Statute Annotations › Illinois › 20 Ill. Admin. Code § 504

20 Ill. Admin. Code § 504

Prison discipline and grievances (Department of Corrections): the cases that interpreted this section

Jurisdiction
Illinois
Case notes
4
Cited in passing
3
Citing cases indexed
10
Case dates
1990–2020
Screened through
2020-03-23
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

7 citing cases reviewed of 10 in the citation index: 4 interpreted the section (annotated below), 3 cited it only in passing. Cases filed after 2020-03-23 may not have been reviewed yet.

Have a situation under 20 Ill. Admin. Code § 504?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Applicability to disciplinary inmate actions

Section 504's disciplinary procedures apply to inmate actions that are disciplinary in nature, not to a non-disciplinary work transfer.

Wallace v. Merle D. Robinson, Zenon Symanski, Michael O'leary, and Michael P. Lane · filed 1990-09-26

Since Wallace’s transfer was not disciplinary in nature, the transfer does not invoke those Illinois statutory and regulatory protections, Ill.Ann.Stat. ch. 38, 111003-8-7(b)(2), Ill. Admin. Code tit. 20, § 504 (1985), that are triggered by disciplinary actions. Instead, we apply those code and regulatory provisions, Ill.Ann.Stat. ch. 38, ¶[¶ 1003-12-1 and 1003-12-2, III.Admin. Code tit. 20, § 420.30 (1985), that govern prison employment more generally.
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Prison discipline for insolence toward guards

Section 504's insolence rule covers harassing, annoying, or disrespectful inmate behavior, including unrelated baseless accusations of sexual misconduct, and may constitutionally be enforced.

Hale, Gregory v. Scott, Augustus · filed 2004-06-14

After the prison investigated the rumor and found it to be baseless, Hale was punished for violating a prison regulation that forbids “insolence,” defined as “talking, touching, gesturing or other behavior that harasses, annoys, or shows disrespect.” Ill. Admin. Code tit. 20, § 504, App. A. ... Prison regulations that forbid inmates to behave insolently toward guards are constitutional irrespective of New York Times v. Sullivan. ... Accusations of sexual misconduct unrelated to the accusing inmate’s legitimate concerns (Hale was not, for example, accusing Drone of sexual harassment of him) are species of such insolence.
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Definition of prisoner insolence

Section 504, appendix A, defines prisoner insolence to include talking, touching, gesturing, or other behavior that harasses, annoys, or shows disrespect.

Morris v. Nelson · filed 2020-03-23

State regulations define prisoner insolence as “talking, touching, gesturing or other behavior that harasses, annoys or shows disrespect.” Ill. Admin. Code tit. 20, § 504 App. A. While Morris may quibble with the precise words that were said, there is no real dispute about whether he spoke disrespectfully to Nelson. Under such circumstances, his retaliation claim fails as a matter of law.
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Frivolous filings as a disciplinary offense

The regulation's wording suggests that a prisoner may be punished for a frivolous filing only when the court's finding is made in accordance with the statutory definitions of frivolousness.

Eichwedel v. Curry · filed 2012-08-29

Notably, the regulation implementing 730 ILCS 5/3-6-3(d) ... sets out the following offense: “A pleading, motion, or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.” ... The “in accordance with” clause comes in the middle of “the court . . . has found,” which suggests, at the very least, that the court must invoke and apply one of the definitions in 730 ILCS 5/3-6-3(d) before a prisoner may be punished for violating this disciplinary rule.
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3 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

Lekas, Christopher v. Briley, Kenneth, the court cites § 504 while recounting the disciplinary charge against Lekas. It did not construe or decide the statute’s meaning or application, and it expressly did not reach whether the administrative process complied with constitutional standards. opinion →
Lekas v. Briley, the opinion cites § 504, Table A, to describe the alleged disciplinary rule in the factual background; it does not construe or apply the statute. A footnote also merely reports an alleged Rule 850 violation, and the court expressly does not reach the administrative process. opinion →
Shaw v. Williams, the opinion cites §§ 504.800–70 only while recounting the procedures governing IDOC grievances in the factual and procedural-history discussion. The court’s exhaustion ruling addressed the PLRA and whether the grievance process was available, without construing or deciding what 20 Ill. Admin. Code § 504 means or requires. opinion →

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