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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