Tolbert v. Godinez

Illinois Appellate Court
Civil Court
Prisoners
Citation
Case Number: 
2020 IL App (4th) 180587
Decision Date: 
Wednesday, February 19, 2020
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed.
Justice: 
TURNER

Inmate filed pro se petition for writ of certiorari against DOC and its Director, claiming that he had been classified as a sexual predator in retaliation for a physical altercation with his former cellmate. Court properly dismissed petition as untimely, as he filed it 28 months after accrual of the cause of action (when a final decision on his grievance was entered), but time limit was 6 months. Petitioner provided no reasonable excuse for his delay in filing. Prejudice to Defendants is presumed, and doctrine of laches is appropriately applied. (KNECHT and HOLDER WHITE, concurring.)