Diversity Leadership Council Newsletter
The newsletter of the ISBA’s Diversity Leadership Council

June 2008, vol. 2, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on either of the articles that appear below.

In This Issue…

Related Court Cases

Mandamus
Fillmore v. Taylor

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.)

Human Rights Act; Standing
Deutsche Bank National Trust v. Peters

Court entered a judgment for foreclosure and sale on Defendant’s property. Following a judicial sale at which Plaintiff purchased the property, Plaintiff moved for an order confirming the sale. Defendant objected, arguing that language in the notice of sale requiring people entering the foreclosure sale room to bring a photo ID violated the Illinois Human Rights Act (“HRA”). Specifically, Defendant argued that the notice discriminated on the basis of national origin since people who entered the country without proper documentation would be unable to participate in the sale. Court entered order approving the sale finding, in part, that Defendant lacked standing to raise the HRA issue. Court properly found that Defendant lacked standing. Defendant did not identify a person, including himself, who went to the judicial sale with the adequate funds to purchase the property from the bank, but was denied access, and thus did not identify a distinct and palpable injury traceable to the notice of sale.

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