Montoya v. Jeffreys

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 22-2791
Decision Date: 
April 18, 2024
Federal District: 
N.D. Ill., Eastern Div.
Holding: 
Affirmed in part and reversed in part.
Judge: 
KIRSCH

Plaintiffs brought a class action lawsuit against the Illinois Department of Corrections challenging an IDOC policy restricting contact between a parent convicted of a sex offense and the parent’s minor child while the parent is on mandatory supervised release, alleging that it violated the Fourteenth Amendment. The district court entered judgment in favor of the defendant and plaintiffs appealed. The Seventh Circuit affirmed in part and reversed in part, finding that while the policy did not violate procedural due process the ban on phone contact violated substantive due process because call monitoring was a viable alternative to an outright ban. (WOOD and JACKSON-AKIWUMI, concurring)