Case: Chancy v. Illinois Prisoner Review Board

15-01456 | Illinois state trial court

Filed Date: Jan. 28, 2015

Closed Date: 2017

Clearinghouse coding complete

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 …

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.

Summary Authors

Caitlin Hatakeyama (2/15/2019)

People


Judge(s)

Allen, Thomas R. (Illinois)

Cohen, Neil H. (Illinois)

Jacobius, Moshe (Illinois)

Attorneys(s) for Plaintiff

Kleinman, Laura A. (Illinois)

Mills, Alan S. (Illinois)

Shapiro, David M. (Illinois)

Tepfer, Joshua A. (Illinois)

Judge(s)

Allen, Thomas R. (Illinois)

Cohen, Neil H. (Illinois)

Jacobius, Moshe (Illinois)

Attorneys(s) for Plaintiff

Kleinman, Laura A. (Illinois)

Mills, Alan S. (Illinois)

Shapiro, David M. (Illinois)

Tepfer, Joshua A. (Illinois)

Documents in the Clearinghouse

Document

15-01456

Complaint

Jan. 28, 2015

Jan. 28, 2015

Complaint

15-01456

Motion For Class Certification

March 20, 2015

March 20, 2015

Pleading / Motion / Brief

15-01456

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

Resources

Docket

Last updated July 28, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 28, 2015

Closing Date: 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):

Corrections

Case Details

Special Case Type(s):

Habeas

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Discharge & termination plans

Good time

Habeas Corpus

Parole grant/revocation