DAVID D. WALKER, Plaintiff-Appellant,
ADAM P. MONREAL, Chairman of the Illinois Prisoner Review Board, Defendant-Appellee.
Rehearing denied May 3, 2017
from the Circuit Court of Will County, No. 13-MR-519; the
Hon. Roger Rickmon, Judge, presiding.
D. Walker, of Joliet, appellant pro se.
Madigan, Attorney General, of Chicago (Carolyn E. Shapiro,
Solicitor General, and Janon E. Fabiano, Assistant Attorney
General, of counsel), for appellee.
JUSTICE CARTER delivered the judgment of the court, with
opinion. Justices McDade and Wright concurred in the judgment
1 Plaintiff, David Walker, an inmate in the Illinois
Department of Corrections (IDOC), filed a complaint for
mandamus relief against Adam Monreal, Chairman of
the Illinois Prisoner Review Board. In his complaint, Walker
requested that the trial court compel Monreal to conduct a
new revocation hearing regarding the revocation of his
mandatory supervised release (MSR). The trial court granted
Monreal's motion to dismiss the mandamus
complaint with prejudice. Walker appealed. We affirm.
3 According to Walker's filings in this case, he was
released from prison to serve a three-year MSR term on March
29, 2000, related to case No. 90-CF-1815. On October 3, 2000,
Walker was arrested for violating various terms of his MSR.
On October 25, 2000, he was also charged with the unlawful
use of a weapon by a felon. On June 6, 2001, he was charged,
by way of indictment, with first degree murder and attempted
armed robbery for an incident that had occurred on October 1,
2000. On October 11, 2002, after a jury trial, Walker was
found guilty of first degree murder. The trial court
sentenced him to 50 years of imprisonment.
4 On November 5, 2003, Walker appeared before the Illinois
Prisoner Review Board for a revocation hearing regarding the
MSR term he was serving in case No. 90-CF-1815 at the time he
committed the murder offense. At the revocation hearing,
Walker requested a continuance to obtain evidence to prove
that the warrant issued for his arrest for alleged MSR
violations was issued without verified facts to establish
probable cause. The hearing officer denied the request for a
continuance, reasoning that Walker's argument of lack of
probable cause to support the warrant that had been issued on
October 3, 2000, was moot in light of Walker being convicted
of a murder that he committed during the MSR term, on October
1, 2000. The hearing officer indicated that the revocation of
the MSR term should proceed based on Walker having violated
the conditions of the MSR as evinced by his murder
5 On February 26, 2013, nearly 10 years later, Walker filed a
complaint for mandamus relief, requesting that the
trial court compel Monreal, the Chairman of the Illinois
Prisoner Review Board, to conduct a second revocation
hearing. In the complaint, Walker argued that he was denied
due process at the original revocation hearing.
6 On August 12, 2013, Walker filed a motion for default
because Monreal had been served with the complaint but failed
to file an answer. On August 22, 2013, the trial court
entered an order giving Monreal one month to answer or
otherwise plead to Walker's default motion.
7 On September 26, 2013, an assistant Attorney General
entered his appearance to represent Monreal and filed a
motion to dismiss pursuant to section 2-615 of the Code of
Civil Procedure (Code) (735 ILCS 5/2-615 (West 2012)),
arguing that Walker's mandamus complaint failed
to state a claim. Also on September 26, 2013, Walker filed a
second motion for default. The same day, the trial court
denied Walker's default motions and granted Monreal leave
to file the motion to dismiss. On February 27, 2014, the
trial court denied Monreal's section 2-615 motion to
dismiss and gave him until March 25, 2014, to answer or
8 On March 26, 2014, Monreal filed a motion to dismiss
pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West
2014)), arguing that Walker's mandamus complaint
was barred under the common law doctrine of laches.
Monreal contended that a mandamus action must be
brought within six months unless there was a reasonable
explanation for the delay and defendant's
mandamus complaint was not filed until 10 years
after the revocation hearing of which he complained. Monreal
also argued ...