Pitts v. Kolitwenzew

Illinois Appellate Court
Civil Court
Mandamus
Citation
Case Number: 
2020 IL App (3d) 190267
Decision Date: 
Friday, November 20, 2020
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
CARTER

Plaintiff, a pretrial detainee in county jail, filed pro se mandamus complaint seeking to compel jail director to provide him with barber services and access to a sufficient law library and to stop restricting his access to correspondence and legal materials as a disciplinary sanction. Court properly denied complaint for mandamus relief. Jail provided jail detainees with barbering tools so they could cut their own hair or cut each other's hair. Under County Jail Standards, county jail is not required to provide detainees with access to a barber. Testimony of jail director and Plaintiff confirmed that Plaintiff could access legal materials even while he was in disciplinary segregation.  Unified Code of Corrections does not apply to detainees in a county facility. Court's determination that Plaintiff was denied access to correspondence was only temporary was not against manifest weight of evidence. Court conducted a standard evidentiary hearing on complaint, and Plaintiff did not object in trial court to manner in which hearing was conducted. (LYTTON and SCHMIDT, concurring.)