Caruth v. Quinley

State: Illinois

Court: 4th District Appellate

Docket No: 4-00-0960 Rel

Case Date: 08/14/2002

NO. 4-00-0960

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

JAMES C. CARUTH,	)	Appeal from
Plaintiff-Appellant,	)	Circuit Court of
v.	)	Livingston County
TAMELA QUINLEY and JERRY D. GILMORE,	)	No. 00MR51
Defendants-Appellees.	)
	)	Honorable
	)	Harold J. Frobish,
	)	Judge Presiding.

JUSTICE STEIGMANN delivered the opinion of the court:

In May 2000, plaintiff, James C. Caruth, an inmate atTamms Correctional Center (Tamms), filed a petition for a writ ofmandamus, in which he (1) alleged that disciplinary proceedingsat Pontiac Correctional Center (Pontiac) were held in violationof the applicable Department of Corrections (DOC) administrativeguidelines, and (2) requested that the trial court compel defendants, Tamela Quinley, chairman of the DOC adjustment committee,and Jerry D. Gilmore, chief administrative officer at Pontiac, toexpunge his disciplinary record and restore to him certainbenefits and credits that had been revoked as a result of thoseproceedings.

Defendants filed a motion to dismiss plaintiff'spetition, and in September 2000, the trial court granted thatmotion following a hearing conducted by telephone conference callwith plaintiff's counsel and defendants' attorney. The courtlater dismissed plaintiff's motion for reconsideration.

Plaintiff appeals, arguing that the trial court abusedits discretion by dismissing his mandamus petition. We affirm.

I. BACKGROUND

The record shows that following adjustment committeehearings under Title 20, section 504.80, of the Illinois Administrative Code (Administrative Code) (20 Ill. Adm. Code