Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Illinois » 4th District Appellate » 2003 » Ashley v. Pierson
Ashley v. Pierson
State: Illinois
Court: 4th District Appellate
Docket No: 4-02-0377 Rel
Case Date: 06/17/2003

NO. 4-02-0377

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT


HOWARD VINCENT ASHLEY, ) Appeal from
                  Plaintiff-Appellant, ) Circuit Court of
                  v. ) Sangamon County
MARK A. PIERSON, Warden, Henry Hill ) No. 01MR571
Correctional Center and DONALD N. )
SNYDER, JR., Director, ) Honorable
                  Defendants-Appellees. ) Donald M. Cadagin,
) Judge Presiding.

 


JUSTICE STEIGMANN delivered the opinion of the court: In October 2001, plaintiff, Howard Vincent Ashley,filed a petition for writ of mandamus, alleging that defendants,Mark A. Pierson, warden of Henry Hill Correctional Center, andDonald N. Snyder, Jr., the Director of the Illinois Department ofCorrections (DOC), failed to perform certain ministerial dutiesduring May 1998 and March 1999 disciplinary proceedings. InDecember 2001, Pierson and Snyder filed a motion to dismissAshley's petition, and the trial court later granted that motion. Ashley appeals, and we affirm.

I. BACKGROUND

On May 6, 1998, DOC cited Ashley, who was then aninmate at Danville Correctional Center (Danville), in an inmatedisciplinary report (IDR). The IDR indicated that when two DOCofficers interviewed Ashley regarding a report that he hadthreatened his cell mate, Ashley admitted making threateningcomments while on his wing and in his cell but denied directingany comments toward his cell mate. Ashley also admitted that hetold his cell mate "[g]o on and tell[,] they ain't going to donothing but move your punk ass[.] I know how it go [sic] aroundhere." The IDR charged Ashley with violating the DOC ruleagainst intimidating or threatening other inmates (DOC Rule 206). Later that same day, a DOC officer served Ashley with the IDR.

On May 8, 1998, an adjustment committee (committee)conducted a disciplinary hearing on the charge alleged againstAshley. He appeared at the hearing, pleaded not guilty, anddenied threatening his cell mate. However, Ashley admitted that(1) he and his cell mate had a history of arguing over religion;and (2) he had had seven different cell mates in the previousfive months. The committee found Ashley guilty and recommendedthe following disciplinary action: (1) revocation of six monthsof Ashley's good-time credits; (2) imposition of six months ofdisciplinary segregation; and (3) six months' demotion to C-gradestatus. The committee also recommended that Ashley be transferred to another correctional facility. The chief administrative officer later affirmed the committee's guilty finding butreduced the discipline to revocation of one month of good-timecredits, imposition of two months of segregation, and six months'demotion to C-grade status.

Following his transfer to the Centralia CorrectionalCenter, Ashley filed a grievance, alleging that (1) he did notadmit threatening his cell mate; (2) a Danville correctionalofficer named Smalls had convinced Ashley's cell mate to fabricate a report of threats; and (3) an inmate named Titus McCaacould testify that he heard Smalls coaching Ashley's cell mate. (The record does not indicate the dates on which these eventsoccurred.)

On September 9, 1998, the administrative review board(board) heard Ashley's grievance. The board recommended that (1)the IDR be remanded to Danville "to be rewritten to substantiatethe charges, reserved[,] and reheard within the appropriate timeframes"; and (2) "[t]he requested information *** be forwarded tothe [DOC] Director's office within 20 days of the receipt of thisreport." The then DOC Director approved the board's recommendation.

On March 18, 1999, a DOC correctional officer servedAshley with a new IDR for the May 6, 1998, incident. The IDR wassubstantially the same as the original IDR in terms of thedescription of the May 6, 1998, incident. In addition, the newIDR indicated that (1) between late December 1997 and May 6,1998, Ashley had seven different cell mates; and (2) a correctional officer assigned to Ashley's former wing stated that everyinmate who had been placed with Ashley "ended up scared to cellwith Ashley and in a hurry to move." The new IDR charged Ashleywith violating the DOC rule against intimidating or threateningother inmates (DOC Rule 206). After being served with the newIDR, Ashley requested that the committee consider calling onewitness, an inmate named Titus McCaa.

On March 22, 1999, the committee conducted a disciplinary hearing on the charge against Ashley, who appeared at thehearing, pleaded not guilty, and presented a written statement tothe committee. Ashley also requested that the committee callMcCaa and Smalls as witnesses. The committee summary indicatesthat Smalls was not called because he no longer worked for DOCand McCaa was not called because the committee was "unable tocontact" him. The committee found Ashley guilty and recommendedthe following disciplinary action: (1) revocation of six monthsof Ashley's good-time credits; (2) imposition of six months ofdisciplinary segregation; and (3) six months' demotion to C-gradestatus. The committee also recommended that Ashley be transferred to another correctional facility. The chief administrative officer later affirmed the committee's guilty finding butreduced the discipline to revocation of one month of good-timecredits, imposition of two months of segregation, and six months'demotion to C-grade status.

In an August 17, 1999, letter to Ashley, the boardindicated that it was satisfied with the committee's findings onremand and, thus, recommended denying Ashley's grievance regarding the May 6, 1998, incident. The letter also indicated thatSnyder approved the board's recommendation.

On October 17, 2001, Ashley filed a petition for writof mandamus, alleging that Pierson and Snyder had failed toperform the following ministerial duties: (1) adhere to the timeframe for rehearings on remand from the board, as required bysection 504.90(b)(2) of Title 20 of the Illinois AdministrativeCode (20 Ill. Adm. Code

Illinois Law

Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
    > Minimum Wage in Illinois
Illinois Agencies
    > Illinois DMV

Comments

Tips