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CARLISLE v. BENSINGER

February 22, 1973

ROBERT E. CARLISLE ET AL., PLAINTIFFS,
v.
PETER B. BENSINGER, DIRECTOR OF THE ILLINOIS DEPARTMENT OF CORRECTIONS, DEFENDANT.



The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This action is brought by certain prisoners who are inmates of the Illinois State Penitentiary, Joliet Branch. These prisoners are presently confined to the segregation unit of the Joliet Branch, formerly known as the Special Program Unit. Plaintiffs invoke the jurisdiction of this Court under 28 U.S.C. § 1331, 1343. The prayer seeks declaratory and injunctive relief under 42 U.S.C. § 1983. No monetary damages are sought. Plaintiffs seek to represent all other prisoners similarly incarcerated in the segregation unit and request leave to maintain their cause as a class action. This cause comes upon the defendants' motion to deny leave to proceed with the class action and motion to dismiss or for summary judgment with supporting affidavit.

In essence, the complaint makes the following allegations:

(a) that the conditions existing within the segregation unit constitute cruel and unusual punishment;

(b) that a construction project near the segregation unit is subjecting the inmates to noxious air pollution in violation of the Illinois Environmental Control Act;

(c) that the construction project is subjecting the inmates to excessive noise pollution in violation of the Illinois Environmental Control Act;

(d) that the plumbing in the segregation unit is in violation of the Illinois Plumbing Code;

(e) that officials delay over 72 hours before giving the inmates a hearing after a disciplinary ticket is written, violating rules of the Department of Corrections;

(f) that evaluation of disciplinary reports at parole hearings places the inmates in double jeopardy in violation of their constitutional rights;

(g) that prison officials refuse to inventory an inmate's personal property prior to placing him in segregation, thereby exposing him to the loss of his property by theft;

(h) that prison officials practice discrimination by allowing some inmates to take their personal property into segregation, but denying that privilege to others;

(i) that the inmates have been subjected to brutality and assaults by prison personnel, and officials have refused to investigate these incidents;

(j) that prison officials discriminate against the inmates because of their class of citizenship and their past prison records; and

(k) that confinement to segregation unconstitutionally deprives plaintiffs of the opportunity of ...


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