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JONES v. HARRISON

United States District Court, N.D. Illinois, Eastern Division


September 16, 2004.

Versuslaw JONES, Plaintiff,
v.
MARIAM HARRISON, Defendant.

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Plaintiff Lois Jones has filed yet another motion requesting the court vacate its order denying her petition to proceed in forma pauperis against defendant Cook County Probate Judge Mariam Harrison for civil rights violations, slander and conspiracy. Plaintiff has fashioned the filing a "Motion to Vacate UNDER RULE 2-1401 Order entered on May 13, 2004." This motion follows a prior motion to reconsider and motion to vacate, both of which we denied. We assume plaintiff's reference to "Rule 2-1401" invokes the Illinois statute on relief from judgments, 735 ILCS 5/2-1401. Though that statute has no bearing, we set aside the procedural defects in plaintiff's motion (as we did in our previous memorandum opinion and order) and deny it on substantive grounds. Plaintiff has not presented any new arguments to support vacation of our ruling.*fn1

As we explained in our Memorandum Opinion and Orders dated May 13, 2004; May 27, 2004; and August 6, 2004, even if plaintiff's allegations are accepted as true, Judge Harrison is immune from liability for conversations with guardian ad litem Ellen Douglas, if not because they were performed within her jurisdiction and in a judicial capacity, see Alexander v. Reid, 2003 WL 1733648 at *2 (N.D.Ill. 2003); Offutt v. Kaplan, 884 F.Supp. 1179 (N.D. Ill. 1995), then because they were made to a guardian ad litem, an arm of the court, "preliminary to judicial or quasi-judicial proceedings." Parrillo, Weiss & Moss v. Cahion, 181 Ill. App. 3d 920, 928, 537 N.E.2d 851 (1989).

  CONCLUSION

  For the foregoing reasons, plaintiff's motion to vacate is denied.


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