The First Judicial District of the Appellate Court of Illinois has determined that the state Department of Financial and Professional Regulation wasn’t protected by sovereign immunity  with regard to the awarding of attorney fees and costs under the Mental Health and Development Disabilities Confidentiality Act.

The court affirmed an award of reasonable attorney fees and costs under the act, concluding that the department was not entitled to immunity because the primary relief sought was to enjoin the department from engaging in prohibited conduct, and the fee award was ancillary to the injunctive relief.