Filed Date: Jan. 28, 2015
Closed Date: June 14, 2017
Clearinghouse coding complete
On January 28, 2015, two C-number inmates in Illinois prisons filed this lawsuit as class representatives of all C-number inmates in an Illinois prison who were deprived of their statutory right to have their parole board hearing with a standardized risk assessment tool. The plaintiffs sued the Illinois Prisoner Review Board (“IPRB”) and the Illinois Department of Corrections (“IDOC”) to enforce the Illinois Crime Reduction Act of 2009, Section 15(b) (“Crime Reduction Act”), which said that by 2012, the IPRB and the IDOC must adopt and use a standardized risk assessment tool for parole hearings. Both plaintiffs allege that the tool was not implemented during their hearings in 2013, and a multi-year set between parole hearings was imposed without any coherent rationale. As of 2015, the plaintiffs allege that the IPRB and the IDOC have still not adopted or used the tool.
The plaintiffs filed in Illinois Circuit Court, Cook County Chancery Division, and were represented by counsel from Northwestern University School of Law’s MacArthur Justice Center, as well as by private counsel. Based on the amended complaint on April 6, 2015, the plaintiffs sought a writ of mandamus to force the IPRB and IDOC to comply with the Crime Reduction Act. Specifically, the plaintiffs sought the immediate implementation and use of a standardized risk assessment tool, vacating the plaintiffs’ multi-year set, and holding immediate parole hearings using the tool for plaintiffs and all other members of plaintiffs’ class who had parole hearings after January 1, 2013 without the tool. The plaintiffs also sought a declaratory judgment that the IPRB and IDOC are in violation of the Crime Reduction Act.
The online docket does not show the content of the filed documents or opinions, so what follows is a brief overview of what happened in the case.
The defendants filed their answer to the amended complaint on May 18, 2015. On October 23, 2015, Judge Moshe Jacobius delivered an appellate court mandate, reversing and remanding an earlier ruling with directions. It is unclear what ruling the appellate court reversed and remanded. The plaintiffs entered an agreed order before Judge Thomas R. Allen on November 4, 2015.
In a separate case, the plaintiffs moved for a preliminary injunction to get an immediate status conference to avoid irreparable harm on February 8, 2016 before Judge John P. Schmidt. On March 30, 2016 the plaintiffs additionally filed a writ of habeas corpus. On April 15, 2016 Judge Schmidt denied the plaintiffs’ motion for preliminary injunction. On March 14, 2017, the plaintiffs filed a motion for summary judgment, followed by a motion on May 5, 2017 to dismiss the suit without prejudice, which Judge Schmidt granted on May 9, 2017.
The original case was disposed of on June 14, 2017. The case is now closed.
Summary Authors
Caitlin Hatakeyama (2/15/2019)
Allen, Thomas R. (Illinois)
Cohen, Neil H. (Illinois)
Jacobius, Moshe (Illinois)
Gasparka, Erin (Illinois)
Henretty, Lyle Kevin (Illinois)
Allen, Thomas R. (Illinois)
Cohen, Neil H. (Illinois)
Jacobius, Moshe (Illinois)
Last updated March 10, 2024, 1:47 p.m.
State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Jan. 28, 2015
Closing Date: June 14, 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two C-number inmates in an Illinois Prison as class representatives of all C-number inmates in Illinois Prison who were deprived of their statutory right to have their parole board hearing with a standardized risk assessment tool.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Defendant Type(s):
Case Details
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions: