No. 25-5529

Billy Torain v. Illinois Human Rights Commission, et al.

Lower Court: Illinois
Docketed: 2025-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedure agency-misconduct civil-rights due-process federal-injunction race-discrimination
Key Terms:
DueProcess ClassAction
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether a state civil rights agency violates the Due Process Clause when it assures a complainant that a race claim is part of the charge, misleads the complainant into believing the claim will be investigated, and then dismisses the case for failure to include the very claim the agency promised to investigate

Question Presented (OCR Extract)

1. Whether a state civil rights agency violates the Due Process Clause, consistent with Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982), when it assures a complainant that a race claim is part of the charge, misleads the complainant into believing the claim will be investigated, and then dismisses the case for failure to include the very claim the agency promised to investigate. 2. Whether a state civil rights agency and reviewing courts violate the Due Process Clause and the Supremacy Clause when they resolve credibility and intent disputes without a hearing, in direct contravention of a binding federal injunction (Cooper v. Salazar, 2001 U.S. Dist. LEXIS 17952 (N.D. Ill. 2001)), the State Legislators revocation of the agency ’s authority to make such determinations (Public Act 94-0146), and the agency ’s own published notice forbidding such determinations at the investigative stage.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-09
DISTRIBUTED for Conference of 11/7/2025.
2025-09-08
Waiver of Illinois Human Rights Commission and Illinois Department of Human Rights of right to respond submitted.
2025-09-08
Waiver of right of respondents Illinois Human Rights Commission and Illinois Department of Human Rights to respond filed.
2025-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2025)

Attorneys

Billy Torain
Billy Torain — Petitioner
Billy Torain — Petitioner
Illinois Human Rights Commission and Illinois Department of Human Rights
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent