Briggs v. Walker

State: Illinois

Court: 4th District Appellate

Docket No: 4-06-0454 Rel

Case Date: 09/05/2007

Preview:NO. 4-06-0454 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT ISAAC BRIGGS, a/k/a JOSEF DUPREE, Plaintiff-Appellant, v. ROGER E. WALKER, JR., Director, Illinois Department of Corrections, Defendant-Appellee.

Filed 9/5/07

) Appeal from ) Circuit Court of ) Sangamon County ) No. 06MR47 ) ) Honorable ) Patrick J. Londrigan, ) Judge Presiding. __________________________________________________________________ JUSTICE COOK delivered the opinion of the court: In 2002, plaintiff, Isaac Briggs, was convicted of aggravated kidnapping (720 ILCS 5/10-2(a)(7) (West 2002)) while armed with a firearm, a Class X felony, and Briggs is currently serving a 10-year sentence in a medium-security facility. 2005, Briggs requested that he be transferred to a minimumsecurity facility and be allowed to participate in a work and day release program offered by the minimum-security facility. Briggs' request was denied. In January 2006, Briggs filed a pro In

se motion for a preliminary injunction (735 ILCS 5/11-102 (West 2006)), requesting that the trial court compel the Illinois Department of Corrections (IDOC) to transfer Briggs to the minimum-security facility and allow Briggs to participate in the work and day release program. The trial court held a telephone Defendant

hearing, denied the motion, and dismissed the case. appeals. We dismiss for lack of jurisdiction.

I. BACKGROUND Briggs is currently serving a 10-year sentence for aggravated kidnapping (with a firearm) at Pickneyville Correctional Center (Pickneyville), which is a medium-security facility. Pickneyville has a policy that an inmate may request Pickneyville also

consideration for a transfer after six months.

has a policy that an inmate may request work release if he is "eligible." IDOC's rules provide that an inmate is "eligible"

for work release if the inmate is not serving a sentence for kidnapping, aggravated kidnapping, or any Class X felony. Ill. Adm. Code

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