Armato v. Grounds
| Decision Date | 01 May 2013 |
| Docket Number | No. 11–cv–3023.,11–cv–3023. |
| Citation | 944 F.Supp.2d 627 |
| Parties | David ARMATO, Plaintiff, v. Randy GROUNDS, Michelle Littlejohn, Glenn Jackson, Dion Dixon, and Edward Huntley, all in their individual capacities, Defendants. |
| Court | U.S. District Court — Central District of Illinois |
OPINION TEXT STARTS HERE
Dennis J. DeCaro, Kupets & DeCaro, Chicago, IL, for Plaintiff.
Robert L. Fanning, Illinois Attorney General, Springfield, IL, for Defendants.
The Defendants' Motion for Summary Judgment is allowed for the following reasons.
Plaintiff David Armato is a sex offender from the Chicago metropolitan area. 1
Armato committed two theft offenses in Lake County, Illinois, in 2005—one on May 7, 2005, and the other on December 30, 2005. He was convicted of the crimes in two separate cases in the Circuit Court of Lake County (Case Nos. 05 CF 1661 & 05 CF 5015). On March 6, 2006, Armato was sentenced in each case to ten years imprisonment, to run concurrently. The sentencing judge did not impose any term of mandatory supervised release, and the judgments from each case state that “it is further ordered that Defendant shall receive credit for time served in the Lake County Jail and while awaiting transport to the Department of Corrections—Defendant shall receive good time credit as administeredby the Department of Corrections.”
When Armato was processed through the Illinois Department of Corrections' (IDOC) reception center, he was projected to be released on May 9, 2010. This release date was based on the understanding that Armato had entered custody on May 9, 2005.
In 2007, Armato arrived at Robinson Correctional Center, Robinson, Illinois. He was awarded good time credit during his time in IDOC, and his projected release date was recalculated.
In September 2009, Defendant Michelle Littlejohn—an office administration specialist and acting records office supervisor at Robinson—began reviewing Armato's paperwork in anticipation of Armato's release date of November 9, 2009. In doing so, she realized that the information regarding Armato's incarceration at the Lake County Jail was inaccurate, because it reflected that he had been incarcerated continuously since May 9, 2005, but he committed his second theft offense on December 30, 2005.
Littlejohn was unable to obtain complete information regarding jail credit because information had been lost by Lake County. Based solely on the information contained in the two criminal judgments from Lake County, Littlejohn recalculated Armato's sentence, and determined that his new release date would be September 6, 2010. Littlejohn informed Armato of these developments, and informed him that further recalculation could occur if the sentencing court issued new sentencing orders detailing the appropriate jail credit applicable.
On February 18, 2010, the Circuit Court of Lake County entered three documents related to Armato. A handwritten sentencing order was signed by Circuit Judge Theodore S. Potkonjak. The handwritten order was prepared by Assistant Public Defender C.P. Haran, and is captioned as an “Agreed Order.” In the handwritten order, the caption indicates that it applies to both of Armato's theft cases—Nos. 05 CF 5015 & 05 CF 1661. Below is the full text of the handwritten order:
It is hereby ordered that:
1) Mr. Armato shall receive credit on 05 CF 5015 & 05 CF 161 [ sic ] for 69 days for time in custody from 12/30/05 (date of offense of 05 CF 5015) through March 6, 2006. Defendant had not previously received this credit. (Defendant receives this in addition to original credit for time served[.] )
2) Mr. Armato was not admonished on the record regarding any term of Mandatory Supervised Release.
3) Mr. Armato's mittimus shall be amended to include the additional 69 days credit in paragraph (1) and NO term of Mandatory Supervised Release.
4) Mr. Armato shall be released from the Department of Corrections, without a term of MSR, on Friday, May 28, 2010.
In addition, the Court entered a new typewritten judgment in each of Armato's cases, each of which stated the following: “It is further ordered that [W]ith credit for 373 days served in the Lake County Jail—credit for time awaiting transport to the Department of Corrections—good time administered by the Department of Corrections—def to be released from the Department of Corrections without a term of Mandatory Supervised Release.”
On February 22, 2010, Littlejohn received materials from the Circuit Court of Lake County, recalculated the sentence, and determined that, with the credits given by the Circuit Court, Armato's release date was August 23, 2009.
Littlejohn was concerned with the Circuit Court's statement that no term of mandatory supervised release (MSR) was imposed. Littlejohn contacted the Assistant State's Attorney who handled the case, and Littlejohn was informed that the Judge had indeed intended that no term of MSR be imposed.
Under Littlejohn's understanding of Illinois penal law, the imposition of MSR in Armato's case was mandatory. Littlejohn raised her concerns regarding Armato with IDOC colleagues, and by the end of February 23, 2010, the following individuals had been made aware of the situation: Defendant Glenn Jackson, Chief Records Officer at IDOC Headquarters; Defendant Edward Huntley, Chief Counsel and Special Litigation Counsel at IDOC Headquarters; another attorney at IDOC Headquarters; an attorney for Illlinois Prisoner Review board (PRB); and the coordinator for sex offender services at IDOC Headquarters.
It was determined that Armato was not eligible to be civilly committed as a sexually violent person.
The Defendants and other state employees expressed concerns with the sentence imposed by the resentencing judge. Like Littlejohn, there was a belief that the imposition of MSR was mandatory in Armato's case. An attorney at IDOC headquarters wrote the following in a group email:
However, there were concerns that if Armato was subject to MSR, he could not be released from the institution. As a sex offender, there are strict conditions associated with being released under MSR. The principal concern was that he would be subject to electronic monitoring, and, as a consequence, would have to find a suitable host location approved by IDOC. Efforts were made to find a suitable host location, but they were fruitless.
Littlejohn determined that with the credits granted on the two typewritten judgments entered February 18, 2010, Armato's release date was August 23, 2009, and as a result was subject to release.2 However, the officials determined that Armato was subject to MSR by operation of law, notwithstanding the order entered by the sentencing judge. They further determined that although Armato was subject to release, he could not be released because he did not have a suitable host location.
Jackson informed Littlejohn that the appropriate course was to technically release Armato, but to “violate him at the door.” 3
On February 23, 2010, Armato was violated at the door for failing to secure an appropriate host site for electronic monitoring. Defendant Dion Dixon, Supervisor of the Sex Offender Unit, Parole Division, Robinson Correctional Center, prepared the violation report and notice of charges regarding Armato. However, Dixon was not aware that no term of MSR had been imposed by the Circuit Court of Lake County.
Attorneys for IDOC referred the matter to the Office of the Attorney General, so that the sentencing orders could be challenged and eventually amended to provide a term of MSR. Huntley had a number of conversations with the Office, trying to persuade them to pursue relief on behalf of IDOC.4 The Office of the Attorney General did not immediately make a decision regarding getting involved in the case.
On March 9, 2010, Armato submitted an emergency grievance regarding his continued detention. The emergency grievance was reviewed by Defendant Randy Grounds, Warden of Robinson Correctional Center. Emergency grievances are reviewed by the Warden, but are limited to situations involving health, injuries, or medical treatment. Grounds determined that Armato's grievance was not an emergency, and denied the grievance. Armato was authorized to pursue a regular grievance through normal channels.
Armato filed a regular grievance later in March 2010. The grievance officer stated that the issue could not be resolved at the institutional level, and that a decision would have to be resolved by IDOC's Administrative Review Board. Grounds concurred in the grievance officer's recommendation.
In April 2010, Armato had a hearing before the Prisoner Review Board, and the Board determined that Armato had not violated MSR. However, IDOC officials again violated Armato at the door in late April, keeping him in custody.
During the spring of 2010, IDOC employees were waiting to hear whether the Office of the Attorney General was going to pursue the MSR issue in the Circuit Court of Lake County.
On May 21, 2010, Huntley sent the following email to Jackson:
Glenn, the AG's Office has declined to pursue a request to the court that the sentencing orders be modified or otherwise move for leave to intervene on behalf of the Department in this case. That being so, I believe we have exhausted the potential alternatives and will have to let Armato go as a discharge. I suppose we should show it as a court-ordered discharge as that is exactly what it is. Let me know if you need anything further. Thanks.
Armato was released on May 21, 2010, without a term of MSR.
This action was initiated on January 24, 2011. The action was brought under 42 U.S.C. § 1983, and the Plaintiff alleged that his rights under the Eighth and Fourteenth Amendments to the Constitution were violated. In addition, he brought an Illinois state law claim of false imprisonment under ...
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