2020 IL App (3d) 180195
Opinion filed July 7, 2020 ____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
JAMAL TAYLOR, ) Appeal from the Circuit Court ) of the 12th Judicial Circuit, Plaintiff-Appellant, ) Will County, Illinois, ) v. ) Appeal No. 3-18-0195 ) Circuit No. 15-CH-1413 ) EDWARD HUNTLEY, TARRY WILLIAMS, ) E. MICHALEK, and JOHN DOE, ) Honorable ) Arkadiusz Z. Smigielski, Defendants-Appellees. ) Judge, Presiding. ____________________________________________________________________________
JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Justices McDade and Wright concurred in the judgment and opinion. ____________________________________________________________________________
OPINION
¶1 The circuit court granted the oral motion to dismiss presented by the defendants, Edward
Huntley, Tarry Williams, E. Michalek, and John Doe, thus dismissing the complaint filed by the
plaintiff, Jamal Taylor. The plaintiff appeals.
¶2 I. BACKGROUND
¶3 The plaintiff is an inmate in the custody of the Illinois Department of Corrections (IDOC).
In 2013, the plaintiff entered into a settlement agreement with the IDOC based on two actions the
plaintiff filed in federal court. The agreement provided that the plaintiff would receive $1500 and be transferred to Stateville Correctional Center. The agreement further stated, “Nothing in this
agreement shall restrict the IDOC from transferring [the plaintiff] at any time to another
correctional facility for any valid penological reason.”
¶4 In July 2014, the IDOC began investigating allegations that another Stateville inmate had
a gun and the plaintiff knew about it. While conducting the investigation, the plaintiff was
transferred to Pontiac Correctional Center. Upon conclusion of the investigation, no disciplinary
action was taken against the plaintiff. However, the plaintiff was not transferred back to Stateville.
¶5 Based on his transfer from Stateville, the plaintiff filed motions in federal court, under the
same case numbers that his settlement agreement stemmed from, contending that the defendants
breached the agreement by transferring him to Pontiac. The district court denied the motions,
finding that it did not retain jurisdiction to enforce the agreement. The plaintiff then filed an action
in the Court of Claims, but filed a motion to voluntarily dismiss the action, which was granted.
¶6 Subsequently, the plaintiff filed a complaint in the circuit court, which is the subject of this
appeal. The plaintiff’s second amended complaint stated that the transfer from Stateville
(1) amounted to a breach of the settlement agreement because there was no valid penological
reason for the transfer and (2) violated the first amendment because it was done in retaliation for
the original federal actions that he had filed. The plaintiff sought to be transferred back to Stateville
“with all his privileges he held before his retaliatory transfer,” including his prison job.
¶7 The defendants filed a motion for summary judgment, which stated that the plaintiff had
presented no evidence that the settlement agreement had been breached. The defendants argued
that there was a valid penological reason for the transfer and attached the transfer documentation,
which stated that the plaintiff was placed under investigative status and transferred due to safety
and security concerns. The defendant cited Evans v. Godinez, 2014 IL App (4th) 130686, ¶ 39, for
2 the proposition that maintaining safety and security was a valid penological interest. The plaintiff
filed a motion to stay the motion for summary judgment or for additional time to respond to the
motion. In the motion, the plaintiff stated that he had a federal retaliation case pending in federal
court, “pertaining to the same incident of [the plaintiff] being transfer[red] from Stateville to
Pontiac and placed under investigation.” The plaintiff attached docket entries from his pending
federal case.
¶8 On the day the case was set for decision on the motion for summary judgment, the
defendants orally moved to dismiss the case pursuant to section 2-619(a)(3) of the Code of Civil
Procedure (Code) because the plaintiff had a retaliation case pending in federal court pertaining to
the same incident. 735 ILCS 5/2-619(a)(3) (West 2018). The court dismissed the case with
prejudice, finding that the plaintiff’s federal case had the same parties and the same subject matter.
¶9 The plaintiff filed a motion to reconsider the court’s dismissal. The plaintiff argued that,
although the federal case arose out of the same incident, it involved different subject matter.
Specifically, the plaintiff stated that his federal case concerned the plaintiff’s “constitutional rights
being violated due to retaliation by the [d]efendants, a claim [he] cannot raise in the state court,”
and that he raised a claim regarding the breach of the settlement agreement in state court because
he could not raise it in federal court. He stated that “[b]oth causes arose from the same incident of
[his transfer] from Stateville to Pontiac pending investigation but different subject matters.” The
court denied the motion, and the plaintiff appealed.
¶ 10 II. ANALYSIS
¶ 11 On appeal, the plaintiff contends that the court erred in granting the motion to dismiss.
Section 2-619(a)(3) of the Code allows the court to dismiss an action when “there is another action
3 pending between the same parties for the same cause.” Id. “Section 2-619(a)(3) is a procedural
device designed to avoid duplicative litigation.” Whittmanhart, Inc. v. CA, Inc., 402 Ill. App. 3d
848, 852 (2010). We consider a circuit court’s dismissal pursuant to section 2-619(a)(3) for an
abuse of discretion and will only reverse if the ruling is arbitrary or no reasonable person would
take the same view. Schacht v. Lome, 2016 IL App (1st) 141931, ¶ 34.
¶ 12 The defendants ask us to take judicial notice of the docket and complaint from the
plaintiff’s federal district court action at issue. The plaintiff does not object, instead also relying
on the documents in his reply brief. We will take judicial notice of the documents as they are a
public record. First State Bank of Princeton v. Leffelman, 167 Ill. App. 3d 362, 367 (1988).
¶ 13 First, we consider whether the two actions contained the same parties. “The same-parties
requirement is satisfied where the litigants’ interests are sufficiently similar even though[ ] the
litigants may differ in name or number.” In re Estate of LaPlume, 2014 IL App (2d) 130945, ¶ 36.
The documents indicate that the plaintiff named the following people as defendants in the federal
action: Huntley, Williams, Michalek, Doe, Michael Magana, and James Sullivan. Thus, both cases
contained the same defendants. The fact that two additional defendants were added in the federal
case is without consequence. See id. The plaintiff argues that the parties were not the same because
some of the original defendants were ultimately dismissed from the case. We find this to be
irrelevant. The parties to both cases had sufficiently similar interests. It appears that all the
defendants are internal affairs officers, or have some other job, at Stateville.
¶ 14 Next, we consider whether the cases were for the same cause. Two actions arise out of the
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2020 IL App (3d) 180195
Opinion filed July 7, 2020 ____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
JAMAL TAYLOR, ) Appeal from the Circuit Court ) of the 12th Judicial Circuit, Plaintiff-Appellant, ) Will County, Illinois, ) v. ) Appeal No. 3-18-0195 ) Circuit No. 15-CH-1413 ) EDWARD HUNTLEY, TARRY WILLIAMS, ) E. MICHALEK, and JOHN DOE, ) Honorable ) Arkadiusz Z. Smigielski, Defendants-Appellees. ) Judge, Presiding. ____________________________________________________________________________
JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Justices McDade and Wright concurred in the judgment and opinion. ____________________________________________________________________________
OPINION
¶1 The circuit court granted the oral motion to dismiss presented by the defendants, Edward
Huntley, Tarry Williams, E. Michalek, and John Doe, thus dismissing the complaint filed by the
plaintiff, Jamal Taylor. The plaintiff appeals.
¶2 I. BACKGROUND
¶3 The plaintiff is an inmate in the custody of the Illinois Department of Corrections (IDOC).
In 2013, the plaintiff entered into a settlement agreement with the IDOC based on two actions the
plaintiff filed in federal court. The agreement provided that the plaintiff would receive $1500 and be transferred to Stateville Correctional Center. The agreement further stated, “Nothing in this
agreement shall restrict the IDOC from transferring [the plaintiff] at any time to another
correctional facility for any valid penological reason.”
¶4 In July 2014, the IDOC began investigating allegations that another Stateville inmate had
a gun and the plaintiff knew about it. While conducting the investigation, the plaintiff was
transferred to Pontiac Correctional Center. Upon conclusion of the investigation, no disciplinary
action was taken against the plaintiff. However, the plaintiff was not transferred back to Stateville.
¶5 Based on his transfer from Stateville, the plaintiff filed motions in federal court, under the
same case numbers that his settlement agreement stemmed from, contending that the defendants
breached the agreement by transferring him to Pontiac. The district court denied the motions,
finding that it did not retain jurisdiction to enforce the agreement. The plaintiff then filed an action
in the Court of Claims, but filed a motion to voluntarily dismiss the action, which was granted.
¶6 Subsequently, the plaintiff filed a complaint in the circuit court, which is the subject of this
appeal. The plaintiff’s second amended complaint stated that the transfer from Stateville
(1) amounted to a breach of the settlement agreement because there was no valid penological
reason for the transfer and (2) violated the first amendment because it was done in retaliation for
the original federal actions that he had filed. The plaintiff sought to be transferred back to Stateville
“with all his privileges he held before his retaliatory transfer,” including his prison job.
¶7 The defendants filed a motion for summary judgment, which stated that the plaintiff had
presented no evidence that the settlement agreement had been breached. The defendants argued
that there was a valid penological reason for the transfer and attached the transfer documentation,
which stated that the plaintiff was placed under investigative status and transferred due to safety
and security concerns. The defendant cited Evans v. Godinez, 2014 IL App (4th) 130686, ¶ 39, for
2 the proposition that maintaining safety and security was a valid penological interest. The plaintiff
filed a motion to stay the motion for summary judgment or for additional time to respond to the
motion. In the motion, the plaintiff stated that he had a federal retaliation case pending in federal
court, “pertaining to the same incident of [the plaintiff] being transfer[red] from Stateville to
Pontiac and placed under investigation.” The plaintiff attached docket entries from his pending
federal case.
¶8 On the day the case was set for decision on the motion for summary judgment, the
defendants orally moved to dismiss the case pursuant to section 2-619(a)(3) of the Code of Civil
Procedure (Code) because the plaintiff had a retaliation case pending in federal court pertaining to
the same incident. 735 ILCS 5/2-619(a)(3) (West 2018). The court dismissed the case with
prejudice, finding that the plaintiff’s federal case had the same parties and the same subject matter.
¶9 The plaintiff filed a motion to reconsider the court’s dismissal. The plaintiff argued that,
although the federal case arose out of the same incident, it involved different subject matter.
Specifically, the plaintiff stated that his federal case concerned the plaintiff’s “constitutional rights
being violated due to retaliation by the [d]efendants, a claim [he] cannot raise in the state court,”
and that he raised a claim regarding the breach of the settlement agreement in state court because
he could not raise it in federal court. He stated that “[b]oth causes arose from the same incident of
[his transfer] from Stateville to Pontiac pending investigation but different subject matters.” The
court denied the motion, and the plaintiff appealed.
¶ 10 II. ANALYSIS
¶ 11 On appeal, the plaintiff contends that the court erred in granting the motion to dismiss.
Section 2-619(a)(3) of the Code allows the court to dismiss an action when “there is another action
3 pending between the same parties for the same cause.” Id. “Section 2-619(a)(3) is a procedural
device designed to avoid duplicative litigation.” Whittmanhart, Inc. v. CA, Inc., 402 Ill. App. 3d
848, 852 (2010). We consider a circuit court’s dismissal pursuant to section 2-619(a)(3) for an
abuse of discretion and will only reverse if the ruling is arbitrary or no reasonable person would
take the same view. Schacht v. Lome, 2016 IL App (1st) 141931, ¶ 34.
¶ 12 The defendants ask us to take judicial notice of the docket and complaint from the
plaintiff’s federal district court action at issue. The plaintiff does not object, instead also relying
on the documents in his reply brief. We will take judicial notice of the documents as they are a
public record. First State Bank of Princeton v. Leffelman, 167 Ill. App. 3d 362, 367 (1988).
¶ 13 First, we consider whether the two actions contained the same parties. “The same-parties
requirement is satisfied where the litigants’ interests are sufficiently similar even though[ ] the
litigants may differ in name or number.” In re Estate of LaPlume, 2014 IL App (2d) 130945, ¶ 36.
The documents indicate that the plaintiff named the following people as defendants in the federal
action: Huntley, Williams, Michalek, Doe, Michael Magana, and James Sullivan. Thus, both cases
contained the same defendants. The fact that two additional defendants were added in the federal
case is without consequence. See id. The plaintiff argues that the parties were not the same because
some of the original defendants were ultimately dismissed from the case. We find this to be
irrelevant. The parties to both cases had sufficiently similar interests. It appears that all the
defendants are internal affairs officers, or have some other job, at Stateville.
¶ 14 Next, we consider whether the cases were for the same cause. Two actions arise out of the
same cause when the requested relief in both cases is based on substantially the same set of facts.
Id. “The actions need not be identical; ‘the crucial inquiry is whether both arise out of the same
transaction or occurrence, not whether the legal theory, issues, burden of proof, or relief sought
4 materially differs between the two actions.’ ” Schacht, 2016 IL App (1st) 141931, ¶ 34 (quoting
Jackson v. Callan Publishing, Inc., 356 Ill. App. 3d 326, 337 (2005)). Both cases arose from the
exact same incident: the plaintiff’s transfer from Stateville to Pontiac. It does not matter that the
plaintiff argued separate legal theories in each case. Moreover, even though both actions involved
different legal theories, “the outcome in one action will determine the outcome of the other action.”
Midas International Corp. v. Mesa S.p.A., 2013 IL App (1st) 122048, ¶ 20. When reaching the
merits of both of the plaintiff’s arguments, either court would have to determine whether there was
a valid penological reason to transfer the plaintiff to Pontiac. If there was one, there would be no
breach of contract and the plaintiff’s first amendment rights would not have been violated, as the
defendants would have shown that they had a nonretaliatory reason for transferring the plaintiff.
See Mays v. Springborn, 719 F.3d 631, 634-35 (2013). Because both cases concerned the same
parties for the same cause, the court did not abuse its discretion in granting the defendants’ section
2-619(a)(3) motion to dismiss.
¶ 15 In coming to this conclusion, we note that the plaintiff argues that the court erred by failing
to explicitly consider the factors set out in Kellerman v. MCI Telecommunications Corp., 112 Ill.
2d 428, 447-48 (1986). We reject this argument. First, it is not a requirement that the court consider
the Kellerman factors when determining whether to dismiss a case pursuant to section 2-619(a)(3);
courts have upheld such dismissals without citation to, or analysis of, the factors. See Kapoor v.
Fujisawa Pharmaceutical Co., 298 Ill. App. 3d 780, 789 (1998); Davis v. Davis, 2019 IL App (3d)
170744, ¶¶ 13-14; Schacht, 2016 IL App (1st) 141931, ¶¶ 35-39. Second, the plaintiff has not
provided a complete record of the report of proceedings on appeal. For example, the record on
appeal does not include the transcripts from the court’s decision on his motion to reconsider the
dismissal, where the court may have provided further insight into its decision to dismiss the case.
5 As the appellant, the plaintiff bears the burden of providing this court with a complete record.
Schacht, 2016 IL App (1st) 141931, ¶ 35. Third, the plaintiff does not provide any argument
regarding the specific factors and what he thinks weighed on the side of denying the motion to
dismiss.
¶ 16 III. CONCLUSION
¶ 17 The judgment of the circuit court of Will County is affirmed.
¶ 18 Affirmed.
6 No. 3-18-0195
Decision Under Review: Appeal from the Circuit Court of Will County, No. 15-CH-1413; the Hon. Arkadiusz Z. Smigielski, Judge, presiding.
Attorneys Jamal Taylor, of Galesburg, appellant pro se. for Appellant:
Attorneys Kwame Raoul, Attorney General, of Chicago (David L. Franklin, for Solicitor General, and Nadine J. Wichern, Assistant Attorneys Appellee: General, of counsel), for appellees.