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

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.

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.