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Sheriffs lose appeal over prison transfers

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Illinois

In July 2020, plaintiffs, Illinois county sheriffs, filed an amended complaint seeking a writ of mandamus against defendants, state officials sued in their official capacities, to compel the Illinois Department of Corrections (DOC) to accept all transfers of prisoners to its custody pursuant to several provisions of the Unified Code of Corrections. Plaintiffs also filed a renewed motion for a preliminary injunction requiring defendants to accept inmates to DOC pursuant to the Code. Plaintiffs contended the Governor, through Executive Order 2020-13, lacked the discretionary authority to limit transfers of convicted offenders during a public health crisis. Subsequently, defendants responded to plaintiffs’ motions stating, in relevant part, plaintiffs failed to establish a prima facie case for a preliminary injunction where the Governor acted within his authority under the Illinois Emergency Management Agency Act. Specifically, defendants pointed to Executive Order 2020-50, which rescinded Executive Order 2020-13 and required DOC to resume accepting transfers from county jails, subject to an intake process designed to ensure health and safety of transferees and DOC staff.

In August 2020, the circuit court entered a preliminary injunction requiring DOC to immediately begin accepting transfers of “all inmates” who would normally be sent to DOC pursuant to the Code, without including any protocols to prevent the spread of Coronavirus Disease 2019 (COVID-19). Defendants filed a notice of interlocutory appeal, challenging the preliminary injunction.

On appeal, defendants argue (1) this court should vacate the preliminary injunction requiring DOC to accept all transfers of inmates from all county jails in Illinois without regard for the health screening measures put in place by the Governor and DOC because (a) the circuit court committed legal error regarding the Governor’s emergency powers under the Act, (b) plaintiffs failed to show that they would suffer irreparable injury without an injunction, and (c) the balance of hardships weighed heavily against the injunction and (2) in the alternative, the circuit court’s statewide injunction is overbroad. We vacate and remand for further proceedings.

posted by Rich Miller
Monday, Nov 16, 20 @ 3:29 pm

Comments

The Governor’s track record in court is rather impressive. And of course his legal team deserves credit

Comment by DuPage Saint Monday, Nov 16, 20 @ 3:46 pm
This headline is misleading. They didn’t “lose the appeal”. The preliminary injunction was vacated and the case was sent back to the circuit court. It’s not over.

Comment by Lawman18 Monday, Nov 16, 20 @ 4:06 pm
The appeal was about the preliminary injunction, so yes, they lost the appeal.

Comment by Anonymous Monday, Nov 16, 20 @ 4:17 pm
Holder-white, steigmann and turner. Reversed because they could not establish a likelihood of success as to the law. Door slamming shut.

Comment by G falkes Monday, Nov 16, 20 @ 4:47 pm
thank for the information this article

Comment by techyhigher Tuesday, Nov 17, 20 @ 6:43 am