Fillmore v. Taylor

Illinois Appellate Court
Civil Court
Mandamus
Citation
Case Number: 
2017 IL App (4th) 160309
Decision Date: 
Wednesday, July 12, 2017
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
APPLETON

Plaintiff, a DOC inmate, sued 3 DOC officers for failing to follow mandatory legal procedures before imposing discipline upon him for violating prison rules. "Prison regulations" of the type within inmate orientation manual confer no rights on inmates. In mandamus action, legal duty of public official must be clear and nondiscretionary, and Plaintiff must have a strong equitable case.  Petitioner for writ of certiorari must show that he or she has suffered a substantial injury or injustice. Count for declaratory judgment is legally insufficient in its entirety; mandamus and writ of certiorari counts are legally sufficient in their entirety. (POPE and KNECHT, concurring.)