University of Michigan Law School
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Case Name People of the State of Illinois v. Johnnie Plummer and Vincent Wade CJ-IL-0004
Docket / Court 91 CR 21451, 84C01010801 ( State Court )
Additional Docket(s) 84 C 01010801  [ 84-1010801 ]
State/Territory Illinois
Case Type(s) Criminal Justice (Other)
Case Summary
Plaintiffs filed suit against the State of Illinois under the Illinois Post-Conviction Hearing act, claiming violations of their Fourteenth Amendment right to due process. Both plaintiffs allege that their convictions relied upon faulty confessions obtained through torture and physical coercion ... read more >
Plaintiffs filed suit against the State of Illinois under the Illinois Post-Conviction Hearing act, claiming violations of their Fourteenth Amendment right to due process. Both plaintiffs allege that their convictions relied upon faulty confessions obtained through torture and physical coercion.

The Plaintiffs filed for class certification on October 16, 2012, in an attempt to join all incarcerated persons affected by the illegal interrogation tactics of Chicago Police Commander Jon Burge. The plaintiffs further alleged that the Illinois Torture Relief Inquiry Commission (TRIC), an organization designed to provide an avenue of relief for wrongfully incarcerated persons was no longer viable due to a depletion of funds.

On March 1, 2014, Judge Biebel denied the plaintiffs' class certification request. Judge Biebel stated that due to the individual nature of the claims brought by affected individuals, class certification was inappropriate. However, Judge Biebel also asserted that the TRIC was not a viable option for those seeking redress for wrongful incarceration. In lieu of this, Judge Biebel appointed David N. Yellen, Dean of Loyola University Chicago School of Law to act as "Special Master."

Dean Yellen's duties included locating individuals with a 'valid claim' against the State of Illinois. A valid claim is determined by five criteria: (1) The individual was convicted based in part upon a confession, (2) The confession was the end result of an interrogation in which Commander Burge or officers under his chain of command or supervision participated (3) The individual made an allegation of coercion in the context of his original proceedings and was overruled (4) The inmate remains incarcerated today, and (5) has never had the opportunity to present claims of coerced confession with the benefit of the substantial evidence now available to implicate Burge and those who work under him.

Upon identification of individuals with valid claims, the Court will appoint pro bono counsel to represent the litigants in a new trial under the Illinois Post Conviction Hearing Act.

Nichollas Dawson - 01/25/2018


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Discrimination-basis
Race discrimination
General
Over/Unlawful Detention
Torture
Race
Black
Causes of Action State law
Defendant(s) People of the State of Illinois
Plaintiff Description Prisoners convicted by coercive methods in Chicago
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Special Master Appointment
Source of Relief None yet
Form of Settlement Conditional Dismissal
Filing Year 2012
Case Ongoing Yes
Docket(s)
No docket sheet currently in the collection
General Documents
Class Action Petition For Relief Under The Illinois Post-Conviction Hearing Act
CJ-IL-0004-0001.pdf | Detail
Date: 10/16/2012
Source: Plaintiffs' counsel
Class Action Petition For Relief Under The Illinois Post-Conviction Hearing Act
CJ-IL-0004-0002.pdf | Detail
Date: 10/16/2012
Source: Plaintiffs' counsel
Motion for Leave to File Brief of Amici Curiae in Support of Class Action Petition Relief under the Illinois-Post Conviction Hearing Act
CJ-IL-0004-0004.pdf | Detail
Date: 10/16/2012
Class Action Suite Calls for New Hearings for Still-Incarcerated Burge Torture Victims
CJ-IL-0004-0006.pdf | Detail
Date: 10/16/2012
Order [Concerning Special Prosecutor]
CJ-IL-0004-0003.pdf | Detail
Date: 04/11/2013
Order [Denying Motion for Class Certification]
CJ-IL-0004-0005.pdf | Detail
Date: 03/12/2014
Judges Biebel, Paul P. Jr. Court not on record
CJ-IL-0004-0003 | CJ-IL-0004-0005
Plaintiff's Lawyers Bedi, Sheila A. (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Bowman, Locke E. III (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Elson, Ben H. (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Gelsomino, Sarah Jeanette (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Mogul, Joey L. (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Taylor, G. Flint (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Van Brunt, Alexa A. (Illinois)
CJ-IL-0004-0001 | CJ-IL-0004-0002
Other Lawyers Bradford, David J (Illinois)
CJ-IL-0004-0004
Palazzolo, Kyle A. (Illinois)
CJ-IL-0004-0004
Yusim, Bradley M. (Illinois)
CJ-IL-0004-0004

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