My neighbor has a case against the IL Sec of State, who gets served?

[XNavyLT]

What is the name of your state? IL

OK, something came up today with my neighbor. He called me/asked me for advice. He's a truck driver, was pulled over in MI for a safety inspection. The officer told him his license was suspended, wrote a cit, and told him under no circumstances was he to leave the roadside, but he (the officer) would not be back near there for the rest of the day**************...

Anyway, it was all due to him not having one of his car's emission checked, for which he received a letter last week explaining that his car's license plates were to be suspended as of MAY 27th, unless he gets the emissions done before then (all would be ok).

After the officer left he called the IL SOC, and asked why his lic was susp...was told it was due to the emissions (or lack thereof), and to get the test done and he would be reinstated 72hrs later.

He just called me to confirm it was his PLATES to be susp, not his LIC, and it was MAY 27TH. Now, his company suspened him for 1 week, without pay for the suspension, and since it was in error I suggested he sue the IL SOC for his monetary damages due to his unwarranted suspension.

QUESTION: Who gets served? Who is named as respondent on the filing?

My guess: The IL SOC himself, at the local SOC office.

Anything to add? Am i wrong? does he have a case? He makes about $500/day (not too bad, actually) so its not a small case.

any other ideas? thanks for your attention to this.

 

[racer72]

Anyway, it was all due to him not having one of his car's emission checked

He wants to sue the state for his failure to comply with the law. He would likely find the state is immune from lawsuits of this type anyway. Tell him he needs to talk to a local attorney for advice, not his neighbor.

 

[XNavyLT]

He wants to sue the state for his failure to comply with the law. He would likely find the state is immune from lawsuits of this type anyway. Tell him he needs to talk to a local attorney for advice, not his neighbor.

Well, he was in compliance with the law, he had 2 weeks to get it done, but his lic went onto susp before THEIR deadline, causing him to lose pay. It would be a $1500 case, and to sink money into attorney's fees would make it hardly worthwhile.

 

[tranquility]

He can't figure out who to serve and getting an attorney won't be worthwhile? My goodness. Have you guys even figured out the cause of action ? Bye-the-bye, have you asked the state if you can sue them yet? I mean, them being a sovereign entity and all.