Case: People of the State of Illinois v. Johnnie Plummer and Vincent Wade

12-21451 | Illinois state trial court

Filed Date: Oct. 16, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs filed suit against the State of Illinois under the Illinois Post-Conviction Hearing act, claiming violations of their Fourteenth Amendment right to due process. Both plaintiffs allege that their convictions relied upon faulty confessions obtained through torture and physical coercion. The Plaintiffs filed for class certification on October 16, 2012, in an attempt to join all incarcerated persons affected by the illegal interrogation tactics of Chicago Police Commander Jon Burge. The…

Plaintiffs filed suit against the State of Illinois under the Illinois Post-Conviction Hearing act, claiming violations of their Fourteenth Amendment right to due process. Both plaintiffs allege that their convictions relied upon faulty confessions obtained through torture and physical coercion.

The Plaintiffs filed for class certification on October 16, 2012, in an attempt to join all incarcerated persons affected by the illegal interrogation tactics of Chicago Police Commander Jon Burge. The plaintiffs further alleged that the Illinois Torture Relief Inquiry Commission (TRIC), an organization designed to provide an avenue of relief for wrongfully incarcerated persons was no longer viable due to a depletion of funds.

On March 1, 2014, Judge Biebel denied the plaintiffs' class certification request. Judge Biebel stated that due to the individual nature of the claims brought by affected individuals, class certification was inappropriate. However, Judge Biebel also asserted that the TRIC was not a viable option for those seeking redress for wrongful incarceration. In lieu of this, Judge Biebel appointed David N. Yellen, Dean of Loyola University Chicago School of Law, to act as "Special Master."

Dean Yellen's duties included locating individuals with a 'valid claim' against the State of Illinois. A valid claim is determined by five criteria: (1) The individual was convicted based in part upon a confession, (2) The confession was the end result of an interrogation in which Commander Burge or officers under his chain of command or supervision participated (3) The individual made an allegation of coercion in the context of his original proceedings and was overruled (4) The inmate remains incarcerated today, and (5) has never had the opportunity to present claims of coerced confession with the benefit of the substantial evidence now available to implicate Burge and those who work under him.

Upon identification of individuals with valid claims, the Court will appoint pro bono counsel to represent the litigants in a new trial under the Illinois Post Conviction Hearing Act.

Summary Authors

Nichollas Dawson (1/25/2018)

People


Judge(s)

Biebel, Paul P. Jr. (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

Elson, Ben H. (Illinois)

Gelsomino, Sarah Jeanette (Illinois)

Mogul, Joey L. (Illinois)

Taylor, G. Flint (Illinois)

Van Brunt, Alexa A. (Illinois)

Other Attorney(s)

Active

Active

Judge(s)

Biebel, Paul P. Jr. (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

Elson, Ben H. (Illinois)

Gelsomino, Sarah Jeanette (Illinois)

Mogul, Joey L. (Illinois)

Taylor, G. Flint (Illinois)

Van Brunt, Alexa A. (Illinois)

Other Attorney(s)

Bradford, David J (Illinois)

Palazzolo, Kyle A. (Illinois)

Yusim, Bradley M. (Illinois)

Documents in the Clearinghouse

Document

84 C 01010801

91 CR 21451

Class Action Petition For Relief Under The Illinois Post-Conviction Hearing Act

Oct. 16, 2012

Oct. 16, 2012

Complaint

Class Action Suite Calls for New Hearings for Still-Incarcerated Burge Torture Victims

No Court

Oct. 16, 2012

Oct. 16, 2012

Press Release

84 C 01010801

91 CR 21451

Class Action Petition For Relief Under The Illinois Post-Conviction Hearing Act

Oct. 16, 2012

Oct. 16, 2012

Complaint

92-20236

84-10108

Motion for Leave to File Brief of Amici Curiae in Support of Class Action Petition Relief under the Illinois-Post Conviction Hearing Act

Oct. 16, 2012

Oct. 16, 2012

Pleading / Motion / Brief

91 CR 21451

90-12306

91-22152

91-22460

92-20236

84-10108

87-15089

89-15497

Order [Concerning Special Prosecutor]

April 11, 2013

April 11, 2013

Order/Opinion

91 CR 21451

84-10108

Order [Denying Motion for Class Certification]

March 12, 2014

March 12, 2014

Order/Opinion

Resources

Docket

Last updated July 24, 2022, 3:21 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 16, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners convicted by coercive methods in Chicago

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

People of the State of Illinois, State

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None yet

Form of Settlement:

Conditional Dismissal

Content of Injunction:

Monitor/Master

Issues

General:

Over/Unlawful Detention

Torture

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Male