Legal Opinion

Byrd v. State

Court of Claims of Illinois

Decided December 3, 1997No. 97-CC-3039Published

1Opinion of the Court

OPINION

Sommer, C.J.

This claim arises on the Respondents motion to dismiss or, in the alternative, motion for summary judgment.

The Claimant is an inmate who seeks damages due to personal injuiy.

The Respondents motion states that the Claimant did not exhaust his remedies, as required by section 25 of the Court of Claims Act (705ILCS 505/25), as he filed no grievance with the prison authorities or the Department of Corrections. See McCormick v. State (1992), 44 Ill. Ct. Cl. 326.

The Claimant argues that to grieve his claim would be useless, as the Department of Corrections does not grant awards…

2Cases cited2 opinions

  1. Tunk v. StateCourt of Claims of Illinois · 1988
  2. McCormick v. StateCourt of Claims of Illinois · 1992

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