Judgment for Guards who Allegedly Sodomized and Burned Prisoner Upheld by On January 27, 2009, the U.S. Court of Appeals for the Seventh Circuit affirmed a grant of summary judgment for two guards accused of providing deliberately indifferent medical care and a jury verdict in favor of the guards on …
Seventh Circuit Reverses Dismissal Of Medical Care Claims by The U.S. Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 action claiming deliberately indifferent medical care. Vantice Beshears alleged that while incarcerated at the Champaign County Jail, medical staff prescribed and …
State Did Not Err In Laying Off Guards by The Appellate Court of Illinois, Fourth District, has reversed a decision by the Illinois Labor Relations Board (ILRB) holding that the State of Illinois failed to bargain in good faith before laying off numerous Illinois prison guards. The decision to lay …
Brandon v. Advanced Correctional Healthcare, IL, Deposition of Scott, Wrongful Death, 2009 1:06-cv-01316-JAG # 190-48 Page 1 of 487 E-FILED Thursday, 31 December, 2009 01:34:33 PM Clerk, U.S. District Court, ILCD 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF ILLINOIS 3 PEORIA DIVISION 4 5 LAZINNIAL BRANDON, ) …
Westefer v. Snyder, IL, Plf Proposed CoL, ad seg condition of confinement, 2009 Case 3:00-cv-00162-GPM Document 526 Filed 12/16/09 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Robert Westefer, et al., Plaintiffs, No. 00-162-GPM v. Donald Snyder, et al., Defendants. PLAINTIFF CLASS’S …
Illinois Expungement-Following-Pardon-For-Innocence Statute Discretionary by On March 19, 2009, the Illinois Supreme Court held that the statute governing expungement of records following a pardon for innocence is discretionary even if the pardon specifically authorizes expungement. Stanley Howard and Dana Holland are former Illinois state prisoners who received gubernatorial pardons based …
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
Denial of Allocution During Supervised Release Resentencing Requires Remand by The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied him the right to allocution upon revocation of his supervised release and imposition of a new sentence. Bernard J. O’Hallaren, III, …
$750,000 Settlement in Chicago Jail Mass Beating Suit by On June 4, 2009, the finance litigation subcommittee of the County Board of Cook County, Illinois moved to settle a lawsuit over an alleged mass beating at the Cook County Jail. In August 2006, Dwond Donahue, Jerome Fountain, Bernard Garcia, Darryl …
Citizen Complaints Against Police Officer not Exempt from Disclosure under Illinois FOIA by On July 20, 2009, the Illinois Court of Appeals affirmed in part, reversed in part and remanded for further proceedings the dismissal of a complaint filed by G. Mark Gekas against the Sheriff of Sangamon County seeking …
Paralegal Barred from Illinois Prison by On August 22, 1983, the Seventh Circuit affirmed a lower court's decision to deny relief to Illinois prisoner Preness Crusoe. Crusoe filed a complaint against the warden of Stateville Correctional Center in Joliet, Illinois, Richard DeRobertis, for his decision to deny visitation privileges to …
Privatized Prison Medical Care in Mississippi Still Problematic by David Reutter by David M. Reutter Anyone looking for evidence that privatized prison health care is a complete failure need look no further than Mississippi. In 2001, the per capita death rate for Mississippi prisoners was around the national average. By …
$21 Million Jury Award for Illinois Wrongful Conviction by David Reutter by David M. Reutter In June 2009, an Illinois federal jury awarded $21 million to a former prisoner who served 11-1/2 years for a murder he didn’t commit. The basis of the claim was that Chicago police detective Reynaldo …
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Davidson v. City of Chicago, IL, Testimony of Schmitz, Police Shooting of a Juvenile, 2009 1 1 STATE OF ILLINOIS SS: 2 3 COUNTY OF COOK IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION 4 5 CHANTEL DAVIDSON, a Minor by and through her Mother …
Hahn v. Walsh et al, IL, Plf re MTD, Diabetic Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION PATRICK HAHN and ERIK REDWOOD, ) Administrator of the Estate of JANET LOUISE ) HAHN, Deceased, ) ) Plaintiffs, ) ) vs. ) ) …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Summary Judgment Denied Illinois Lawmen for Assaulting Prisoner During Booking by In August 2007, Tony Swift was arrested by Wiliamson County, Illinois Sheriff's Deputies Kyle Rinella and Jeff Hutchinson (Defendants) on charges of disorderly conduct. Soon thereafter, Plaintiff Swift's attorney, Hugh R. Williams of Carbondale, Illinois, filed suit pursuant to …
Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction by Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction The U.S. Supreme Court held that a state prisoner suing for wrongful arrest must file …
