The opinion of the court was delivered by: Decker, Senior District Judge.
MEMORANDUM OPINION AND ORDER
Raymond Pempek (Pempek) and Gary Sternberg (Sternberg) brought
this section 1983 action against the City of Chicago (the City)
and Jim Edgar, the Illinois Secretary of State (Edgar or the
Secretary). The complaint alleges that the City violated
Pempek's constitutional rights in connection with his arrest
for twenty delinquent parking tickets and that Edgar deprived
him of his constitutional rights when Edgar suspended his
driver's license. Sternberg charges that the suspension of his
driver's license deprived him of his constitutional rights.
Both the City and Edgar move to dismiss.
On August 26, 1983, Pempek "was arrested pursuant to [a]
warrant issued by the Clerk of the Circuit Court of Cook
County, Illinois, charging the Plaintiff with twenty (20)
outstanding municipal automobile parking violation notices
against him." Amended Complaint at ¶ 1. The same day, he paid
$400.00 as a bail bond. The clerk issued a bail order demanding
Pempek's appearance on October 6, 1983 at 321 North LaSalle
Street, Room 103, Chicago, Illinois. On that date, Pempek
"appeared before a State Court Judge . . . as required by his
bail bond conditions, and demanded a trial." Id. at ¶ 4. The
City was not ready, and the judge granted a continuance over
On October 5, 1983, Pempek received notice that Edgar had
suspended his license under Ill.Rev.Stat. ch. 95 1/2;, § 6-306.1
(section 6-306.1). Edgar also suspended Sternberg's license
under this provision.
Section 6-306.1 requires Edgar to suspend anyone's license when
Edgar receives notice that the person has an outstanding
warrant against him. The suspension occurs without a hearing.
Section 6-306.1(a). The Secretary cannot reinstate the license
until Edgar receives notice that the licensee has satisfied the
warrant. Id. Before the Secretary suspends the license,
however, he must also receive notice that the court clerk
mailed the licensee notice of the warrant at his last known
address sixty days before the suspension. Id. The Secretary
must also know the licensee's full name, date of birth, sex,
and driver's license number as well as the registration number
of the motor vehicle registered to the alleged violator. Id.
Plaintiffs claim that these actions by Edgar and the City
deprived them of due process under the fifth and fourteenth
amendments to the United States Constitution and that the
statute and the City's actions are a bill of attainder
prohibited by article I of the Constitution. The complaint
seeks injunctive and declaratory relief as well as attorneys'
fees, costs, and the money "collected by the City of Chicago
pursuant to the authority of Illinois." Amended Complaint at 5.
Both the City and Edgar move to dismiss on various grounds.
On a motion to dismiss, the court must "take [the plaintiffs']
allegations to be true, and view them, together with reasonable
inferences to be drawn therefrom, in the light most favorable
to the plaintiff." Powe v. City of Chicago, 664 F.2d 639, 642
(7th Cir. 1981). "[A] complaint should not be dismissed for
failure to state a claim unless it appears beyond doubt that
the plaintiff can prove no set of facts in support of his claim
which would entitle him to relief." Conley v. Gibson,
355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The
complaint, however, must "contain either direct allegations on
every material point necessary to sustain a recovery on any
legal theory, even though it may not be the theory suggested or
intended by the
pleader, or contain allegations from which an inference fairly
may be drawn that evidence on these material points will be
introduced at trial." Sutliff, Inc. v. Donovan Companies,
727 F.2d 648, 654 (7th Cir. 1984).
A. Constitutionality of Ill.Rev.Stat. ch. 95 1/2;, §
Section 6-306.1 provides in relevant part:
Failure to pay fines for traffic and parking violations. (a)
The Secretary of State, upon receipt of a form prescribed by
him that there is a warrant outstanding in any one county in
Illinois for the arrest of a violator for ten or more parking
violations . . . shall immediately suspend the drivers license
of said violator without a hearing, and shall not remove such
suspension, nor issue any license or permit to said violator
until notified by the Clerk of the Court in said county that
the violator has appeared and satisfied the outstanding warrant
against him. (b) The form prescribed by the Secretary shall be
certified by the Clerk of the Court and shall contain the
(1) That the violator against whom the warrant is outstanding
has been notified of said warrant by mailing it to his last
known address at least 60 days prior to certification to the
Secretary of State by the Clerk.
(2) The full name, date of birth, sex, and drivers license
number of the violator, and in the case of parking violations
the registration number of the motor vehicle registered to
Plaintiffs interpret this section to prohibit the Secretary
from ever holding a hearing regarding a suspension. Edgar notes
that after a suspension, a driver may apply under Ill.Rev.Stat.
ch. 95 1/2;, ¶¶ 2-118(a) and 2-118(e) for an administrative
hearing subject to ...