Case: Sorrentino v. Godinez

1:12-cv-06757 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 22, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 22, 2012, two individuals incarcerated by the Illinois Department of Corrections filed this lawsuit in the U.S. District Court for the Northern District of Illinois under the 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., against the State of Illinois. The plaintiffs, represented by private counsel and the Uptown People's Law Center, alleged that prison employees confiscated several items of personal property from their cells. They asked the Court for a …

On August 22, 2012, two individuals incarcerated by the Illinois Department of Corrections filed this lawsuit in the U.S. District Court for the Northern District of Illinois under the 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., against the State of Illinois. The plaintiffs, represented by private counsel and the Uptown People's Law Center, alleged that prison employees confiscated several items of personal property from their cells. They asked the Court for a judgment declaring that the confiscation constituted a taking without just compensation, in violation of the Fifth Amendment and the Contract Clause of the U.S. Constitution, and directing the defendant to either return or provide just compensation for the confiscated property.

The plaintiffs, incarcerated at the Stateville Correctional Center ("Stateville") purchased several items from the prison commissary, including a typewriter and multiple fans, that had been approved for prisoner use. In July 2012, the Warden of Stateville reversed course and mandated the confiscation of all typewriters and any fan in excess of one per inmate.

On October 3, 2013, the District Court (Judge Thomas Durkin) granted the defendant's Motion to Dismiss and dismissed all counts with prejudice. 2013 WL 5497244. The Court found that the removal of the items from plaintiffs' cells did not constitute a taking. It determined there was no deprivation of property since incarceration entails limitations upon certain rights, including the right to possess property. The Court also found that the plaintiffs did not enter into a contract with the state when they purchased their items from the prison commissary.

On October 29, 2013, plaintiffs appealed their case to the U.S. Court of Appeals for the Seventh Circuit. Oral arguments were heard on September 10, 2014 before Judges Easterbrook, Tinder, and Wood.

On February 17, 2015, the U.S. Court of Appeals for the Seventh Circuit ruled that the District Court was correct in dismissing the action, but the dismissal should have been without prejudice.

Summary Authors

Nate West (10/2/2014)

Erin Pamukcu (2/22/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5608096/parties/sorrentino-v-godinez/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Durkin, Thomas Michael (Illinois)

Easterbrook, Frank Hoover (Illinois)

Kennelly, Matthew F. (Illinois)

Tinder, John Daniel (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Kasdin, Michael C. (Illinois)

Mills, Alan S. (Illinois)

Attorneys(s) for Defendant

Doran, James Patrick (Illinois)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Durkin, Thomas Michael (Illinois)

Easterbrook, Frank Hoover (Illinois)

Kennelly, Matthew F. (Illinois)

Tinder, John Daniel (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Flaxman, Kenneth N. (Illinois)

Kasdin, Michael C. (Illinois)

Mills, Alan S. (Illinois)

Attorneys(s) for Defendant

Doran, James Patrick (Illinois)

Documents in the Clearinghouse

Document

1:12-cv-06757

Docket [PACER]

July 10, 2014

July 10, 2014

Docket
1

1:12-cv-06757

Complaint

Aug. 22, 2012

Aug. 22, 2012

Complaint
40

1:12-cv-06757

Memorandum Opinion and Order

2013 WL 5497244

Oct. 3, 2013

Oct. 3, 2013

Order/Opinion
50

0:13-03421

Final Judgment

U. S. Court of Appeals for the Seventh Circuit

Jan. 23, 2015

Jan. 23, 2015

Order/Opinion
40

1:12-cv-06757

0:13-03421

[Order Affirming District Court's Dismissal]

U. S. Court of Appeals for the Seventh Circuit

777 F.3d 410

Jan. 23, 2015

Jan. 23, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5608096/sorrentino-v-godinez/

Last updated Aug. 25, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Joseph Sorrentino, Labron C. Neal−Bey; Filing fee $ 350, receipt number 0752−7477790. (Attachments: # 1 Exhibit)(Mills, Alan) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

2

CIVIL Cover Sheet (Mills, Alan) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. (daj, ) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

3

ATTORNEY Appearance for Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino by Alan S. Mills (Mills, Alan) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

4

MINUTE entry before Honorable Robert M. Dow, Jr. Plaintiffs have paid the statutory filing fee and are represented by counsel. Plaintiffs' complaint has been screened pursuant to 28 § 1915A. Plaintiffs' complaint is accepted. Mailed notice (lw, ). (Entered: 09/13/2012)

Sept. 12, 2012

Sept. 12, 2012

5

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings. Signed by Executive Committee on 9/13/2012. (jmp, ) (Entered: 09/17/2012)

Sept. 13, 2012

Sept. 13, 2012

6

MINUTE entry before Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 11/5/12 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/home/Judges.aspx. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant. (mk) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

7

WAIVER OF SERVICE returned executed by Joseph Sorrentino, Labron C. Neal−Bey. Salvador A. Godinez waiver sent on 8/22/2012, answer due 10/22/2012. (Mills, Alan) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

8

ATTORNEY Appearance for Defendant Salvador A. Godinez by James Patrick Doran (Doran, James) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

9

MOTION by Defendant Salvador A. Godinez for extension of time within which to answer (Doran, James) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

10

NOTICE of Motion by James Patrick Doran for presentment of extension of time 9 before Honorable Matthew F. Kennelly on 10/30/2012 at 09:30 AM. (Doran, James) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

11

MINUTE entry before Honorable Matthew F. Kennelly: Defendant's motion for extension of time is granted. Response to complaint is to be filed by 11/30/12. The motion hearing date of 10/30/12 is vacated. The initial status hearing of 11/5/12 is also vacated and is reset to 12/4/12 at 9:00 a.m. Rule 26(a)(1) disclosures are to be made by 11/30/12.Judicial staff mailed notice (gl, ) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION (Doran, James) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

13

NOTICE of Motion by James Patrick Doran for presentment of Motion to Dismiss for Failure to State a Claim 12 before Honorable Matthew F. Kennelly on 12/5/2012 at 09:30 AM. (Doran, James) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

14

MINUTE entry before Honorable Matthew F. Kennelly:Status hearing pursuant to Rule 16(b) held. Rule 26(a)(1) disclosures are to be made by 1/15/2013. : Response to motion to Dismiss for Failure to State a Claim 12 due by 1/15/2013; Reply is due by 2/5/2013. Status hearing continued to 2/26/2013 at 09:30 AM. Kenneth Flaxman has leave to file his appearance on behalf of plaintiff. (or, ) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

15

ATTORNEY Appearance for Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

16

MOTION by Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino for extension of time to file response/reply as to terminate deadlines and hearings,, status hearing,, set motion and RRdeadlines/hearings, 14 (Mills, Alan) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

17

NOTICE of Motion by Alan S. Mills for presentment of motion for extension of time to file response/reply, motion for relief,, 16 before Honorable Matthew F. Kennelly on 1/22/2013 at 09:30 AM. (Mills, Alan) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

19

EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on January 3, 2013, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Thomas M. Durkin, therefore IT IS HEREBY ORDERED That the attached list of 330 cases be reassigned to the Honorable Thomas M. Durkin IT IS FURTHER ORDERED that this order shall become effective on Tuesday, January 15,2013. Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Signed by Executive Committee on 1/14/13. (ef, ) (Entered: 01/16/2013)

Jan. 14, 2013

Jan. 14, 2013

18

MINUTE entry before Honorable Matthew F. Kennelly: Case having been reassigned to the initial calendar for Judge Thomas Durkin, status hearing set for 2/26/2013 and noticed motion hearing set for 1/22/2013 before Judge Kennelly, are vacated. Parties are to contact Judge Durkin's courtroom deputy, Sandy Newland to find out when Judge Durkin will hear the motion for extension of time. (or, ) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

20

MINUTE entry before Honorable Thomas M. Durkin:Motion for extension of time to 2/6/13 to file a response to defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION 12 16 is granted. Responses due by 2/6/2013.Mailed notice (srn, ) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

21

MOTION by Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino for extension of time to file Response to Motion to Dismiss (Mills, Alan) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

22

NOTICE of Motion by Alan S. Mills for presentment of motion for extension of time to file 21 before Honorable Thomas M. Durkin on 2/13/2013 at 09:15 AM. (Mills, Alan) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

23

MINUTE entry before Honorable Thomas M. Durkin:Plaintiff's Motion for extension of time to 3/6/13 to file a response to defendant's motion to dismiss and to make their initial Rule 26 disclosures 21 is granted. No appearance required on 2/13/13.Mailed notice (srn, ) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

24

MOTION by Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 12 (Mills, Alan) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

26

MINUTE entry before Honorable Thomas M. Durkin:Motion for extension of time to file response is reset to 3/18/13 at 9:00 a.m.24] Status hearing set for 3/18/2013 at 09:00 AM. Status Report due by 3/14/2013.Mailed notice (srn, ) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

27

MINUTE entry before Honorable Thomas M. Durkin:At the request of counsel the Status hearing and hearing on motion for extension of time 24 is reset for 3/20/2013 at 09:15 AM.Mailed notice (srn, ) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

28

MINUTE entry before Honorable Thomas M. Durkin:Motion for extension of time to file response to motion to dismiss for failure to state a claim 12 is granted. 24 Motion hearing held on 3/20/2013. Responses due by 4/17/2013 Replies due by 5/8/2013. Status hearing set for 6/19/2013 at 09:00 AM.Mailed notice (srn, ) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

29

MINUTE entry before Honorable Thomas M. Durkin:By agreement of the parties the time in which to file a response to Defendant's Motion to Dismiss for Failure to State a Claim 12 is due by 4/22/2013. Replies due by 5/13/2013.Mailed notice (srn, ) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

30

MEMORANDUM by Labron C. Neal−Bey, Joseph Sorrentino in Opposition to Motion to Dismiss for Failure to State a Claim 12 (Flaxman, Kenneth) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

31

MOTION by Defendant Salvador A. Godinez for extension of time to file response/reply (Doran, James) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

32

NOTICE of Motion by James Patrick Doran for presentment of motion for extension of time to file response/reply 31 before Honorable Thomas M. Durkin on 5/16/2013 at 09:15 AM. (Doran, James) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

33

MINUTE entry before Honorable Thomas M. Durkin:Motion for extension of time to file reply to Defendant's motion to dismiss for failure to state a claim 12 31 is granted. Replies due by 5/31/2013. Status hearing reset for 7/8/2013 at 09:00 AM. The 6/19/13 status date is vacated. No appearance required on 5/16/13. Mailed notice (srn, ) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

34

MOTION by Defendant Salvador A. Godinez for extension of time to file response/reply as to memorandum in opposition to motion 30 (Doran, James) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

35

NOTICE of Motion by James Patrick Doran for presentment of motion for extension of time to file response/reply, motion for relief 34 before Honorable Thomas M. Durkin on 6/4/2013 at 09:00 PM. (Doran, James) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

36

MINUTE entry before Honorable Thomas M. Durkin:Defendant's motion for extension of time to 6/17/13 to file a reply to defendant's motion to dismiss 12 is granted. 34 Replies due by 6/17/2013. No appearance required on 6/4/13. Mailed notice (srn, ) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

37

MINUTE entry before Honorable Thomas M. Durkin:The 7/8/13 status date is vacated. Status hearing reset for 7/25/2013 at 09:00 AM.Mailed notice (srn, ) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

38

REPLY by Salvador A. Godinez to memorandum in opposition to motion 30 to dismiss (Doran, James) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

39

MINUTE entry before Honorable Thomas M. Durkin: The 7/25/13 status date is vacated. The Court will rule by mail on the pending motion to dismiss. Mailed notice (ma,) (Entered: 07/22/2013)

July 22, 2013

July 22, 2013

42

NOTICE of appeal by Labron C. Neal−Bey, Joseph Sorrentino regarding orders 41 Filing fee $ 455, receipt number 0752−8878068. (Mills, Alan) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

43

NOTICE of Appeal Due letter sent to counsel of record. (smm) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

44

TRANSMITTED to the 7th Circuit the short record on notice of appeal 42 . Notified counsel (smm) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

45

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 42 ; USCA Case No. 13−3421. (kj, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

46

SEVENTH CIRCUIT transcript information sheet by Labron C. Neal−Bey, Joseph Sorrentino (Kasdin, Michael) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

47

ATTORNEY Appearance for Plaintiffs Labron C. Neal−Bey, Joseph Sorrentino by Michael C Kasdin (Kasdin, Michael) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

48

LETTER from Albert Lee dated 7/7/14. (mr, ) (Entered: 07/17/2014)

July 10, 2014

July 10, 2014

49

LETTER from the Seventh Circuit USCA no. 13−3421 no record to be returned. (rb, ) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

50

MANDATE of USCA dated 1/23/2015 regarding notice of appeal 42 ; USCA No. 13−3421 (rb, ) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

51

OPINION from the USCA for the 7th; Argued 9/10/2014; Decided 1/23/2015 in USCA case no. 13−3421 (rb, ) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

40

Memorandum Opinion and Order. For the foregoing reasons, Director Godinez's motion to dismiss the complaint is granted, and Counts I, II, and III are dismissed with prejudice. 12 Signed by the Honorable Thomas M. Durkin on 10/3/2013:Mailed notice(srn, )

Oct. 3, 2013

Oct. 3, 2013

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were inmates at the Stateville Correctional Center who had personal items confiscated by prison officials.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Loss or damage to property

Type of Facility:

Government-run