Wozniak v. Conry

Procedural entryThis page is a short order in Wozniak v. Conry. Read the opinion of the Court — 288 Ill. App. 3d 129
Appellate Court of Illinois·Decided May 8, 1997·No. 4-96-0631·Published

Opinion

                              NO. 4-96-0631

                         IN THE APPELLATE COURT

                               OF ILLINOIS

                             FOURTH DISTRICT

LOUIS WOZNIAK,                          )    Appeal from

         Plaintiff-Appellant,          )    Circuit Court of

         v.                            )    Champaign County

THOMAS F. CONRY,                        )    No. 96L60

         Defendant-Appellee,           )

         and                           )

MICHAEL H. PLECK, LARRY R. FAULKNER,    )

C.K. GUNSALUS, WAYNE J. DAVIS, EDWARD N.)

KUZNETSOV, L. DANIEL METZ, DAVID E.     )

GOLDBERG, JURAJ V. MEDANIC, MARK W.     )

SPONG, WILLIAM R. SCHOWALTER, KEN       )

MURPHY, MICHAEL AIKEN, ROSCOE PERSHING, )

CAROLYN REED, and THE BOARD OF TRUSTEES )    Honorable

OF THE UNIVERSITY OF ILLINOIS,          )    John G. Townsend,

         Respondents in Discovery.     )    Judge Presiding.

_________________________________________________________________

         PRESIDING JUSTICE STEIGMANN delivered the opinion of

the court:

         In February 1996, plaintiff, Louis Wozniak, sued

defendant, Thomas F. Conry, for tortious interference with an

employment contract.  In July 1996, the circuit court dismissed

the complaint for lack of jurisdiction.  The court ruled that

because Conry's conduct arose solely out of conduct related to

duties imposed on him by virtue of his job at the University of

Illinois (University), a state institution, Wozniak's suit could

only be brought in the Court of Claims.  705 ILCS 505/8 (West

Supp. 1995).  Wozniak appeals, and we affirm.

                             I.  BACKGROUND

         Prior to July 1995, Wozniak was an associate professor

in the Department of General Engineering (Department) at the

University.  In August 1995, Wozniak was reassigned from a

teaching position to a position maintaining a website on the

World Wide Web for the College of Engineering (College).  In

February 1996, Wozniak filed a one-count complaint against Conry,

the acting Department head, alleging that Conry had tortiously

interfered with his employment contract with the University's

Board of Trustees (Board).

         In his complaint, Wozniak alleged Conry made false

accusations about him, knowing they were untrue or acting with

reckless disregard for their truth.  These accusations included

statements that Wozniak had (1) sexually harassed a female

employee; (2) deliberately failed to comply with course standards

and departmental policy regarding assignments, practice exams,

and grade books; and (3) graded capriciously and in violation of

University policies and procedures.  Wozniak also alleged that

Conry falsely told others in the Department that Wozniak was

unable to carry out his teaching duties in compliance with

professional and ethical standards.  Further, Wozniak alleged

that Conry told the Department's executive committee members that

the Dean of the College had requested the committee's support in

removing Wozniak from his assigned responsibilities, knowing this

statement to be untrue or acting with reckless disregard for its

truth.

         Wozniak also alleged that Conry knew of Wozniak's con-

tractual relationship with the Board and had acted with the

intent to interfere with this relationship.  Wozniak did not

allege that a specific provision of his contract had been

breached, but alleged that Conry intentionally interfered with

his employment relationship, directly and proximately causing him

to be removed from his position as associate professor.  Wozniak

alleged that this removal caused him to suffer emotional dis-

tress, humiliation, embarrassment, a loss of sleep and appetite,

and a loss of reputation.  

         In March 1996, Conry filed a motion to dismiss the

complaint, contending that the circuit court lacked jurisdiction

over Wozniak's claim.  Conry argued that Wozniak's claim was, in

effect, a claim against the state, which could only be brought in

the Court of Claims under section 8 of the Court of Claims Act

(Act) (705 ILCS 505/8 (West Supp. 1995)).  In the alternative,

Conry contended that the court should dismiss the complaint

because it failed to state a cause of action for tortious inter-

ference with a contractual relationship.  Specifically, Conry

asserted that Wozniak failed to allege his contract with the

Board had been breached by his reassignment.

         In May 1996, the circuit court dismissed Wozniak's

complaint for lack of jurisdiction without addressing the suffi-

ciency of the pleadings.  In its opinion letter, the court based

its decision on the fact that Wozniak's charges of negligence

arose solely out of duties imposed on Conry by virtue of his job

at the University.

         In June 1996, Wozniak filed a motion to reconsider.  He

argued that (1) the only duty Conry breached was the duty imposed

on all people, regardless of employment, not to interfere with

others' contractual relations; and (2) his claim was based on

Conry's intentional conduct, not negligence.  In July 1996, the

circuit court sent a second opinion letter to counsel, reaf-

firming its conclusion that it lacked jurisdiction because

Conry's conduct was related to his job duties at the University.

In both opinion letters, the court relied on the holdings in

Currie v. Lao, 148 Ill. 2d 151, 592 N.E.2d 977 (1992), and

Nikelly v. Stubing, 204 Ill. App. 3d 870, 562 N.E.2d 360 (1990).

                              II. ANALYSIS

         The issue before us is whether Wozniak's suit against

Conry, a supervisor for a state entity, is in reality a suit

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