Lucas v. Taylor

Decision Date16 June 2004
Docket NumberNo. 4-03-0746.,4-03-0746.
Citation285 Ill.Dec. 483,349 Ill.App.3d 995,812 N.E.2d 72
PartiesLosardo LUCAS, Plaintiff-Appellant, v. Anne R. TAYLOR and the Prisoner Review Board, Defendants-Appellees.
CourtUnited States Appellate Court of Illinois

Losardo Lucas, pro se.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Nadine J. Wichern, Assistant Attorney General, for Anne R. Taylor.

Justice TURNER delivered the opinion of the court:

In April 2002, plaintiff, Losardo Lucas, a prisoner in the Illinois Department of Corrections (DOC), filed a pro se petition for mandamus against defendants, Anne R. Taylor and the Prisoner Review Board (PRB), alleging (1) he did not receive procedural due process before the PRB and (2) his good-conduct credits were revoked before they were "earned." In July 2002, defendants filed a motion to dismiss, which the trial court granted.

On appeal, plaintiff argues the trial court erred in dismissing his petition. We affirm.

I. BACKGROUND

Plaintiff was sentenced to 42 years in prison in 1985 for murder, weapon possession, and assault, and he is currently an inmate at the Tamms Correctional Center. In April 2002, plaintiff filed a pro se petition for mandamus, naming the PRB and its chairman, Taylor, as defendants. Plaintiff alleged the PRB revoked good-conduct credits without giving him 24-hour notice of a hearing, a hearing where he could call witnesses or present evidence, or a written statement relied on by the PRB in making its decision. Also, plaintiff claimed the PRB revoked good-conduct credits he "had not yet earned." For example, plaintiff alleged by the time he had served 5 years in prison, the PRB had improperly revoked 8 years and 11 months' worth of credits. In his prayer for relief, plaintiff asked the trial court to compel defendants to provide due process at future hearings and to restore 12 years and 3 months of his revoked good-conduct credits.

In May 2002, defendants filed a motion for a bill of particulars, requesting plaintiff specify which inmate disciplinary reports were the basis for the revocation of his 12 years and 3 months of good-conduct credits. In his June 2002 response, plaintiff claimed the PRB never informed him when it approved the DOC Director's decision to revoke his good-conduct credit. Plaintiff did attach numerous disciplinary reports to his response, along with DOC documents indicating the amount of good-conduct credits that had been revoked over several years. The documents revealed instances where the adjustment committee recommended revocation of plaintiff's good-conduct credits and the DOC Director and the PRB approved the recommendation. In several instances, the DOC Director reduced the amount recommended by the adjustment committee and the PRB approved the reduction. On multiple occasions, plaintiff refused to appear before the PRB or refused to speak to the panel.

In July 2002, defendants filed a motion to dismiss pursuant to sections 2-615 and 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-615, 2-619(a)(9) (West 2002)), alleging plaintiff failed to show a clear, legal right to a due-process hearing before the PRB and defendants had no ministerial duty to restore plaintiff's good-conduct credits. Defendants also claimed plaintiff was not required to receive his good-conduct credit on a daily basis instead of upon his arrival to prison.

In December 2002, the trial court granted defendants' motion to dismiss. The court found defendants had no involvement in the awarding of statutory good time and were not a part of DOC. The court also held that although a prisoner is entitled to a due-process hearing before the prison adjustment committee pursuant to Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), the Wolff requirements did not apply to the PRB. The court found the PRB "reviews the recommendations of [DOC] and the [p]laintiff is not entitled to two due[-]process hearings as he has argued in his complaint."

In January 2003, plaintiff filed a motion to reconsider, claiming the PRB is required to conduct a due-process hearing pursuant to Wolff as only the PRB can revoke good-conduct credits. Defendants filed a response, claiming the PRB is a reviewing body and is not required to conduct a formal hearing when revoking good time. In August 2003, the trial court denied plaintiff's motion. This appeal followed.

II. ANALYSIS

Plaintiff argues the trial court erred in dismissing his mandamus complaint. We disagree.

A. Petition for Mandamus

"Mandamus is an extraordinary remedy to enforce, as a matter of right, `the performance of official duties by a public officer where no exercise of discretion on his part is involved.'" Lewis E. v. Spagnolo, 186 Ill.2d 198, 229, 238 Ill.Dec. 1, 710 N.E.2d 798, 813 (1999), quoting Madden v. Cronson, 114 Ill.2d 504, 514, 103 Ill.Dec. 729, 501 N.E.2d 1267, 1272 (1986). A court will award a writ of mandamus "only if a plaintiff establishes a clear, affirmative right to relief, a clear duty of the public official to act, and a clear authority in the public official to comply with the writ." People ex rel. Ryan v. Roe, 201 Ill.2d 552, 555, 268 Ill.Dec. 435, 778 N.E.2d 701, 703 (2002). A plaintiff must set forth every material fact necessary to show he or she is entitled to a writ of mandamus, and the plaintiff bears the burden to establish a clear, legal right to it. Chicago Ass'n of Commerce & Industry v. Regional Transportation Authority, 86 Ill.2d 179, 185, 56 Ill.Dec. 73, 427 N.E.2d 153, 156 (1981).

A decision to grant or deny mandamus will not be reversed on appeal unless it is against the manifest weight of the evidence. Howell v. Snyder, 326 Ill.App.3d 450, 453, 260 Ill.Dec. 236, 760 N.E.2d 1009, 1011 (2001). On appeal, this court reviews "de novo, however, the granting of a motion to dismiss a petition for mandamus." Howell, 326 Ill.App.3d at 453, 260 Ill.Dec. 236, 760 N.E.2d at 1011.

When ruling on a motion to dismiss under either section 2-615 or section 2-619 of the Code of Civil Procedure, "the trial court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party." Chicago Motor Club v. Robinson, 316 Ill.App.3d 1163, 1171, 250 Ill.Dec. 892, 739 N.E.2d 889, 894-95 (2000), citing Toombs v. City of Champaign, 245 Ill.App.3d 580, 583, 185 Ill.Dec. 755, 615 N.E.2d 50, 51 (1993). The trial court should grant the motion to dismiss only if the plaintiff can prove no set of facts to support the cause of action. Hatch v. Szymanski, 325 Ill.App.3d 736, 739, 259 Ill.Dec. 805, 759 N.E.2d 585, 588 (2001).

B. Due Process and the PRB

Plaintiff argues he stated a claim for mandamus because the PRB failed to comply with due process. Plaintiff claims the PRB is the body that hears and decides whether to revoke an inmate's good-conduct credits when more than 30 days are at issue. Thus, he argues the PRB must provide the minimum procedural safeguards provided for by the United States Supreme Court in Wolff. In analyzing the due-process requirements in inmate disciplinary proceedings, this court in Durbin v. Gilmore, 307 Ill.App.3d 337, 343, 240 Ill.Dec. 811, 718 N.E.2d 292, 297 (1999), stated:

"Due process requires only that the inmate receive (1) advance written notice of the disciplinary charges at least 24 hours prior to hearing; (2) when consistent with institutional safety and correctional goals, an opportunity to call witnesses and present documentary evidence in his defense; and (3) a written statement by the fact finder of the evidence relied on and the reasons for the disciplinary action. [Wolff, 418 U.S. at 564-66, 94 S.Ct. at 2979, 41 L.Ed.2d at 956]."

Defendants, however, maintain plaintiff failed to state a mandamus claim because he did not show he had a clear, legal right to receive procedural due process from the PRB. Instead, defendants argue Illinois statutes and regulations provide that if an inmate's good-conduct credits are revoked, then the inmate is entitled to due process before the prison adjustment committee not the PRB.

To determine the process due before an inmate's good-conduct credits can be revoked, we must look at the relevant statutes and regulations. Statutory construction is a matter of law, and appellate review is de novo. People v. Shanklin, 329 Ill.App.3d 1144, 1145,

264 Ill.Dec. 45, 769 N.E.2d 547, 548 (2002). The cardinal rule of statutory construction is to ascertain and give effect to the intent of the legislature. People v. Latona, 184 Ill.2d 260, 269, 234 Ill.Dec. 801, 703 N.E.2d 901, 906 (1998). The words of a statute are to be given their plain and commonly understood meanings. Krohe v. City of Bloomington, 329 Ill.App.3d 1133, 1135-36, 264 Ill.Dec. 49, 769 N.E.2d 551, 553 (2002). When the language of a statute is clear and unambiguous, it will be given effect without resort to the other tools of statutory construction. Segers v. Industrial Comm'n, 191 Ill.2d 421, 431, 247 Ill.Dec. 433, 732 N.E.2d 488, 494 (2000).

Initially, we set forth a summary of the entire inmate disciplinary process and the steps required before an inmate's good-conduct credits can be revoked.

"[I]f a correctional officer wishes to charge an inmate with a violation of DOC regulations, the officer prepares a disciplinary report describing the incident in question. An adjustment committee consisting of three members then reviews that report. The committee acts as a fact-finding body and also provides recommendations on how much good time an inmate should lose. The warden of the correctional center involved then reviews the adjustment committee's recommendation and forwards it to the Director of DOC for final approval. The Director can approve on his own the revocation of an inmate's good time of one month or less in a given calendar year. Any greater loss of good time must be submitted to the [PRB] for its review and final determination." In re M.S., 239 Ill.App.3d 938, 941, 179 Ill.Dec. 936, 606
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