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JACKSON v. ILLINOIS DEPARTMENT OF CORRECTIONS
July 1, 1983
WILLIAM JACKSON, PLAINTIFF,
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.
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
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
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
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 ...
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