Cannon v. Quinley

815 N.E.2d 443, 351 Ill. App. 3d 1120, 287 Ill. Dec. 40
CourtAppellate Court of Illinois
DecidedAugust 17, 2004
Docket4-03-0940
StatusPublished
Cited by10 cases

This text of 815 N.E.2d 443 (Cannon v. Quinley) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cannon v. Quinley, 815 N.E.2d 443, 351 Ill. App. 3d 1120, 287 Ill. Dec. 40 (Ill. Ct. App. 2004).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In September 2003, plaintiff, William Cannon, Jr., filed a pro se petition for writ of mandamus relief, alleging that defendants, Stephen D. Mote, warden of the Pontiac Correctional Center; Troy Quinley, a Pontiac correctional officer superintendent; Donald N. Snyder, Jr., the Director of the Department of Corrections (DOC); and DOC employees Roger Walker and Cletus R. Shaw, failed to follow DOC rules and violated his due process rights during September, October, and November 2002 disciplinary proceedings. One day later, the trial court sua sponte dismissed Cannon’s petition for failure to state a cause of action. Cannon appeals; and we affirm in part, reverse in part, and remand for further proceedings.

I. BACKGROUND

A. September 11, 2002, Inmate Disciplinary Report

On September 11, 2002, DOC cited Cannon, who was then an inmate at Pontiac, in an inmate disciplinary report (IDR). The IDR, which was written by DOC correctional officer Michael Burger, indicated that around noon on September 11, 2002, Burger observed Cannon standing inside his cell at his door yelling. Burger told Cannon that he was going to issue an IDR because Cannon was violating a January 1, 2002, written memorandum from Quinley prohibiting excessive noise. Cannon responded by yelling, “Burger [,] you’re a white racist mother fucking honkie! I don’t care about a fucking ticket you white racist mother fucker!” The IDR charged Cannon with (1) willfully disobeying a facility rule (DOC Rule 404) — namely, the excessive-noise memorandum, and (2) insolence (DOC Rule 304). See 20 Ill. Adm. Code § 504 app. A (Conway Greene CD-ROM June 2003).

A DOC correctional officer served Cannon with the IDR later on September 11, 2002. Cannon signed the IDR and wrote “Lt. Punke” on the witness-request form at the bottom of the IDR. However, he did not complete the section on the witness-request form indicating the matter about which the witness could testify.

On September 17, 2002, an adjustment committee conducted a disciplinary hearing on the charges alleged in the IDR. Cannon appeared and denied the charges. After considering the evidence, the committee found Cannon guilty of both charges. The committee’s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger’s observation that (a) Cannon was yelling in his cell and (b) Cannon called Burger a “racist mother fucking honkie” when Burger told him that he would issue the IDR; (2) Cannon was positively identified by “gallery chart”; and (3) Cannon had previously been found guilty of insolence (DOC Rule 304) (see 20 Ill. Adm. Code § 504 app. A (Conway Greene CD-ROM June 2003)). The final summary report also indicated that the committee denied Cannon’s request to have correctional officer Punke appear as a witness because his testimony would have been irrelevant as he was not present during the September 11, 2002, incident.

The committee recommended imposition of one month of disciplinary segregation, three months’ demotion to C-grade status, and revocation of three months of commissary and “audio/visual” privileges. The chief administrative officer later imposed the recommended disciplinary actions.

B. September 29, 2002, IDR

On September 29, 2002, DOC cited Cannon in another IDR. The IDR, which was written by Burger, indicated that around noon on September 29, 2002, Burger, who was standing near the bottom of tower 19, observed Cannon standing inside his cell at his door yelling to another inmate. The IDR charged Cannon with willfully disobeying a facility rule (DOC Rule 404) — namely, the January 1, 2002, excessive-noise memorandum. See 20 Ill. Adm. Code § 504 app. A (Conway Greene CD-ROM June 2003).

A DOC correctional officer served Cannon with the IDR later on September 29, 2002. Cannon did not sign the IDR or complete the witness-request form at the bottom of the IDR.

On October 3, 2002, an adjustment committee conducted a disciplinary hearing on the charge alleged in the IDR. Cannon appeared and denied the charge. He also submitted a written statement, indicating, in pertinent part, that (1) he was not guilty; (2) Burger could not see Cannon behind his cell door, which had a perforated opening, from where Burger stood in the lower tower; (3) Burger had fabricated the charge in retaliation for Cannon’s filing prior grievances against him; (4) Cannon had never been issued the January 1, 2002, excessive-noise memorandum; and (5) “there [was] no official rule related to noise.” After considering the evidence, the committee found Cannon guilty of the charge. The committee’s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger’s observation that Cannon was standing at his cell door yelling; (2) Cannon was positively identified by face and name; and (3) Cannon had previously been found guilty of willfully disobeying a facility rule (DOC Rule 404) (see 20 Ill. Adm. Code § 504 app. A (Conway Greene CD-ROM June 2003)).

The committee recommended imposition of one month of disciplinary segregation, one month’s demotion to C-grade status, and revocation of one month of commissary and “audio/visual” privileges. The chief administrative officer later imposed the recommended disciplinary actions.

C. November 5, 2002, IDR

On November 5, 2002, DOC cited Cannon in a third IDR. The IDR, which was written by Burger, indicated that around noon on November 5, 2002, Burger, who was standing near the bottom of tower 20, had the “WCH cage turn on count lights” and observed Cannon standing inside his cell at his door yelhng to another inmate. The IDR also indicated that Cannon was identified by “WCH cage.” The IDR charged Cannon with willfully disobeying a facility rule (DOC Rule 404) — namely, the January 1, 2002, excessive-noise memorandum. See 20 Ill. Adm. Code § 504 app. A (Conway Greene CD-ROM June 2003).

A DOC correctional officer served Cannon with the IDR later on November 5, 2002. Cannon did not sign the IDR or complete the witness-request form at the bottom of the IDR.

On November 7, 2002, an adjustment committee conducted a disciplinary hearing on the charge alleged in the IDR. Cannon appeared and denied the charge. He also submitted a written statement, indicating, in pertinent part, that (1) he was not guilty; (2) “if you will go to [the] bottom of tower 19 and ask [Cannon] to come to [his cell] door, you will not be able to see [Cannon]”; (3) Burger had fabricated the charge in retaliation for Cannon’s filing prior grievances against him; and (4) Cannon had never been issued the January 1, 2002, excessive-noise memorandum even though he had inquired about it. After considering the evidence, the committee found Cannon guilty of the charge. The committee’s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger’s observation that Cannon was standing at his cell door yelling and (2) the positive identification of Cannon by “WCH cage.”

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815 N.E.2d 443, 351 Ill. App. 3d 1120, 287 Ill. Dec. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannon-v-quinley-illappct-2004.