Rodriguez v. ILLINOIS PRISONER REVIEW BD.

876 N.E.2d 659
CourtAppellate Court of Illinois
DecidedJune 4, 2007
Docket5-05-0451
StatusPublished
Cited by16 cases

This text of 876 N.E.2d 659 (Rodriguez v. ILLINOIS PRISONER REVIEW BD.) 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
Rodriguez v. ILLINOIS PRISONER REVIEW BD., 876 N.E.2d 659 (Ill. Ct. App. 2007).

Opinion

876 N.E.2d 659 (2007)

Vicente RODRIGUEZ, Inmate No. N70616, Plaintiff-Appellant,
v.
ILLINOIS PRISONER REVIEW BOARD, Defendant-Appellee.

No. 5-05-0451.

Appellate Court of Illinois, Fifth District.

Filed April 10, 2007.
Motion to Publish Granted June 4, 2007.
Opinion Filed June 4, 2007.

*660 Appellant pro se.

Rachel Hoover, Assistant Attorney General, Chicago, for Appellee.

Rule 23 Filed April 10, 2007.

*661 Justice DONOVAN delivered the opinion of the court:

In February 2004, plaintiff, Vicente Rodriguez, inmate No. N70616 in the Illinois Department of Corrections (Department), filed a pro se complaint seeking mandamus and certiorari relief against defendant, the Illinois Prisoner Review Board (Board). He alleged that when the Board approved the revocation of his good-conduct credits, he was deprived of the procedural due process to which he was entitled. In March 2005, the Board filed a motion to dismiss, which the circuit court granted. On appeal, plaintiff argues that the circuit court erred in dismissing his complaint for mandamus relief on the Board's motion and that it erroneously denied his motion for a default judgment. Plaintiff seeks the vacation of the trial court's order dismissing his complaint and a remand of the cause for further proceedings.

The caption of the case has been amended by the court to include plaintiff's Department identification number.

BACKGROUND

Plaintiff is an inmate at Tamms Correctional Center (Tamms), one of the state's maximum-security facilities. Department records, of which we may take judicial notice (see People v. Young, 355 Ill.App.3d 317, 321 n. 1, 291 Ill.Dec. 45, 822 N.E.2d 920, 924 n. 1 (2005) (the court may take judicial notice of information that the Department has provided on its Web site)), disclose that he is serving a prison sentence of 40 years for murder on a 1986 Cook County conviction (see People v. Rodriguez, 192 Ill.App.3d 1105, 160 Ill. Dec. 325, 577 N.E.2d 201 (1989)) (unpublished order pursuant to Supreme Court Rule 23 (134 Ill.2d R. 23)), as well as sentences of five years on a 1991 Livingston County conviction for being a felon in possession of a weapon in prison, two years on a 1993 Will County weapons conviction, and three years on a 1996 Will County conviction for aggravated battery. These latter sentences appear to have been ordered by the court to be served consecutively to the 1986 sentence. Plaintiff's projected parole date is November 16, 2015. The record on appeal reveals the following information.

On February 26, 2004, plaintiff filed a pro se complaint seeking mandamus relief and a common law writ of certiorari naming the Board as defendant. Plaintiff asserted that the Board had revoked good-conduct credits without affording him the procedural due process to which he was entitled under Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), Illinois statutory law, the Illinois Administrative Code, and the United States Constitution. He contended that under section 3-3-2(a)(4) of the Unified Code of Corrections (730 ILCS 5/3-3-2(a)(4) (West 2004)) he was entitled to 24 hours' advance notice of a Board hearing at which it would consider the recommendation of the Director of Corrections (Director) that he lose good-conduct credit, the opportunity to call witnesses and present documentary evidence on his own behalf, and a summary statement from the Board in which it set forth the evidence upon which it relied in reaching its decision and the reasons for the disciplinary action that was taken. He sought a court order finding that the Board had abrogated his right to due process through its failure to provide a hearing that comported with Wolff. He also demanded the issuance of an order of mandamus to compel the Board to provide hearings that conformed with procedural due process as required by Wolff, the issuance of a writ of common law certiorari "quashing" the revocation of his good-conduct credit, and reimbursement for costs incurred in his pursuit *662 of the litigation. Plaintiff appended as "exhibit A" what appeared to be a conformed copy of a written request that he allegedly made to the Tamms records office for records of revoked good-conduct credit. Although the back of the conformed copy listed the alleged dates and prisons at which good-conduct credit had been revoked between 1991 and 1996 and the dates upon which some good-conduct credits had been restored at Tamms, he failed to attach to his petition any disciplinary reports, adjustment committee summaries, grievances, appeals, or final Board orders. It was thus impossible to ascertain with confidence when and for what plaintiff had been disciplined by the Department and if or when the Board had actually approved the recommended disciplinary action against plaintiff. On February 26, 2004, the Alexander County circuit clerk corresponded with plaintiff and instructed him to complete a summons form and return it for service.

On March 8, 2005, more than a year later, plaintiff moved in the circuit court for a default judgment against the Board because the Board had not yet responded to his February 2004 complaint. The record substantiates that a summons did not actually issue for the Board until January 18, 2005, and that the Board was not served with process until January 26, 2005. A return of summons was filed with the court on February 1, 2005.

On March 21, 2005, the Board filed a response to the motion for a default judgment. The response was supported by an affidavit from the Board's counsel, a motion for leave to file instanter a motion to dismiss plaintiff's complaint pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2004)), and the motion to dismiss itself. The Board's motion to dismiss alleged that the Board had not actually been served with summons until January 26, 2005, and that its counsel, the Office of the Attorney General, first learned of the complaint when it received plaintiff's March 8, 2005, motion for a default judgment and conferred with the Board. The Board argued that plaintiff's complaint was inadequate to state a cause of action for mandamus relief. Citing Lucas v. Taylor, 349 Ill.App.3d 995, 285 Ill.Dec. 483, 812 N.E.2d 72 (2004), it argued that plaintiff was not entitled to the due process protections described in Wolff in actions taken by the Board and that thus the Board had not breached a nondiscretionary ministerial duty, warranting the dismissal of plaintiff's complaint for mandamus and certiorari relief. On March 21, 2005, the trial court granted the Board's motion for leave to file its motion to dismiss instanter.

On April 26, 2005, plaintiff filed a response to the Board's pleadings. He asserted that Lucas was not dispositive of the issues raised because Lucas was wrongly decided and it had misquoted and misinterpreted the Illinois Administrative Code and the Unified Code of Corrections. On May 18, 2005, the court issued a comprehensive order in which it granted the Board's motion to dismiss. It found that plaintiff had been granted the due process required by Wolff

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Powers v. Donathan
2023 IL App (4th) 220526-U (Appellate Court of Illinois, 2023)
People v. Daniels
2016 IL App (4th) 140131 (Appellate Court of Illinois, 2016)
Evans v. Godinez
2014 IL App (4th) 130686 (Appellate Court of Illinois, 2014)
Schloss v. Jumper
2014 IL App (4th) 121086 (Appellate Court of Illinois, 2014)
Edens v. Godinez
2013 IL App (4th) 120297 (Appellate Court of Illinois, 2013)
Dupree v. Hardy
2011 IL App (4th) 100351 (Appellate Court of Illinois, 2011)
Lesher v. Trent
Appellate Court of Illinois, 2011
People v. Shaw
Appellate Court of Illinois, 2008
Mortgage Electronic Systems v. Gipson
Appellate Court of Illinois, 2008

Cite This Page — Counsel Stack

Bluebook (online)
876 N.E.2d 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-illinois-prisoner-review-bd-illappct-2007.