Inmates in Illinois filed a complaint in U.S. District Court for the Southern District of Illinois alleging that prison officials failed to keep Alexander County Jail to minimum standards. Land of Lincoln Legal Assistance and Saint Louis University Law School represented the plaintiffs. Citing Bush v. Viterna, 795 F.2d 1203 (5th Cir. 1986), JC-TX-0011, Illinois Department of Corrections officials filed a motion to dismiss the complaint. In a January 8, 1987 order, the court (Chief Judge James L. Foreman) granted the motion. Ortiz v. Turner, 651 F. Supp. 309 (S.D. Ill. 1987). The court held that Illinois law does not obligate the Department of Corrections to enforce jail standards. To hold so, the court reasoned, would be to make the State officials vicariously liable for the acts (or failures of action) of county officials, upon whom Illinois law places the responsibility for maintaining the jails.
Ben Kelly - 03/05/2006
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