Duane v. Hardy

Illinois Appellate Court
Civil Court
Mandamus
Citation
Case Number: 
2012 IL App (3d) 110845
Decision Date: 
Thursday, September 13, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN
Inmate brought mandamus action seeking order that Stateville warden comply with statutory provisions for one hour of out-of-cell exercise per day. Court properly interpreted Section 3-7-2(c) of Unified Code of Corrections in finding that it does not mandate one hour of daily out-of-cell exercise, but only one hour of daily out-of-cell time. Inmate has no enforceable rights under that Section, and thus mandamus action was properly dismissed with prejudice, as he cannot establish a clear right to his requested relief. (LYTTON and WRIGHT, concurring.)