SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Quinn to appeal injunction

Thursday, Oct 11, 2012

* This preliminary injunction is basically just replaces the judge’s temporary restraining order. It’s not really all that new

An Alexander County judge sided with the state’s largest employee union Wednesday, blocking Gov. Pat Quinn from closing prisons, halfway houses and youth detention facilities.

Associate Circuit Court Judge Charles Cavaness issued an injunction that keeps a hold on the closure of prisons in Dwight and Tamms, a youth facility in Murphysboro and adult transition centers in Decatur and Carbondale.

Quinn, who wants to close the facilities as part of a budget-cutting plan he outlined in February, could appeal the decision or await action on budget-related issues by the General Assembly when lawmakers convene in late November for the fall veto session.

The American Federation of State, County and Municipal Employees Council 31 argued that moving violent inmates out of Tamms and into an already crowded prison system could endanger prison employees.

* But Gov. Pat Quinn plans to appeal

Quinn spokesman Abdon Pallasch said delaying the closures, most of which were scheduled for Aug. 31, is costing the state $7 million a month it doesn’t have. Pallasch said the administration plans to appeal the ruling to the Illinois Supreme Court.

Cavaness agreed with AFSCME’s argument that Quinn’s changes, such as closing Tamms and transferring highly troublesome inmates to the maximum-security prison at Pontiac, are so drastic they require adjustments to contractual working conditions. Particularly in a prison system designed for 33,700 inmates but holding more than 49,000.

In the order, Cavaness again agreed that AFSMCE had shown the closures “have the potential to make the prisons that remain more dangerous for employees.” He had made that statement a month ago when he issued a temporary prohibition on closures. Quinn appealed that decision to a state appellate court but lost and that appeal remains before the Supreme Court.

That action resulted from an independent arbitrator’s ruling in late August that Quinn had violated the AFSCME contract by not negotiating the impact of the closures on working conditions.

- Posted by Rich Miller        


22 Comments
  1. - soccermom - Thursday, Oct 11, 12 @ 9:51 am:

    Quinn Spokesman Abdon Pallasch! Woot!


  2. - Oswego Willy - Thursday, Oct 11, 12 @ 10:04 am:

    This Just In: Lawyers making more money!

    The one thing we know for sure is that this is far from being done, and everyone, (and thus far it has only been ‘Quinn’) will appeal this till the bitter end.


  3. - The Corporate Way - Thursday, Oct 11, 12 @ 10:20 am:

    Where are the Republicans on this? Against tax increases. Are they for keeping facilities open? How do they reconcile this?


  4. - The Corporate Way - Thursday, Oct 11, 12 @ 10:21 am:

    Why are there no reporters astute enough to press them on these questions?


  5. - walkinfool - Thursday, Oct 11, 12 @ 10:42 am:

    While Quinn fights with his unions, and tries to actually rein in spending, the Repubs just stand back and let him flap in the wind. The same with proposed pension changes.

    They’ve a long history of complaining about spending, but not helping, even with their own proposals, as a path to election victories.

    It’s not working for us at any level.


  6. - Dan Johnson - Thursday, Oct 11, 12 @ 10:42 am:

    Isn’t this evidence that we have way too many people in prison?

    Isn’t something like a third of all our inmates non-violent drug offenders?

    Shouldn’t we put them on probation or get them treatment or something cheaper?


  7. - Louis G. Atsaves - Thursday, Oct 11, 12 @ 10:45 am:

    I understand the cost savings that closing prisons brings. What I don’t understand is if prisons are already overcrowded, and the State has an obligation to protect its citizens from those who commit crimes, then closing additional prisons will lead to (1) more overcrowding, forcing earlier releases, and (2) putting bad guys on the streets with little or no punishment or opportunity to learn that crime does not pay?

    Doesn’t this make the cost to society higher than the cost of keeping these prisons operating?


  8. - Dan Bureaucrat - Thursday, Oct 11, 12 @ 11:14 am:

    Murphysboro has full staff and no inmates. But the full staff reports to work, and are transported by van to other nearby facilities, being paid for out of the DJJ budget.

    Tamms is 2/3 empty and fully staffed. They no longer have a mental health unit. There are 139 men in the supermax, and 25 who have been identified as needing extra security precautions.

    Pontiac is an all-segregation maximum security prison that used to house death-row prisoners. It is at 96% capacity.


  9. - bartelby - Thursday, Oct 11, 12 @ 11:34 am:

    The case that AFSCME is making is patently false — all the published research indicates that supermax prisons have no impact on aggregate levels of prison violence. If the judge in Alexander County is making his decision based upon facts (and not upon local politics), then who is giving him his information? I fear that his only concern is re-election, or satisfying local politicians.


  10. - Dan Bureaucrat - Thursday, Oct 11, 12 @ 11:43 am:

    Louis,

    Good questions but actually no:
    1. Putting people with low-level crimes in prison, which is most of IDOC, actually increases the risk of future recidivism vs alternatives like probation or community supervision. That’s because people lose jobs, homes, family and go on a downward path, and also don’t have the root problem addressed.

    2. Tamms will not contribute to overcrowding b/c there are only 139 men in the supermax. They are mostly going to Pontiac which is not overcrowded.

    3. If they could close the prison, they could bring that enormous staff over to other prisons that need staff because they have chronic unfilled openings. That makes crowded prisons safer.

    Note: Taxpayers pay $46 million per year in overtime for open corrections positions–year after year. Am I the only one shocked by that?


  11. - Tired - Thursday, Oct 11, 12 @ 12:11 pm:

    If thats true then why have staff assaults gone uo since the Tamms were made- why are people sleeping on cots and floors if the places arent overcrowded-
    places half empty are therir fault for not doing things right to begin wiht


  12. - Crime Fighter - Thursday, Oct 11, 12 @ 12:13 pm:

    Why can’t Quinn accomplish restaffing and closure if he followed the contractual process and the law?
    His administration seems use press releases and rule breaking before it properly follows any process. This ranges from health insurance contract bodding to prison closures… transparently unethical.


  13. - bartelby - Thursday, Oct 11, 12 @ 12:34 pm:

    Dear Tired: Staff assaults have actually gone down since the Tamms announcement has been made. (What has gone up in AFSCME exaggeration.) But in fact, any small change up or down in assaults is just statistical noise in a system with almost 50,000 prisoners.


  14. - Alan Mills - Thursday, Oct 11, 12 @ 2:19 pm:

    The judge made his ruling without hearing any evidence at all from the prisoners at Tamms. The Uptown People’s Law Center filed a motion to intervene, so that their evidence could be presented to the court, but that motion was denied, both at the temporary restraining order phase, and on the preliminary injunction.

    The judge, in finding for AFSCME, found that keeping Tamms open would not violate any well established public policy. However, his ruling makes no mention (because he refused to hear any evidence on the question) of the harm being done to prisoners who are being kept in total isolation, despite the fact that the Department has now determined that this continued torture furthers no legitimate penological purpose. As a result, these men are yet being used as pawns, in the chess match being played by AFSCME and the State, without being accorded any opportunity to defend themselves, or present evidence to the Court.

    This is not due process. This is not the way justice is supposed to work.


  15. - lincolnlover - Thursday, Oct 11, 12 @ 2:27 pm:

    If it is costing the state $7 million a month that the state doesn’t have to keep these prisons open, how can they use the “savings” to restore funding cuts to at-risk child programs, as the Governor has often said he wants to do with the money? I am so confused, can anyone explain this to me?


  16. - Demoralized - Thursday, Oct 11, 12 @ 2:38 pm:

    ==Why can’t Quinn accomplish restaffing and closure if he followed the contractual process and the law?==

    That’s just an absurd statement. AFSCME says the closures have to be bargained. They’ve said no closures. Don’t you think the state at some point has the right to actually MANAGE some things? AFSCME has gotten totally out of control and the looney judges in this state are backing them up. We have become a government that has to ask AFSCME’s permission to do anything. Ridiculous!!!


  17. - Demoralized - Thursday, Oct 11, 12 @ 2:40 pm:

    @lincolnlover:

    They can’t. That amount will dwindle with each passing month if they are doing a dollar for dollar trade-off.


  18. - Crime Fighter - Thursday, Oct 11, 12 @ 3:29 pm:

    @ Demoralized: ==That’s just an absurd statement.==
    ? = question. You’re response shows that you are the master of the absurd.
    There’s obviously a question. Maybe you could provide a real answer since you seem to be an expert at union matters and the contract. You should have filed a brief and straightened everything out. - thank goodness not everyone is as sane and rational as you. - geesh!


  19. - Anonymous - Thursday, Oct 11, 12 @ 3:34 pm:

    Quinn is such a putz!! If he will get over himself he might better serve the people of this state !!


  20. - Demoralized - Thursday, Oct 11, 12 @ 3:55 pm:

    @Crime Fighter:

    I answered your question. Your question itself is ridiculous. And, yes, I do know quite a bit about the union contract since I deal with it. The state has given up too much control to the union. Judges have expanded that control by essentially siding with the union every time the state attempts to actually manage the government by telling the state they have to get AFSCME’s permission first. I can’t help it if you are too ignorant to understand.


  21. - Demoralized - Thursday, Oct 11, 12 @ 4:01 pm:

    @Crime Fighter:

    Stated more simply, the judge has effectively made it impossible for the state to do what you say. He said its a change in working conditions that has to be bargained on the one hand, while on the other hand stating that the change in working conditions is too dangerous to allow the closures. So . . . follow the contract, but even if you do you can’t close the prisons.


  22. - Anonymous - Thursday, Oct 11, 12 @ 7:26 pm:

    Demoralized , your boss getting bad press is he ?


Sorry, comments for this post are now closed.


* $3 million in one pop from Rauner
* Reader comments closed for the weekend
* SUBSCRIBERS ONLY - State House fundraising report
* *** UPDATED x1 *** Has the haymaker punch arrived?
* SUBSCRIBERS ONLY - State Senate fundraising report
* Third straight poll shows Rauner leading Quinn
* Last call for tickets!
* Vast Majority of Illinois Voters Support Renewable Energy, Energy Efficiency
* Sun-Times reporters want you to sign their petition
* Same song, different century
* Question of the day
* Quinn finally wins a newspaper endorsement!
* SUBSCRIBERS ONLY - Today's cable TV buy report
* SUBSCRIBERS ONLY - Supplement to today’s edition: Crosstabs, TV ads
* Report: Another tie between Rauner and CS-T chairman
* Bost's "anger," Cook's ratings, Foster's ad
* $580 MILLION EXELON RATE HIKE?? That’s the price tag for their nuke bailout…EVERY YEAR!
* *** UPDATED x1 *** Rauner pumping dollars
* Rauner pushing IDOT back into the news stream
* Gov. Quinn runs new TV ad featuring FLOTUS
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* No, your eyes didn't deceive you
* Good morning!
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * LG G3 – After The Buzz, Episode 39
        * CVS disables NFC terminals, stops accepting Apple Pay, Google Wallet
        * CurrentC Is The Big Retailers’ Clunky Attempt To Kill Apple Pay And Credit Card Fees
        * Google Nexus 9, Nexus 6, iPad Air 2 comments & more – Pocketnow Daily Recap
        * Android Lollipop imminent, new Nexuses nearing, no more Nokia | Pocketnow Weekly 119
        * U.K. Startup Swytch Is Building An App To Open Up The ‘Burner’ Phone Number Market
        * Lockdown Pro allows selectively locking almost any app

        * Droid Turbo Retail Packing Leaked, Turbo Charger Included
        * Tech21 Classic Shell iPhone 6 Case Review
        * Bing is Going to Help You Figure This Election Stuff Out This Year
        * Whisper Suspends Some Editorial Staff Following Guardian Report
        * T-Mobile’s Legere Launches Twitter Storm to Talk Apple SIM (And Poke Rivals)
        * This Week's Top Downloads
        * The Most Germ-Infested Item in the Office Might Be the Coffee Pot

        * World Series Game 4: Notes and discussion
        * A 15-GIF salute to Moises Sierra's White Sox career
        * Konerko caps stellar career with Clemente Award
        * Konerko caps stellar career with Clemente Award
        * World Series Game 3: Notes and discussion
        * Rollins, Konerko named co-winners of Clemente Award
        * Alexei Ramirez and Adam Eaton Gold Glove finalists, but maybe not f...


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Quarantined for Ebola: US nurse says 'made to f.....
        * 10,000 contracted Ebola in West Africa, WHO rep.....
        * New York Ebola Patient Has Gastrointestinal Sym.....
        * U.S. nurse quarantined over Ebola calls treatme.....
        * Ranting And Throwing Papers: An Angry Candidate.....
        * US nurse angry over Ebola quarantine..
        * More Minimum Wage Sparring..


        * Few details offered on quarantines over Ebola
        * Across US, Dems enlist Latinas for top of ballot
        * State Farm seeks to test drones in Illinois
        * Costly Capitol renovations recognized for design
        * Chicago Fire Department hired few blacks in 2014
        * Illinois lieutenant governor candidates on issues
        * Illinois lieutenant governor candidates bios
        * Lieutenant governor picks hope to help lead
        * Chicago Fire Department hired few blacks in 2014
        * Coroner's jury: July SWAT shooting justified

        * Costly Capitol doorway renovations recognized for design
        * Statehouse Insider: Relax. It’s almost over
        * Bernard Schoenburg: Dillard, Sanguinetti push for GOP votes
        * Feminist Gloria Steinem endorses Quinn for governor
        * Madigan, Rauner spend big on Illinois House races
        * Officials rethink early vote-counting after Madigan ruling
        * Minimum wage increase supporters urge early voting
        * Sun-Times political reporter resigns following Rauner complaint
        * Minimum wage hike supporters urge early voting
        * Federal judge orders court-appointed monitor for IDOT hiring

        * Why the Chicago-Illinois tech startup partnership won't be easy
        * Republican hopes fade for a comeback in U.S. House races
        * Jennifer Pritzker talks about a year of change
        * How much money do Exelon's nukes really make?
        * Shopping startup Trunk Club sizes up the women's market


        * Keep it peaceful in Ferguson, Mo.
        * Why wasn’t Ebola doc kept under scrutiny?
        * Enthusiastic student Stan Kij, 25, dies of stomach cancer
        * Judge rejects Pistorius comparison, gives 17-year sentence in murder-for-hire plot
        * Editorial: Bruce Rauner for governor
        * Back to the past with mayor’s move
        * Illinois needs better way to deal with terminally ill inmates
        * At panel on school closings, board acknowledges more planning needed
        * Marina City residents reminded to watch their step during Wallenda’s walk


        * 7 hurt in shootings Saturday
        * 2 charged in the shooting of an off-duty Chicago police officer
        * 2 held after boy, 13, fatally shot in Gary
        * Man charged with failing to reveal he had HIV to partner
        * Man charged with possession of child porn
        * Man held on $1M bail in August slaying on South Side
        * $500K bail for man accused of taking semi, critically injuring cyclist
        * 1st phase of $719 million Tri-State, I-57 interchange opens
        * $1M bail for teen charged in fatal Englewood shooting
        * 2 dead, 8 hurt in shootings Friday into Saturday


        * Listen to State Week - October 24, 2014
        * 2014 Election Coverage: Citizens, here's your homework!
        * 2 dead, including gunman, in high school shooting
        * Prosecutors want more of indicted police commander’s 'bad acts' in court
        * Prosecutors want more of indicted police commander's 'bad acts' in court
        * Bedrock 66: Charlie Parr Plays Springfield Friday
        * Oberweis Would Back Federal Same Sex Marriage Law
        * Wild Bison Return To IL
        * Scary Story: The Diviner by Susan Vondrak
        * Artist Profile: Local Troubadour Tom Irwin


        * Costly Capitol doorway renovations recognized for design
        * Donna Treadwell: Schools are killing the joy of reading
        * Funding for our furry friends
        * Our Opinion: Cautiously optimistic Bruce Rauner has clear economic vision for Illinois
        * Statehouse Insider: Relax. It’s almost over
        * Bernard Schoenburg: Dillard, Sanguinetti push for GOP votes
        * Dale Becker: Why giving back is good for business
        * Statehouse Insider: Relax. It’s almost over
        * Bernard Schoenburg: Dillard, Sanguinetti push for GOP votes
        * Michael Bromberg: Benedictine looking ahead at changes in higher ed


        * Hazy shade
        * Open Line
        * It’s Your Business
        * Crime Seen
        * Looking Back (Oct. 26, 2014)
        * SIU's College of Business ranks among the nation’s best
        * Jessica Gregory receives JALC scholarship
        * Nichole Heidemann receives JALC scholarship
        * Hospital hosts first aid course for girl scouts
        * Michelle Croissier receives JALC scholarship


        * Dold blasts Schneider after accusation about Lake Michigan oil drilling vote
        * Surprises in first-round DuPage County playoff matchups
        * Girls tennis: Saturday's results
        * Girls volleyball: Saturday's results
        * Girls cross country: Saturday's results

        * Patrick Cannon defense strategy rare but n...
        * Feds fine Jesse Jackson Jr.'s campaign com...
        * Ex-Congressman Jesse Jackson Jr. faces sen...
        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * U.S. House Passes Resolution Condemning An...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...

        * Senate Candidates On Veterans...
        * Senate Candidates On Veterans...
        * Senate Candidates On Veterans...
        * Senate Candidates On Veterans...
        * Senate Candidates On Veterans...

        * Sen. Mark Kirk helps introduce anti-cyberb......

        * Lower Than Expected Speed Camera Tickets Hurting City Budget
        * French Prankster Pokes Fun At Speed Cameras
        * A Nod is as Good as a Wink to a Blind Endorsement
        * Great School Tips You Require To Know About
        * The Weekend In Chicago Rock
        * Anatomy Of A Tribune Editorial
        * More Illinois voters report machine switching votes from Dem to GOP
        * More Illinois voters report machine switching votes from GOP to Dem
        * Clowns With Sex Toys Attacked Illinois Family
        * Oberweis: DOJ needs to investigate threats against Pastor Corey Brooks and his family


        * Governor Quinn Announces Major Expansion of Public Recreational Access at Lake Calumet - Project Will Be Centerpiece of Governor’s Millennium Reserve Initiative
        * Governor Quinn Welcomes Illinois National Guard Brigade Home from Kuwait - Illinois’ 108th Sustainment Brigade Returns from Deployment
        * Rauner rips Quinn on IDOT patronage oversight
        * Governor Quinn Announces Winners of 2014 Illinois Export Awards - State’s Trade Programs Help Companies Increase Global Sales
        * Governor Quinn Directs Illinois Department of Public Health to Require Quarantine to Protect Against Ebola




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller