Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by 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 …
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Mistake in Naming Correct Parties Justifies Relation Back Amendment by Amendments adding parties relate back to the filing of the original complaint only where there has been a mistake concerning the correct party, not where that party's identity was unknown. The court notes that "mistake" can include a legal mistake …
Retaliation Against Chaplain for Trying to Educate Prisoner Upheld by The plaintiff, a prison chaplain, tried to arrange literacy training for a "circuit rider," a prisoner kept permanently in segregation and frequently transferred. The warden refused to let him do it, suggesting an educator would be a more appropriate choice. …
Venue Proper Where Claim Arose by The plaintiff alleged excessive force by guards and two of the defendants moved to dismiss for improper venue or to transfer. Since one defendant lives in the Northern District of Illinois, venue there is proper. The court transfers the case to the Central District …
Skeletal Disease Suit Dismissed by The plaintiff complained that he had a painful calcium overgrowth in his wrists for three years and the defendants failed to send him to a specialist or to provide surgery. His condition is a serious medical need. However, defendants' conduct represents a decision to treat …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable by Kenneth R. Dye, an Illinois state prisoner, appealed in state court the outcome of his prison disciplinary proceeding. He argued that he wasn’t served with notice of the charges against him or allowed to attend the hearing. His institutional …
Illinois Seizes Prisoner’s Life Insurance Inheritance by Leonce J. Ruckman, an Illinois state prisoner who had been incarcerated since 1988, received the benefits of his mother’s life insurance policy after she died. He used some of the proceeds to purchase a MetLife annuity with a cash value of $32,178.22. When …
Illinois Police Brutality Suit Settles for $180,000 by The City of Waukegan (Illinois) settled a civil rights action against police for $180,000 after the 2005 macing and beating of concerned citizen Rogelio Rios Castillo. Castillo verbally tried to prevent police from excessively beating an arrestee in front of his home. …
Illinois Prisoners Win $8 Million for Failure to Treat Hep C by A federal jury has awarded four Illinois prisoners over $2 million apiece in a civil rights action filed against state prison officials for denying treatment for Hepatitis C (Hep C). In 2005, Edward J. Roe, Anthony P. Stasiak, …
Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million by A federal jury has awarded over $2 million to a man who was acquitted of attempting to abduct two young girls. In March 2001, a man approached an eight-year-old girl on the front porch of her home in …
Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment by The Seventh Circuit Court of Appeals has reversed an Illinois federal district court’s grant of summary judgment to officials at the Cook County Jail in a civil rights action that alleged inadequate medical assistance resulting in a prisoner’s …
