University of Michigan Law School
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Case Name U.S. v. Illinois PC-IL-0016
Docket / Court 76-0158 ( C.D. Ill. )
State/Territory Illinois
Case Type(s) Prison Conditions
Case Summary
On December 29, 1976, the United States filed a complaint against the State of Illinois and Illinois Department of Corrections in the U.S. District Court for the Central District of Illinois under 42 U.S.C. § 2000b(a), which allows the Attorney General to bring a civil action against a State in ... read more >
On December 29, 1976, the United States filed a complaint against the State of Illinois and Illinois Department of Corrections in the U.S. District Court for the Central District of Illinois under 42 U.S.C. § 2000b(a), which allows the Attorney General to bring a civil action against a State in district court when he or she receives a written complaint from an individual stating that his or her right to equal protection or equal utilization of a public facility is being denied. The complaint sought a permanent injunction against the operations of the Illinois Correctional Center System, alleging violations of the Eighth and Fourteenth Amednments. We do not know the specific allegations of the complaint but know at least in part it concerned racial discrimination in Illinois correctional facilities.

On February 9, 1977, defendants filed a motion for a preliminary injunction, which the court (Judge James Waldo Ackerman) granted in an order entered on February 10, 1977. On March 2, 1977, the court entered an order denying petitioner's Motion for Leave to File Amicus Curiae and Motion to Proceed in Forma Pauperis. On April 11, 1977, the court extended the its February 10 injunction until June 3, 1977. On September 22, 1977, the court (Judge Ackerman) again continued defendant's preliminary injunction and set a bench trial regarding the racial discrimination aspect of this litigation for January 3, 1978 (later moved to January 4, 1978).

On February 17, 1978, the court (Judge Ackerman) once again extended defendant's preliminary injunction for one week.

The court (Judge Ackerman) entered a consent decree on February 26, 1978, and ordered that plaintiffs or their representatives would have reasonable access to certain Illinois correctional facilities. The court further ordered the State of Illinois to develop an affirmative action plan. On September 4, 1979, the court (Judge Ackerman) entered an order approving defendant's affirmative action plan and addendum.

On October 22, 1984, an individual filed a motion to certify the case as a class action and for appointment of counsel. On January 14, 1985, the individual filed a motion to dismiss the United States as Plaintiff and instead be joined as a Defendant. On March 8, 1985, the court (Judge James Tyne Moody) ordered the case complete with no pending claims and found that the individual was not a party to the case and had no standing.

On July 19, 1994, the State of Illinois filed a motion seeking to dismiss the case or to strike a pending motion to enforce consent decree and find defendants in contempt. The docket ends on September 1, 1995 with the court (Judge Richard Henry Mills) entering an order granting defendant's motion. We have no further information on this case.

Emilee Baker - 10/21/2006


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Illinois Correctional Center System
The State of Illinois
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1979 - 1995
Case Closing Year 1995
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)
76-158 (C.D. Ill.) 09/01/1995
PC-IL-0016-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Ackerman, James Waldo (S.D. Ill., C.D. Ill.)
PC-IL-0016-9000
Mills, Richard Henry (C.D. Ill.)
PC-IL-0016-9000
Moody, James Tyne (N.D. Ind.) [Magistrate]
PC-IL-0016-9000
Monitors/Masters None on record
Plaintiff's Lawyers Berry, Lisbon C. Jr. (District of Columbia)
PC-IL-0016-9000
Days, Drew S. III (District of Columbia)
PC-IL-0016-9000
Lewis, James A. (Illinois)
PC-IL-0016-9000
Smith, Thomas William Jr. (Illinois)
PC-IL-0016-9000
Defendant's Lawyers Newitt, Timothy B. (Illinois)
PC-IL-0016-9000
Noel, Melbourne A. Jr. (Illinois)
PC-IL-0016-9000
Vujovich, Michael (Illinois)
PC-IL-0016-9000
Weber, Philip (Illinois)
PC-IL-0016-9000
Other Lawyers None on record

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