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McCall v. Devine8/30/2002
this case the record indicates that the trial court clearly accepted all well-pled facts as true and disregarded all surplus and conclusory allegations. Teeple v. Hunziker, 118 Ill. App. 3d at 497. McCall's petition was insufficient in that it lacked the requisite specific facts that would establish the alleged disqualifying bond. The applicable case law requires us to look at the individual interest of the State's Attorney. The only interest cited in this case is McCall's allegation that over 90% of the cases prosecuted by the Cook County State's Attorney's office are investigated by the Chicago police department. While McCall strongly argues that the facts of this specific case (conflicting versions of the shooting) require the appointment of a special prosecutor, none of the facts pled relating to this shooting make the State's Attorney personally interested in this case. To require McCall to plead and prove anything less than such specific facts would open the door to requiring a special prosecutor to be appointed any time a police officer is suspected of wrongdoing. See Baxter v. Peterlin, 156 Ill. App. 3d 564, 566 (1987). Therefore, because McCall's petition failed to state a cause of action for the appointment of a special prosecutor, we find that the trial court properly denied McCall's petition and granted Devine's motion for judgment on the pleadings.
For the foregoing reasons, we affirm the decision of the trial court.
Affirmed.
GREIMAN and REID, JJ., concur.
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