Webb v. Lane

583 N.E.2d 677, 222 Ill. App. 3d 322, 164 Ill. Dec. 761
CourtAppellate Court of Illinois
DecidedDecember 13, 1991
Docket5-90-0609
StatusPublished
Cited by7 cases

This text of 583 N.E.2d 677 (Webb v. Lane) 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
Webb v. Lane, 583 N.E.2d 677, 222 Ill. App. 3d 322, 164 Ill. Dec. 761 (Ill. Ct. App. 1991).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

Plaintiff, Cedric Webb, appeals from the September 6, 1990, order of the circuit court of Randolph County, Illinois, dismissing his complaint against Michael P. Lane, Director of the Illinois Department of Corrections (Department), Jim Greer, Chief Administrator of Menard Correctional Center, and R. Ticer, K. Schau and T. Thomas, correctional officers and members of the institutional adjustment committee at Menard. In plaintiff’s complaint based on an alleged violation of his civil rights under “the Civil Rights Act of 1870 [sic]” (see 42 U.S.C. §1983 (1988)), he alleged that on July 24, 1989, a Menard correctional officer had seized $800 in United States currency during a search of his cell and that this property had been confiscated and forfeited to the Resident’s Benefit Fund pursuant to Department Rule 501.230 (20 Ill. Adm. Code §501.230 (1985)). In this pro se appeal, plaintiff argues that his complaint adequately stated a claim upon which relief could be granted and that he was denied due process of law when the prison officials confiscated and forfeited his United States currency without a prior due process hearing. Plaintiff seeks to reverse the September 6, 1990, order and to remand this case to the Randolph County circuit court for further proceedings.

Plaintiff alleged in his complaint that as a result of the search he had been charged in a disciplinary report with possession of money, a violation of Department Rule 504, Table A No. 207 (see 20 Ill. Adm. Code §504, Table A (1988)), and that he had appeared before the institutional adjustment committee to respond to said charges on July 27, 1989. At said hearing plaintiff did not request witnesses be called on his behalf and admitted to having the United States currency in his cell. The institutional adjustment committee found plaintiff guilty of possession of United States currency and imposed the following punishment on Webb: (1) revoke good-time credits of two months, (2) demotion to “C” grade for four months, and (3) 15 days’ segregation time.

Plaintiff alleged in his complaint that his $800 was confiscated and forfeited to the Resident’s Benefit Fund pursuant to Department Rule 501.230, which states:

“a) Weapons, alcohol, unauthorized controlled substances, drug paraphernalia or items of like character shall be retained until termination of use in criminal or disciplinary proceedings and then shall be properly disposed.
b) Unauthorized currency shall be deposited in the Resident’s Benefit Fund after use in criminal or disciplinary proceedings.
c) If it is determined that other unauthorized or excess property confiscated as contraband belongs to the committed person:
1) The committed person may arrange to have it shipped at his own expense or may arrange to have it picked up at the facility during certain hours by a designated person within a reasonable time. The committed person must designate in writing the name of the individual who is authorized to pick up his property.
2) Confiscated property may be destroyed at the written request of the committed person.
d) If it is determined that unauthorized or excess property confiscated as contraband belongs to another committed person, it shall be returned to the owner if he is authorized to have the property. If not, the property shall be disposed of in accordance with Paragraph (e) of this Section.
(e) Property which a committed person does not arrange to have shipped or picked up from the facility, or where the owner cannot be identified shall be made State loan or destroyed.
(f) If a committed person indicates in writing his intent to grieve the confiscation of excess authorized property, the property shall be retained at the facility until the grievance procedure has been completed.” (20 Ill. Adm. Code §501.230 (1985).)

Plaintiff contended in his complaint that he did not receive a hearing either prior to or after the confiscation and forfeiture of his money and therefore defendants had deprived him of his right to due process of law as secured by the fifth and fourteenth amendments to the United States Constitution. Plaintiff further contended that defendants had violated 42 U.S.C. section 1983 under color of State law in that:

(a) defendants Lane and Greer had punished plaintiff by forfeiting his $800 without a hearing concerning the final disposition of his money;
(b) defendants Lane and Greer confiscated his personal property of $800 in United States currency;
(c) defendants Lane and Greer confiscated and forfeited his personal property pursuant to Department Rule 501.230(b), which is unconstitutional and arbitrary on its face and does not allow a committed person a hearing concerning the seizure and disposition of his property if the property is (unauthorized) currency, whereas other contraband may be disposed of at the owner’s discretion under Rule 501.230; and
(d) defendants Ticer, Schau, and Thomas failed to specify the reasons for the particular punishment imposed.

Plaintiff sought a declaratory judgment that the practices complained of are unlawful and violative of 42 U.S.C. section 1983; a permanent injunction prohibiting defendants from engaging in the unlawful practices, policies, customs, and usages set forth in the complaint and from continuing any and all other practices shown to be in violation of applicable law; immediate return to plaintiff of the $800; an injunction prohibiting defendants from any retaliatory action against plaintiff; and an award of costs, reasonable attorney fees, compensatory damages of $1,000, and punitive damages of $1,000.

Defendants’ motion to dismiss argued that plaintiff’s complaint failed to state a cause of action against defendants because nowhere had he alleged the violation of any due process procedures, thereby constituting violation of plaintiff’s fourteenth amendment rights, and that plaintiff was, in fact, granted due process in the taking of his property. Defendants Lane and Greer further argued that the complaint failed to state a cause of action against them because plaintiff did not allege any facts linking said defendants with any alleged denial of due process and that they were apparently named in their supervisory capacities in connection with Menard Correctional Center and the Illinois Department of Corrections.

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle a plaintiff to recover. (Johnston v. City of Bloomington (1979), 77 Ill. 2d 108, 113, 395 N.E.2d 549

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Bluebook (online)
583 N.E.2d 677, 222 Ill. App. 3d 322, 164 Ill. Dec. 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-lane-illappct-1991.