Legal Opinion

Petrusak v. State

Court of Claims of Illinois

Decided May 14, 1987No. 83-CC-2545PublishedCited by 7 opinions

1Opinion of the CourtMontana, C.J.

Paul Petrusak, a former inmate at the Pontiac Correctional Center, brought this action sounding in tort for personal injuries received in a stabbing incident while he was incarcerated. A hearing was held by Commissioner John Simpson, briefs were filed, and the Commissioner filed his report. This is a serious matter and the Court has given it careful consideration.

The State is not an insurer as to the safety of an inmate in its custody. It does however have a duty to exercise reasonable care under the circumstances to prevent its inmates from suffering harm at the hands of other inmates. What…

2Cases cited5 opinions

  1. Carev v. StateCourt of Claims of Illinois · 1981
  2. Dorsey v. StateCourt of Claims of Illinois · 1977
  3. Woodfork v. StateCourt of Claims of Illinois · 1983
  4. Allen v. StateCourt of Claims of Illinois · 1979
  5. Skaj v. StateCourt of Claims of Illinois · 1982

3Cited by7 opinions

  1. Phipps v. StateCourt of Claims of Illinois · 1991
  2. Hayes v. StateCourt of Claims of Illinois · 1994
  3. White v. StateCourt of Claims of Illinois · 1989
  4. Askew v. StateCourt of Claims of Illinois · 1995
  5. Berry v. StateCourt of Claims of Illinois · 2000

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