Court Reverses Del Raine v. Carlson by The United States Court of Appeals for the Seventh Circuit reversed a ruling that an Illinois Federal Prisoner was entitled to relief in form of expungement of record of his confinement to segregation. The decision was made without published opinion. See: Del Raine …
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
Sentence of Internet Usage Ban Requires Notice and Limitations. by The Seventh Circuit Court of Appeals held a special provision of supervised release that prohibits "access to any internet services without prior approval of the probation officer" requires notice prior to the hearing and limitations on the ban. This is …
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
Class Representative Must Have Same Interest as Class by An Illinois federal district court has held that a prisoners' class action may proceed with a new representative when the original representative's claims no longer possesses the same interest and suffered the same injury of the class. After discovery, the class …
Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
IL DOC Director Must Exercise Discretion on Good Time Awards by The Illinois Fourth District Court of Appeals reversed the dismissal of a mandamus petition seeking to enforce the Director of the Department of Corrections duty to exercise his discretion to award good time credits. The Director implemented an unwritten …
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
IL Guard's Challenge to Her Dismissal Held Untimely by Erma Rodriguez, a jail guard, was fired by the Sheriff's Merit Commission of Kane County, Illinois (Commission). A copy of that decision was mailed to her on May 23, 2003. She filed for review by a Kane County trial court on …
State Appointment and Compensation of Attorneys in Federal Action Upheld by The United States Court of Appeals for the Seventh Circuit held that legal counsel appointed in Illinois state court were legally appointed in state court and compensated by state court order in a federal civil rights action. Joan Schmude, …
OK to Feed Hunger striking Illinois Prisoner by The Illinois Fourth District Court of Appeal affirmed a trial Court's injunction allowing prison officials at the Pontiac Correctional Center: to force feed a prisoner on hunger strike, which was began (1) Protesting his transfer to Pontiac, (2) objecting to having his …
Law Library Denial Didn't Prevent Habeas Filing by The petitioner failed to file his state post-conviction relief petition timely, so claims not raised on direct appeal are procedurally defaulted. At 984: Petitioner alleges that acts of the State, in keeping him from the law library for a time and confiscating …
Police Surveillance Consent Decree Modified by The court directs modification of a consent decree intended to protect First Amendment activity against police surveillance by removing various onerous requirements ("a dizzying array of highly specific restrictions") while preserving the prohibition on investigations intended to interfere with or deter protected activity and …
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
Forcible Drugging of IL Prisoner Upheld by The plaintiff complained of being medicated against his will. Defendants followed their procedures, which are constitutional, except that the plaintiff never received a decision on his appeal to the Medical Director. At 880: ". . . [T]he failure of the prison officials to …
