Walker v. Chasteen

Individuals who had filed mortgage foreclosure complaints brought putative class action against circuit court clerks, alleging that provision of Code of Civil Procedure pursuant to which clerks had imposed “add-on” filing fees on such complaints violated free access clause of state constitution, and individuals sought injunctive relief and return of the allegedly unconstitutional fees. 

Held that plaintiffs’ claim for return of filing fees was a suit against the State that could be barred by sovereign immunity even though the complaint only named circuit court clerks, and not State, as defendants. The “officer suit” exception to sovereign immunity did not apply to plaintiffs’ claim seeking the return of filing fees because the plaintiffs did not allege that clerks engaged in any conduct that was outside of or contrary to their official authority. The fact that one of the two claims asserted by the plaintiffs sought forward-looking injunctive relief, and thus could fall within “officer suit” exception, did not render plaintiffs’ other claim seeking monetary redress also within the exception, even though the claims were based on the same conduct. 

Further, plaintiffs’ claim for monetary redress, which sought relief that was retrospective in nature, fell within exclusive jurisdiction of Court of Claims.