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Case Name Gibson v. McEvers PC-IL-0008
Docket / Court 79-3151 ( C.D. Ill. )
State/Territory Illinois
Case Type(s) Prison Conditions
Case Summary
On July 20, 1979, an inmate of the Logan Correction center in Lincoln, Illinois, filed a lawsuit pro se pursuant to 42 U.S.C. § 1983 against the assistant warden, other prison officials, and members of the parole board in the U.S. District Court for the Central District of Illinois. The ... read more >
On July 20, 1979, an inmate of the Logan Correction center in Lincoln, Illinois, filed a lawsuit pro se pursuant to 42 U.S.C. § 1983 against the assistant warden, other prison officials, and members of the parole board in the U.S. District Court for the Central District of Illinois. The complaint alleged that as a black inmate, he received unequal treatment in disciplinary proceedings in violation of his due process rights and that defendants prevented his use of the law library in violation of his First Amendment rights. Five days later he amended his complaint to also allege race discrimination in job assignments. Approximately six weeks later, he amended his complain a third time, alleging that he was denied proper medical care for a cold. The suit sought injunctive relief and monetary damages.

On November 12, 1979, the district court (Judge James Waldo Ackerman) granted defendants' motion for summary judgment holding that prison officials had not inhibited plaintiff's access to the courts, were not deliberately indifferent to his medical needs, and that the general claims of racial discrimination were not subject to judicial scrutiny as alleged. In addition, he dismissed the complaint as malicious under 28 U.S.C. § 1915(d).

On September 23, 1980, the U.S. Court of Appeals for the Seventh Circuit (Judge Walter Joseph Cummings) affirmed the district court's ruling after the plaintiff appealed. Gibson v. McEvers, 631 F.2d 95 (7th Cir. 1980) (originally reported without opinion at 636 F.2d 1221 (7th Cir. 1980)). After detailing its affirmance, the appellate court also noted that at that time, the Logan Correctional Center was subject to a consent decree entered between the state of Illinois and the Department of Justice to eliminate racial discrimination. The court found it significant that Judge Ackerman presided over that decree, and found no discrimination in this case.

The docket for this case is not available on PACER, and therefore our information ends with the September 23, 1980 appellate court opinion.

Sherrie Waldrup - 03/30/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Race discrimination
General
Disciplinary procedures
Law library access
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Logan Correctional Center
Plaintiff Description Inmate at a state correctional facility alleging violations of constitutional rights
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1980
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 08/08/1980 (636 F.2d 1221)
PC-IL-0008-0002.pdf | WESTLAW| LEXIS | Detail
Opinion 09/23/1980 (631 F.2d 95)
PC-IL-0008-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cummings, Walter Joseph (Seventh Circuit)
PC-IL-0008-0001
Nichols, Philip Jr. (Fed. Circuit, )
PC-IL-0008-0001
Pell, Wilbur Frank Jr. (Seventh Circuit)
PC-IL-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers Crutchfield, Charles F. (Indiana)
PC-IL-0008-0001
Rizzo, Thomas (Indiana)
PC-IL-0008-0001
Defendant's Lawyers Moreth, Vincent (Illinois)
PC-IL-0008-0001
Other Lawyers None on record

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