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Walker v. Monreal

Court of Appeals of Illinois, Third District

April 3, 2017

DAVID D. WALKER, Plaintiff-Appellant,
v.
ADAM P. MONREAL, Chairman of the Illinois Prisoner Review Board, Defendant-Appellee.

          Rehearing denied May 3, 2017

         Appeal from the Circuit Court of Will County, No. 13-MR-519; the Hon. Roger Rickmon, Judge, presiding.

          David D. Walker, of Joliet, appellant pro se.

          Lisa 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 and opinion.

          OPINION

          CARTER JUSTICE

         ¶ 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.

         ¶ 2 FACTS

         ¶ 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 conviction.

         ¶ 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 otherwise plead.

         ¶ 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 ...


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