Attorney Jack O'Malley, ex-First Assistant State's Attorney Kenneth Gillis, Former Assistant State's Attorney Steven Rissman, and Assistant State's Attorney Obrietta Scott, each individually and in his or her official capacity, as well as the State of Illinois, County of Cook and Cook County State's Attorney's Office, alleging the deprivation of a property interest in continued employment without due process of law under the Fourteenth Amendment, breach of an employment contract, and intentional infliction of emotional distress.  All defendants except for Gillis and Rissman in their individual capacities were eventually dismissed from the action.


6
Defendants Gillis and Rissman brought a Motion for Summary Judgment before the district court arguing that McGrath possessed no property interest in continued employment, that they were not liable in their individual capacities because McGrathargues that he was under the jurisdiction of the President of the Board of Commissioners of Cook County because 55 ILCS 5/4-2003 directs that the salaries of Assistant State's Attorneys "shall be fixed by the State's Attorney subject to budgetary limitations established by the county board and paid out of the county treasury."   However, the remainder of that very statute provides that "Assistant State's Attorneys to be named by the State's attorney of the county, ... shall take the oath of office in like manner as State's Attorneys, and shall be under the supervision of the State's Attorney," suggesting that Assistant State's Attorneys may rightly be viewed as arms of the State's Attorney and therefore as state officials.


21
Furthermore, 55 ILCS 5/3-9012, the Illinois statutory provision governing