Donelson v. Hinton

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2018 IL App (3d) 170426
Decision Date: 
Wednesday, November 7, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE

Plaintiff filed writ of certiorari, arguing that Illinois Department of Corrections classified him as a sexual predator in violation of its administrative directive. Court granted DOC's Section 2-619 motion to dismiss based on laches. Competing evidence as to when Plaintiff knew of his classification creates issue of material fact, and different inference can be drawn from counseling summary. Remanded for evidentiary hearing, which court should have previously conducted.(CARTER and O'BRIEN, concurring.)