. Only the Board and Union were named as defendants in that complaint.

On July 20, 1988, plaintiff filed a document labeled “Amended Complaint & Memorandum In Support of Response-Not to Dismiss.”

On July 25,1988, the Union renewed its motion to dismiss.

On August 15, 1988, the circuit court dismissed all pending complaints.

This appeal followed.

Opinion

The Code of Civil Procedure (Code) requires that all pleadings contain a plain and concise statement of the cause of action and a specific prayer for relief. (Ill. Rev. Stat. 1987, ch. 110, pars. 2—603(a), 2—604.) The Code also provides that no pleading should be considered legally insufficient where it contains such information “as reasonably informs the opposite party of the nature of the claim.” (Ill. Rev. Stat. 1987, ch. 110, par. 2—612.) Thus, pleadings should be construed liberally “with a view to doing substantial justice between the parties.” (Ill. Rev. Stat. 1987, ch. 110, par. 2—603(c).) However, after carefully considering each of the documents filed by plaintiff in the instant matter, with particular consideration given to the fact that plaintiff had no legal training, we conclude that, even under a most liberal reading, all fail to satisfy the minimum required under the Code to state a recognizable cause of action.

Although, generally, prior pleadings are superseded by amended pleadings (see Burdin v. Jefferson Trust & Savings Bank (1971), 133 Ill. App. 2d 703, 269 N.E.2d 340), we consider, in turn, each of plaintiff’s complaints. We note here that all of the complaints are handwritten. Although largely legible, much that is contained in the complaints is difficult to follow.

Plaintiff’s original complaint was labeled “defamation-libel.” The complaint stated Franczyk had made “false reports” to police officers on May 12, 1988, concerning an incident which occurred at Bethune Elementary School. The complaint indicates plaintiff claimed she was struck by another teacher and that Franczyk told police officers “ ‘some staff members said [plaintiff] offered to pay them to witness what occurred in office vault’ (assault).” The complaint alleged Franczyk forwarded the reports to the Board with other documents “in request for a conference which was actually a ‘hearing,’ ” and thereby did harm to plaintiff’s character. The complaint stated Mardis submitted a memo containing untruths to plaintiff’s personnel file, causing more harm to plaintiff’s character, Ongman accepted such documents, and Byrd also participated in the defamation. The complaint contains no specific prayer for relief.

Plaintiff’s complaint is defective for several reasons. No specific allegations are directed at defendants Mardis, Ongman, and Byrd concerning defamation of plaintiff as required in Hlinois. (See American International Hospital v. Chicago Tribune Co. (1985), 136 Ill. App. 3d 1019, 483 N.E.2d 965.) As to Franczyk’s alleged statement, that allegation, without more, cannot be considered libelous per se as being so obviously and naturally harmful as to have harmed plaintiff’s reputation. (See American International Hospital (1985), 136 Ill. App. 3d 1019, 483 N.E.2d 965.) No actual harm is alleged. Nor did the complaint allege special damages to support a cause of action for libel per quod. See American International Hospital, 136 Ill. App. 3d 1019, 483 N.E.2d 965.

Plaintiff’s amended complaint apparently pertains to the same statement recorded in plaintiff’s original complaint. As against Mardis, plaintiff’s amended complaint stated “Mardis signed memo to file (my personal file) 2 pages of confession of truth of verbal concealing.” Further, “the memo to file also consisted of untrue/hearsay, and placing me under police threat.” As to Ongman, plaintiff alleged Ongman “confirmed by telephone decisions(s) on untrue-hearsay information submitted to her” by Franczyk and, further, “submitted untrue information to agencies three letters of termination under oath.” As to Byrd, the complaint alleged he received the “untrue/hearsay” information and sent “untrue information through school system.” Plaintiff also alleged Byrd contributed to the defamation of plaintiff’s character “by letting Mrs. Ongman sit as police, judge and jury of [plaintiff’s] case.” The complaint contains no prayer for relief.

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Bluebook (online)
556 N.E.2d 578, 199 Ill. App. 3d 1, 144 Ill. Dec. 900, 1990 Ill. App. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendrix-v-board-of-education-illappct-1990.