Case: Chancy v. Illinois Prisoner Review Board

2015-CH-01456 | Illinois state trial court

Filed Date: Jan. 28, 2015

Closed Date: June 14, 2017

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Case Summary

On January 28, 2015, two C-number inmates in Illinois prisons filed this lawsuit as class representatives of all C-number inmates in an Illinois prison who were deprived of their statutory right to have their parole board hearing with a standardized risk assessment tool. The plaintiffs sued the Illinois Prisoner Review Board (“IPRB”) and the Illinois Department of Corrections (“IDOC”) to enforce the Illinois Crime Reduction Act of 2009, Section 15(b) (“Crime Reduction Act”), which said that by 2012, the IPRB and the IDOC must adopt and use a standardized risk assessment tool for parole hearings. Both plaintiffs allege that the tool was not implemented during their hearings in 2013, and a multi-year set between parole hearings was imposed without any coherent rationale. As of 2015, the plaintiffs allege that the IPRB and the IDOC have still not adopted or used the tool.

The plaintiffs filed in Illinois Circuit Court, Cook County Chancery Division, and were represented by counsel from Northwestern University School of Law’s MacArthur Justice Center, as well as by private counsel. Based on the amended complaint on April 6, 2015, the plaintiffs sought a writ of mandamus to force the IPRB and IDOC to comply with the Crime Reduction Act. Specifically, the plaintiffs sought the immediate implementation and use of a standardized risk assessment tool, vacating the plaintiffs’ multi-year set, and holding immediate parole hearings using the tool for plaintiffs and all other members of plaintiffs’ class who had parole hearings after January 1, 2013 without the tool. The plaintiffs also sought a declaratory judgment that the IPRB and IDOC are in violation of the Crime Reduction Act.

The online docket does not show the content of the filed documents or opinions, so what follows is a brief overview of what happened in the case.

The defendants filed their answer to the amended complaint on May 18, 2015. On October 23, 2015, Judge Moshe Jacobius delivered an appellate court mandate, reversing and remanding an earlier ruling with directions. It is unclear what ruling the appellate court reversed and remanded. The plaintiffs entered an agreed order before Judge Thomas R. Allen on November 4, 2015.

In a separate case, the plaintiffs moved for a preliminary injunction to get an immediate status conference to avoid irreparable harm on February 8, 2016 before Judge John P. Schmidt. On March 30, 2016 the plaintiffs additionally filed a writ of habeas corpus. On April 15, 2016 Judge Schmidt denied the plaintiffs’ motion for preliminary injunction. On March 14, 2017, the plaintiffs filed a motion for summary judgment, followed by a motion on May 5, 2017 to dismiss the suit without prejudice, which Judge Schmidt granted on May 9, 2017.

The original case was disposed of on June 14, 2017. The case is now closed.

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Summary Authors

Caitlin Hatakeyama (2/15/2019)

People

Judge(s)

Allen, Thomas R. (Illinois)

Cohen, Neil H. (Illinois)

Jacobius, Moshe (Illinois)

Attorney for Plaintiff

Gasparka, Erin (Illinois)

Attorney for Defendant

Henretty, Lyle Kevin (Illinois)

Judge(s)

Allen, Thomas R. (Illinois)

Cohen, Neil H. (Illinois)

Jacobius, Moshe (Illinois)

Attorney for Plaintiff

Gasparka, Erin (Illinois)

Kleinman, Laura A. (Illinois)

Mills, Alan S. (Illinois)

Shapiro, David M. (Illinois)

Tepfer, Joshua A. (Illinois)

Attorney for Defendant

Henretty, Lyle Kevin (Illinois)

Jennings, Melissa A. (Illinois)

Lovellette, Kevin R. (Illinois)

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Documents in the Clearinghouse

	Document
2016-CH-000007	[Docket]	May 9, 2017	May 9, 2017 Docket
2015-CH-01456	[Docket]	June 14, 2017	June 14, 2017 Docket
2015-CH-01456	Complaint	Jan. 28, 2015	Jan. 28, 2015 Complaint
2015-CH-01456	Motion For Class Certification	March 20, 2015	March 20, 2015 Pleading / Motion / Brief
2015-CH-01456	Petitioner's Motion for Leave to Amend Complaint	March 20, 2015	March 20, 2015 Complaint
2016-CH-000007	Notice of Motion of Preliminary Injunction	March 16, 2016	March 16, 2016 Pleading / Motion / Brief

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Docket

Last updated March 10, 2024, 1:47 p.m.

Description	Date	Link Date / Link
CLASS ACTION COMPLAINT FILED Amount court fee: 337.00 Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	Jan. 28, 2015	Jan. 28, 2015
SUMMONS ISSUED AND RETURNABLE Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	Jan. 28, 2015	Jan. 28, 2015
CASE SET ON CASE MANAGEMENT CALL Court room: 2302 Date court: 05/28/2015 Filed by: RODERICK &SOLANGE MACARTH Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 0930	Jan. 28, 2015	Jan. 28, 2015
SUMMONS - RETD P.S. Date court: 02/05/2015 Participant: ILLINOIS DEPARTMENT CORRE	Feb. 5, 2015	Feb. 5, 2015
SUMMONS - RETD P.S. Date court: 02/05/2015 Participant: GODINEZ SALVADOR	Feb. 5, 2015	Feb. 5, 2015
SUMMONS SERVED BY SPECIAL PROCESS SERVER Date court: 02/05/2015 Participant: ILLINOIS DEPARTMENT CORRE	Feb. 9, 2015	Feb. 9, 2015
SUMMONS SERVED BY SPECIAL PROCESS SERVER Date court: 02/05/2015 Participant: GODINEZ SALVADOR	Feb. 9, 2015	Feb. 9, 2015
APPEARANCE FILED - FEE WAIVER - Amount court fee: 206.00 Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
APPEARANCE FILED - FEE WAIVER - Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
APPEARANCE FILED - FEE WAIVER - Amount court fee: 206.00 Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIE	March 3, 2015	March 3, 2015
APPEARANCE FILED - FEE WAIVER - Amount court fee: 206.00 Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT COR	March 3, 2015	March 3, 2015
MOTION SCHEDULED (MOTION COUNTER ONLY) Date court: 03/13/2015 Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV Time court: 0930	March 3, 2015	March 3, 2015
***EXTEND TIME FOR FILING(SET FOR MOTION HEARING) Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
***MISC.MOTION(SET FOR MOTION HEARING) Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
NOTICE OF MOTION FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
PROOF OF SERVICE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
MOTION FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	March 3, 2015	March 3, 2015
FILE APPEARANCE OR JURY DEMAND, ANSWER OR PLEAD - ALLOWED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	March 13, 2015	March 13, 2015
MOTION SCHEDULED (MOTION COUNTER ONLY) Date court: 03/31/2015 Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON Time court: 0930	March 20, 2015	March 20, 2015
***MISC.MOTION(SET FOR MOTION HEARING) Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	March 20, 2015	March 20, 2015
EXHIBITS FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	March 20, 2015	March 20, 2015
NOTICE OF MOTION FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	March 20, 2015	March 20, 2015
PROOF OF SERVICE FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	March 20, 2015	March 20, 2015
MOTION FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	March 20, 2015	March 20, 2015
COMPLY - ALLOWED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	March 31, 2015	March 31, 2015
MOTION TO - CONTINUED - Date court: 04/06/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 1030	March 31, 2015	March 31, 2015
EXHIBITS FILED Participant: ILLINOIS PRISONER REVI	April 6, 2015	April 6, 2015
AMENDED COMPLAINT FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	April 6, 2015	April 6, 2015
MOTION FILED Participant: ILLINOIS PRISONER REVI	April 6, 2015	April 6, 2015
CASE ELECTRONICALLY FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	April 6, 2015	April 6, 2015
CONTINUANCE - ALLOWED - Date court: 04/30/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 0200	April 6, 2015	April 6, 2015
FILE AMENDMENT OR ADDITIONAL OR AMENDED PLEADINGS - ALLOWED - Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	April 6, 2015	April 6, 2015
FILE APPEARANCE OR JURY DEMAND, ANSWER OR PLEAD - ALLOWED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	April 6, 2015	April 6, 2015
SET BRIEFING SCHEDULE - ALLOWED - Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	April 6, 2015	April 6, 2015
MEMORANDUM FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	April 15, 2015	April 15, 2015
MEMORANDUM FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CLASS C NUMBER PRISONERS	April 15, 2015	April 15, 2015
AMENDED ANSWER TO MOTION FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CHANCY HARRISON	April 16, 2015	April 16, 2015
AMENDED ANSWER TO MOTION FILED Filed by: RODERICK &SOLANGE MACARTH Participant: CLASS C NUMBER PRISONERS	April 16, 2015	April 16, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	April 22, 2015	April 22, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	April 22, 2015	April 22, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	April 22, 2015	April 22, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	April 22, 2015	April 22, 2015
ANSWER/RESPONSE/REPLY Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	April 22, 2015	April 22, 2015
ANSWER/RESPONSE/REPLY Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	April 22, 2015	April 22, 2015
ANSWER/RESPONSE/REPLY Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	April 22, 2015	April 22, 2015
ANSWER/RESPONSE/REPLY Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	April 22, 2015	April 22, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	April 22, 2015	April 22, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	April 22, 2015	April 22, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	April 22, 2015	April 22, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	April 22, 2015	April 22, 2015
CONTINUANCE - ALLOWED - Date court: 05/12/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 1030	April 30, 2015	April 30, 2015
FILE APPEARANCE OR JURY DEMAND, ANSWER OR PLEAD - ALLOWED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	April 30, 2015	April 30, 2015
MOTION TO - ALLOWED - Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	April 30, 2015	April 30, 2015
MOTION TO - DENIED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	April 30, 2015	April 30, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 11, 2015	May 11, 2015
MOTION FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 11, 2015	May 11, 2015
FILE APPEARANCE OR JURY DEMAND, ANSWER OR PLEAD - ALLOWED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	May 12, 2015	May 12, 2015
DISCOVERY - ALLOWED - Date court: 07/13/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	May 12, 2015	May 12, 2015
STRIKE FROM THE CALL - ALLOWED - Date court: 05/28/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	May 12, 2015	May 12, 2015
CASE SET ON STATUS CALL Date court: 07/21/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 1030	May 12, 2015	May 12, 2015
MOTION TO - DENIED - Judge: ALLEN, THOMAS R. Participant: ILLINOIS PRISONER REVIEV	May 12, 2015	May 12, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 18, 2015	May 18, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	May 18, 2015	May 18, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	May 18, 2015	May 18, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	May 18, 2015	May 18, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 18, 2015	May 18, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	May 18, 2015	May 18, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	May 18, 2015	May 18, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	May 18, 2015	May 18, 2015
ANSWER TO AMENDED COMPLAINT FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 18, 2015	May 18, 2015
ANSWER TO AMENDED COMPLAINT FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	May 18, 2015	May 18, 2015
ANSWER TO AMENDED COMPLAINT FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	May 18, 2015	May 18, 2015
ANSWER TO AMENDED COMPLAINT FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	May 18, 2015	May 18, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	May 18, 2015	May 18, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: MONREAL ADAM	May 18, 2015	May 18, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS DEPARTMENT CO	May 18, 2015	May 18, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: GODINEZ SALVADO	May 18, 2015	May 18, 2015
MOTION SCHEDULED (MOTION COUNTER ONLY) Date court: 06/29/2015 Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV Time court: 0930	June 18, 2015	June 18, 2015
***MISC.MOTION(SET FOR MOTION HEARING) Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	June 18, 2015	June 18, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	June 18, 2015	June 18, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	June 18, 2015	June 18, 2015
NOTICE OF MOTION FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	June 18, 2015	June 18, 2015
MOTION FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVIEV	June 18, 2015	June 18, 2015
CERTIFICATE OF MAILING FILED Filed by: PRO SE Participant: ILLINOIS PRISONER REVIEW	June 26, 2015	June 26, 2015
EXHIBITS FILED Filed by: PRO SE Participant: ILLINOIS PRISONER REVIEW	June 26, 2015	June 26, 2015
MOTION FILED Filed by: PRO SE Participant: ILLINOIS PRISONER REVIEW	June 26, 2015	June 26, 2015
COMPLY - ALLOWED - Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	June 29, 2015	June 29, 2015
CONTINUANCE - ALLOWED - Date court: 07/06/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 1100	June 29, 2015	June 29, 2015
CONTINUANCE - ALLOWED - Date court: 07/28/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON Time court: 1030	June 29, 2015	June 29, 2015
STRIKE FROM THE CALL - ALLOWED - Date court: 07/21/2015 Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	June 29, 2015	June 29, 2015
MISCELLANEOUS MOTION - ALLOWED - Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	July 6, 2015	July 6, 2015
ORDER OR JUDGMENT ENTERED-NUNC PRO TUNC Judge: ALLEN, THOMAS R. Participant: CHANCY HARRISON	July 6, 2015	July 6, 2015
CERTIFICATE FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	July 13, 2015	July 13, 2015
EXHIBITS FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	July 13, 2015	July 13, 2015
ANSWER/RESPONSE/REPLY Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	July 13, 2015	July 13, 2015
NOTICE OF FILING FILED Filed by: ATTORNEY GENERALS OFFICE Participant: ILLINOIS PRISONER REVI	July 13, 2015	July 13, 2015
MOTION SCHEDULED (MOTION COUNTER ONLY) Date court: 07/24/2015 Filed by: MILLS ALAN Participant: CHANCY HARRISON Time court: 0930	July 15, 2015	July 15, 2015
***EXTEND TIME FOR FILING(SET FOR MOTION HEARING) Filed by: MILLS ALAN Participant: CHANCY HARRISON	July 15, 2015	July 15, 2015

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Case Details

State / Territory:

Illinois

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 28, 2015

Closing Date: June 14, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two C-number inmates in an Illinois Prison as class representatives of all C-number inmates in Illinois Prison who were deprived of their statutory right to have their parole board hearing with a standardized risk assessment tool.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Adam Monreal (Cook), State

Salvador Godinez, State

Defendant Type(s):