Cowper v. Nyberg

Illinois Appellate Court
Civil Court
Sentencing
Citation
Case Number: 
2014 IL App (5th) 120415
Decision Date: 
Friday, May 9, 2014
District: 
5th Dist.
Division/County: 
Saline Co.
Holding: 
Reversed and remanded.
Justice: 
CHAPMAN
Court erred in granting dismissal of Plaintiff's statutory claim, under Unified Code of Corrections, for inaccurate calculation of credit for time already served in jail. As an incarcerated adjudicated offender, Plaintiff was a member of a class for whose benefit statute was enacted. Private cause of action is consistent with purposes of Code of Corrections, and wrongful incarceration is an injury statute is designed to prevent. Civil private cause of action for compensatory damages is necessary to provide adequate remedy for breach of mandated duties of sheriff and clerk to properly assemble and transmit prisoner's sentencing data to IDOC.(SPOMER and STEWART, concurring.)