Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

JACKSON v. ILLINOIS DEPARTMENT OF CORRECTIONS

July 1, 1983

WILLIAM JACKSON, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS



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

MEMORANDUM OPINION AND ORDER

William Jackson ("Jackson") sues the Illinois Department of Corrections ("Department") and six of its officials*fn1 under 42 U.S.C. § 1983 ("Section 1983"), alleging he was deprived of due process of law*fn2 when, without a hearing before or after the decision, he was barred from receiving visits from his friend Sharon Sue Spencer ("Spencer") at Stateville.*fn3 Defendants have moved to dismiss for failure to state a claim upon which relief may be granted. For the reasons stated in this memorandum opinion and order defendants' motion is denied.

Facts*fn4

As a Stateville inmate, Jackson had been receiving visits from Spencer for about a year. About January 24, 1982*fn5 Mathis told Jackson that for a $20 payment Mathis would arrange that a visit take place outside the designated visiting area. On January 24 Spencer visited Jackson, and Mathis escorted her to a room outside the designated area. Correctional officer Lt. Rodriguez observed Mathis doing so and later reported the incident.

On January 26 O'Leary issued a Stop Order (the "Order," Complaint Ex. A) barring Spencer from visiting Jackson. In addition to identifying Spencer and Jackson the Order said:

Rationale for Stop: Inappropriate Conduct

   This Stop Order will remain in effect until further
   notice.

On January 29 Jackson petitioned (Complaint Ex. B) for a grievance hearing before Stateville's Board to challenge the Order. Stateville's Board has taken no action on Jackson's petition.

Jackson then sought review of his grievance before Department's Administrative Review Board ("Department's Board"). On March 8 Department Director Michael Lane wrote Jackson (Complaint Ex. C), informing him Department's Board would not consider his grievance petition until the matter had been processed by Stateville's Board.

Jackson then talked to Manar, who advised Jackson to write O'Leary and tell him Spencer's going to the private room was occasioned by a sudden illness. Jackson also spoke to DeRobertis about Stateville Board's failure to hear his grievance. DeRobertis told Jackson he was awaiting Jackson's lie detector test. Jackson took that test March 30 but was repeatedly told by Allen the results were unavailable. Jackson received the results in June and tendered them to Allen, who promised Jackson a hearing. None has been held.

Jackson asserts three Fourteenth Amendment due process violations:

     1. O'Leary's issuance of the Order without a
   hearing;
     2. O'Leary's failure to advise Jackson of the basis
   for the Order; and
     3. defendants*fn6 failure to investigate and
   conduct a hearing on Jackson's ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.