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Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed

Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed.

Moran lied to a grand jury in 1979 after guaranteed immunity in a criminal prisoner beating action at Statesville Correctional Center where he worked as a captain. His 1980 perjury admission was relayed to the DOC by the U.S. Attorney's Office resulting in his dismissal after a CSC hearing determined his violation of administrative regulations for discrediting himself and the agency. Moran appealed the affirmation claiming Fed. R. Grim. P. 6(e) violation against the U.S. Attorney's Office for revealing grand jury testimony, that he was immune from liability, and that his dismissal was not warranted.

The First District, First Division Appellate Court of Illinois held that the testimony’s release at a subsequent trial made it public record and his immunity applied to civil damages and not adverse employment actions. The court further held that his release was not in error because it was not a criminal proceeding and the CSC's decision was not unreasonable, arbitrary, or unrelated to his DOC position. See: Moran v. Illinois Civil Service Commission, 458 N.E.2d 1021 (1983).

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Related legal case

Moran v. Illinois Civil Service Commission