Filed Date: Oct. 16, 2012
Case Ongoing
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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)
Biebel, Paul P. Jr. (Illinois)
Bedi, Sheila A. (Illinois)
Bowman, Locke E. III (Illinois)
Elson, Ben H. (Illinois)
Bradford, David J (Illinois)
Biebel, Paul P. Jr. (Illinois)
Last updated Jan. 25, 2024, 3:19 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
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:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General:
Discrimination-basis:
Race:
Affected Sex or Gender: