{ "id": 1083897, "name": "WILLIAM CANNON, JR., Plaintiff-Appellant, v. TROY QUINLEY et al., Defendants-Appellees", "name_abbreviation": "Cannon v. Quinley", "decision_date": "2004-08-17", "docket_number": "No. 4\u201403\u20140940", "first_page": "1120", "last_page": "1135", "citations": [ { "type": "official", "cite": "351 Ill. App. 3d 1120" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "551 N.E.2d 731", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1990, "pin_cites": [ { "page": "737" }, { "page": "737" } ], "opinion_index": 0 }, { "cite": "194 Ill. App. 3d 855", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8499376 ], "weight": 2, "year": 1990, "pin_cites": [ { "page": "864" }, { "page": "864" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/194/0855-01" ] }, { "cite": "720 N.E.2d 326", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1999, "pin_cites": [ { "page": "328", "parenthetical": "\"Mandamus is an extraordinary remedy that may be used only to compel a public official or body to perform a ministerial duty in which the official exercises no discretion\"" }, { "page": "328" } ], "opinion_index": 0 }, { "cite": "308 Ill. App. 3d 255", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 261368 ], "weight": 2, "year": 1999, "pin_cites": [ { "page": "257", "parenthetical": "\"Mandamus is an extraordinary remedy that may be used only to compel a public official or body to perform a ministerial duty in which the official exercises no discretion\"" }, { "page": "257" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/308/0255-01" ] }, { "cite": "775 N.E.2d 224", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "pin_cites": [ { "page": "228" } ], "opinion_index": 0 }, { "cite": "333 Ill. App. 3d 94", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 487211 ], "year": 2002, "pin_cites": [ { "page": "99" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/333/0094-01" ] }, { "cite": "783 N.E.2d 1101", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2003, "pin_cites": [ { "page": "1104", "parenthetical": "an allegation of a due process rights violation states a cause of action in mandamus" }, { "page": "1104", "parenthetical": "an allegation of a violation of due process rights and DOC rules in a prison disciplinary proceeding states a cause of action in mandamus" } ], "opinion_index": 0 }, { "cite": "336 Ill. App. 3d 567", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1599233 ], "weight": 2, "year": 2003, "pin_cites": [ { "page": "571", "parenthetical": "an allegation of a due process rights violation states a cause of action in mandamus" }, { "page": "571" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/336/0567-01" ] }, { "cite": "884 F.2d 1057", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 11361796 ], "year": 1989, "pin_cites": [ { "page": "1060", "parenthetical": "\"It is beyond cavil that this [due process] principle applies within the prison setting\"" } ], "opinion_index": 0, "case_paths": [ "/f2d/884/1057-01" ] }, { "cite": "976 F.2d 308", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 11288272 ], "year": 1992, "pin_cites": [ { "page": "314" } ], "opinion_index": 0, "case_paths": [ "/f2d/976/0308-01" ] }, { "cite": "763 N.E.2d 289", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2001, "pin_cites": [ { "page": "293", "parenthetical": "we review de novo a trial court's dismissal of a complaint for failure to state a cause of action" } ], "opinion_index": 0 }, { "cite": "198 Ill. 2d 345", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 29933 ], "year": 2001, "pin_cites": [ { "page": "351", "parenthetical": "we review de novo a trial court's dismissal of a complaint for failure to state a cause of action" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/198/0345-01" ] }, { "cite": "386 U.S. 738", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182629 ], "weight": 3, "year": 1967, "pin_cites": [ { "page": "744", "parenthetical": "legal points \"arguable on their merits\" are not frivolous" }, { "page": "498", "parenthetical": "legal points \"arguable on their merits\" are not frivolous" }, { "page": "1400", "parenthetical": "legal points \"arguable on their merits\" are not frivolous" } ], "opinion_index": 0, "case_paths": [ "/us/386/0738-01" ] }, { "cite": "774 N.E.2d 457", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2002, "pin_cites": [ { "page": "463-64" }, { "page": "464" } ], "opinion_index": 0 }, { "cite": "332 Ill. App. 3d 834", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1034113 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "842" }, { "page": "843" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/332/0834-01" ] }, { "cite": "418 U.S. 539", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6173832 ], "weight": 9, "year": 1974, "pin_cites": [ { "page": "563-66" }, { "page": "955-56" }, { "page": "2978-79" }, { "page": "564" }, { "page": "956" }, { "page": "2979" }, { "page": "564" }, { "page": "956" }, { "page": "2979" } ], "opinion_index": 0, "case_paths": [ "/us/418/0539-01" ] }, { "cite": "759 N.E.2d 585", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2001, "pin_cites": [ { "page": "588" } ], "opinion_index": 0 }, { "cite": "325 Ill. App. 3d 736", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 570729 ], "year": 2001, "pin_cites": [ { "page": "739" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/325/0736-01" ] } ], "analysis": { "cardinality": 921, "char_count": 33721, "ocr_confidence": 0.747, "pagerank": { "raw": 1.0353807737610154e-07, "percentile": 0.5492754596889625 }, "sha256": "edf3c6e38cfea758d417163f35e3239ce01c2fd988e6f492b0e58ab32a2568c0", "simhash": "1:e053b42eaac4abf0", "word_count": 5437 }, "last_updated": "2023-07-14T15:22:07.473803+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "KNECHT, EJ., and COOK, J., concur." ], "parties": [ "WILLIAM CANNON, JR., Plaintiff-Appellant, v. TROY QUINLEY et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE STEIGMANN\ndelivered the opinion of the court:\nIn September 2003, plaintiff, William Cannon, Jr., filed a pro se petition for writ of mandamus relief, alleging that defendants, Stephen D. Mote, warden of the Pontiac Correctional Center; Troy Quinley, a Pontiac correctional officer superintendent; Donald N. Snyder, Jr., the Director of the Department of Corrections (DOC); and DOC employees Roger Walker and Cletus R. Shaw, failed to follow DOC rules and violated his due process rights during September, October, and November 2002 disciplinary proceedings. One day later, the trial court sua sponte dismissed Cannon\u2019s petition for failure to state a cause of action. Cannon appeals; and we affirm in part, reverse in part, and remand for further proceedings.\nI. BACKGROUND\nA. September 11, 2002, Inmate Disciplinary Report\nOn September 11, 2002, DOC cited Cannon, who was then an inmate at Pontiac, in an inmate disciplinary report (IDR). The IDR, which was written by DOC correctional officer Michael Burger, indicated that around noon on September 11, 2002, Burger observed Cannon standing inside his cell at his door yelling. Burger told Cannon that he was going to issue an IDR because Cannon was violating a January 1, 2002, written memorandum from Quinley prohibiting excessive noise. Cannon responded by yelling, \u201cBurger [,] you\u2019re a white racist mother fucking honkie! I don\u2019t care about a fucking ticket you white racist mother fucker!\u201d The IDR charged Cannon with (1) willfully disobeying a facility rule (DOC Rule 404) \u2014 namely, the excessive-noise memorandum, and (2) insolence (DOC Rule 304). See 20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003).\nA DOC correctional officer served Cannon with the IDR later on September 11, 2002. Cannon signed the IDR and wrote \u201cLt. Punke\u201d on the witness-request form at the bottom of the IDR. However, he did not complete the section on the witness-request form indicating the matter about which the witness could testify.\nOn September 17, 2002, an adjustment committee conducted a disciplinary hearing on the charges alleged in the IDR. Cannon appeared and denied the charges. After considering the evidence, the committee found Cannon guilty of both charges. The committee\u2019s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger\u2019s observation that (a) Cannon was yelling in his cell and (b) Cannon called Burger a \u201cracist mother fucking honkie\u201d when Burger told him that he would issue the IDR; (2) Cannon was positively identified by \u201cgallery chart\u201d; and (3) Cannon had previously been found guilty of insolence (DOC Rule 304) (see 20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003)). The final summary report also indicated that the committee denied Cannon\u2019s request to have correctional officer Punke appear as a witness because his testimony would have been irrelevant as he was not present during the September 11, 2002, incident.\nThe committee recommended imposition of one month of disciplinary segregation, three months\u2019 demotion to C-grade status, and revocation of three months of commissary and \u201caudio/visual\u201d privileges. The chief administrative officer later imposed the recommended disciplinary actions.\nB. September 29, 2002, IDR\nOn September 29, 2002, DOC cited Cannon in another IDR. The IDR, which was written by Burger, indicated that around noon on September 29, 2002, Burger, who was standing near the bottom of tower 19, observed Cannon standing inside his cell at his door yelling to another inmate. The IDR charged Cannon with willfully disobeying a facility rule (DOC Rule 404) \u2014 namely, the January 1, 2002, excessive-noise memorandum. See 20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003).\nA DOC correctional officer served Cannon with the IDR later on September 29, 2002. Cannon did not sign the IDR or complete the witness-request form at the bottom of the IDR.\nOn October 3, 2002, an adjustment committee conducted a disciplinary hearing on the charge alleged in the IDR. Cannon appeared and denied the charge. He also submitted a written statement, indicating, in pertinent part, that (1) he was not guilty; (2) Burger could not see Cannon behind his cell door, which had a perforated opening, from where Burger stood in the lower tower; (3) Burger had fabricated the charge in retaliation for Cannon\u2019s filing prior grievances against him; (4) Cannon had never been issued the January 1, 2002, excessive-noise memorandum; and (5) \u201cthere [was] no official rule related to noise.\u201d After considering the evidence, the committee found Cannon guilty of the charge. The committee\u2019s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger\u2019s observation that Cannon was standing at his cell door yelling; (2) Cannon was positively identified by face and name; and (3) Cannon had previously been found guilty of willfully disobeying a facility rule (DOC Rule 404) (see 20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003)).\nThe committee recommended imposition of one month of disciplinary segregation, one month\u2019s demotion to C-grade status, and revocation of one month of commissary and \u201caudio/visual\u201d privileges. The chief administrative officer later imposed the recommended disciplinary actions.\nC. November 5, 2002, IDR\nOn November 5, 2002, DOC cited Cannon in a third IDR. The IDR, which was written by Burger, indicated that around noon on November 5, 2002, Burger, who was standing near the bottom of tower 20, had the \u201cWCH cage turn on count lights\u201d and observed Cannon standing inside his cell at his door yelhng to another inmate. The IDR also indicated that Cannon was identified by \u201cWCH cage.\u201d The IDR charged Cannon with willfully disobeying a facility rule (DOC Rule 404) \u2014 namely, the January 1, 2002, excessive-noise memorandum. See 20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003).\nA DOC correctional officer served Cannon with the IDR later on November 5, 2002. Cannon did not sign the IDR or complete the witness-request form at the bottom of the IDR.\nOn November 7, 2002, an adjustment committee conducted a disciplinary hearing on the charge alleged in the IDR. Cannon appeared and denied the charge. He also submitted a written statement, indicating, in pertinent part, that (1) he was not guilty; (2) \u201cif you will go to [the] bottom of tower 19 and ask [Cannon] to come to [his cell] door, you will not be able to see [Cannon]\u201d; (3) Burger had fabricated the charge in retaliation for Cannon\u2019s filing prior grievances against him; and (4) Cannon had never been issued the January 1, 2002, excessive-noise memorandum even though he had inquired about it. After considering the evidence, the committee found Cannon guilty of the charge. The committee\u2019s written final summary report indicated that the committee based its finding of guilt on the following: (1) Burger\u2019s observation that Cannon was standing at his cell door yelling and (2) the positive identification of Cannon by \u201cWCH cage.\u201d\nThe committee recommended imposition of one month of disciplinary segregation, one month\u2019s demotion to C-grade status, and revocation of one month of commissary and \u201caudio/visual\u201d privileges. The chief administrative officer later imposed the recommended disciplinary actions.\nD. Cannon\u2019s Grievance\nLater in November 2002, Cannon filed a grievance as to the disciplinary proceedings regarding the September 11, 2002, September 29, 2002, and November 5, 2002, IDEs, alleging, in pertinent part, as follows: (1) Burger had fabricated the charges against him; (2) the adjustment committee failed to (a) state its reasons for disregarding his exonerating evidence, (b) consider all relevant material, and (c) call his requested witness; (3) he never received the January 1, 2002, excessive-noise memorandum or noise-level guidelines; and (4) DOC did not properly promulgate a rule prohibiting certain noise levels.\nIn December 2002, a grievance officer recommended that Cannon\u2019s grievance be denied, upon determining that (1) the committee complied with DOC Rule 504 (20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003)), and provided Cannon with due process during the disciplinary proceedings and (2) the grievance officer was reasonably sure that Cannon committed the charged offenses. Later that month, the chief administrative officer concurred in the grievance officer\u2019s recommendation.\nCannon later appealed the chief administrative officer\u2019s decision. In March 2003, the administrative review board and the DOC Director denied Cannon\u2019s grievance.\nE. Cannon\u2019s Petition for Writ of Mandamus\nIn September 2003, Cannon filed a pro se petition for mandamus relief, alleging, in pertinent part, that C) he did no' receive a copy of the January 1, 2002, excessive-noise memorandum until after being issued the November 5, 2002, IDE; (2) no noise-level guidelines were ever issued to Cannon or other inmates; (3) DOC did not properly promulgate a rule prohibiting certain noise levels; (4) the adjustment committee disregarded Cannon\u2019s exonerating evidence without stating its reasons for doing so; (5) the committee failed to (a) review and consider all relevant material, (b) provide staff assistance to investigate his defense that Burger, when standing at tower 19, could not see Cannon standing inside his cell, (c) call his requested witness, and (d) state the reasons for recommending the disciplinary action against Cannon; and (6) the committee\u2019s findings were not sufficiently detailed. Attached to Cannon\u2019s petition, in pertinent part, were the following: (1) copies of the IDEs written by Burger; (2) Cannon\u2019s written statements presented at the October and November 2002 disciplinary hearings; (3) the committee\u2019s final written summary reports; (4) Cannon\u2019s grievance; (5) the grievance officer\u2019s report; (6) the board\u2019s and the DOC Director\u2019s denial of Cannon\u2019s grievance; (7) copies of three previous adjustment committee final written summary reports regarding IDEs issued to other inmates, in which the IDEs were expunged because correctional officers could not see inside cells from their vantage points; (8) a copy of a prior adjustment committee final written summary report regarding an IDE issued to Cannon when he was previously in east cell house, which indicated that the east cell house policy was that \u201ccatwalk staff\u2019 must have a witness for noise-violation offenders who are housed behind doors with perforated openings; and (9) a copy of the January 1, 2002, excessive-noise memorandum, which was addressed to inmates in the west cell house and stated, in pertinent part, that \u201c[ijnmates who do not comply with the noise[jlevel guidelines will be issued [IDEs] and progressive discipline will be rendered.\u201d\nOn September 26, 2003, one day after Cannon filed his mandamus petition, the trial court dismissed it in a docket entry, which states, in its entirety, as follows:\n\u201cCourt reviews [mjandamus petition and pertinent documents. Court finds that [Cannon] complains about the result of certain disciplinary proceedings and has failed to state a cause of action in mandamus. Therefore, the petition is dismissed for failure to state a cause of action.\u201d\nIn October 2003, Cannon filed a motion to reconsider, which the court later denied. This pro se appeal followed.\nII. ANALYSIS\nA. Trial Courts\u2019 Authority To Sua Sponte Dismiss Mandamus Petitions\n\u201cMandamus relief is an extraordinary remedy to enforce, as a matter of right, the performance of official duties by a public official where the official is not exercising discretion. A court will not grant a writ of mandamus unless the petitioner can demonstrate a clear, affirmative right to relief, a clear duty of the official to act, and clear authority in the official to comply with the writ. The writ will not lie when its effect is to substitute the court\u2019s judgment or discretion for the official\u2019s judgment or discretion. Mandamus relief, therefore, is not appropriate to regulate a course of official conduct or to enforce the performance of official duties generally.\u201d Hatch v. Szymanski, 325 Ill. App. 3d 736, 739, 759 N.E.2d 585, 588 (2001).\nIn addition, the United States Supreme Court has held that under the principles of due process, prisoners are entitled to the following process in disciplinary proceedings: (1) notice of the disciplinary charges at least 24 hours prior to the hearing; (2) when consistent with institutional safety and correctional goals, an opportunity to call witnesses and present documentary evidence in their defense; and (3) a written statement by the fact finder of the evidence relied on in finding the prisoner guilty of committing the offense and the reasons for the disciplinary action. Wolff v. McDonnell, 418 U.S. 539, 563-66, 41 L. Ed. 2d 935, 955-56, 94 S. Ct. 2963, 2978-79 (1974).\nIn Mason v. Snyder, 332 Ill. App. 3d 834, 842, 774 N.E.2d 457, 463-64 (2002), this court held that trial courts have the authority to \u201cutilize their discretion in dealing with \u2018professional litigants\u2019 who inappropriately burden the court system with nonmeritorious litigation\u201d by sua sponte striking mandamus petitions that the courts find to be \u201cfrivolous and without merit.\u201d \u201cFrivolous\u201d has been defined as \u201cof little weight or importance: having no basis in law or fact\u201d (Webster\u2019s Third New International Dictionary 913 (1981)), and \u201c[Hacking a legal basis or legal merit\u201d (Black\u2019s Law Dictionary 677 (7th ed. 1999)); accord Anders v. California, 386 U.S. 738, 744, 18 L. Ed. 2d 493, 498, 87 S. Ct. 1396, 1400 (1967) (legal points \u201carguable on their merits\u201d are not frivolous). \u201cMerit\u201d means \u201clegal significance, standing, or importance.\u201d Webster\u2019s Third New International Dictionary 1414 (1981). Thus, a trial court should sua sponte dismiss a mandamus petition only if it clearly has no basis or merit in law or fact. A trial court should not sua sponte dismiss a petition if the claims therein are arguable on their merits. We review de novo the trial court\u2019s sua sponte dismissal of Cannon\u2019s petition for failure to state a cause of action. See People ex rel. Ryan v. Telemarketing Associates, Inc., 198 Ill. 2d 345, 351, 763 N.E.2d 289, 293 (2001) (we review de novo a trial court\u2019s dismissal of a complaint for failure to state a cause of action).\nB. The Trial Court\u2019s Sua Sponte Dismissal of Cannon\u2019s Mandamus Petition\nCannon argues that the trial court erred by sua sponte dismissing his petition for writ of mandamus because his petition included several claims that stated a cause of action. For the reasons discussed below, we agree that the court erred by sua sponte dismissing Cannon\u2019s claims that (1) he did not receive notice of the excessive-noise-level guidelines, (2) the adjustment committee failed to state its reasons for recommending the disciplinary action, (3) the committee failed to state its reasons for disregarding certain exonerating evidence, and (4) the committee failed to consider all relevant information and evidence.\n1. Claims That the Trial Court Erroneously Dismissed\na. Cannon\u2019s Claim That DOC Violated His Due Process Rights by Failing To Issue Excessive-Noise-Level Guidelines to Him\nCannon first contends that DOC violated his due process rights by failing to issue any excessive-noise-level guidelines to him prior to enforcing them. He thus claims that prior to being issued the September 11, 2002, September 29, 2002, and November 5, 2002, IDEs, he did not know what noise levels were prohibited.\nDue process requires that inmates receive fair notice of prohibited conduct before they can be sanctioned for engaging in the conduct. Forbes v. Trigg, 976 F.2d 308, 314 (7th Cir. 1992); see Coffman v. Trickey, 884 F.2d 1057, 1060 (8th Cir. 1989) (\u201cIt is beyond cavil that this [due process] principle applies within the prison setting\u201d).\nIn this case, Cannon\u2019s petition raised a factual allegation, which, if proved true, would establish a violation of his due process rights. Thus, we reverse the trial court\u2019s sua sponte dismissal of this claim. See Armstrong v. Snyder, 336 Ill. App. 3d 567, 571, 783 N.E.2d 1101, 1104 (2003) (an allegation of a due process rights violation states a cause of action in mandamus). In so doing, we are not suggesting that this claim may not be the proper subject of dismissal or denial in further proceedings.\nb. Cannon\u2019s Claim That the Adjustment Committee Failed To\nState Its Reasons for Recommending the Disciplinary Action as to the Three IDEs\nCannon also contends that the adjustment committee violated his due process rights and DOC rules by failing to state its reasons for recommending the disciplinary action in its September 17, 2002, October 3, 2002, and November 7, 2002, written final summary reports.\nAs earlier stated, Wolff requires that an inmate subject to discipline receive the fact finder\u2019s written statement of the reasons for the disciplinary action. Wolff, 418 U.S. at 564, 41 L. Ed. 2d at 956, 94 S. Ct. at 2979. In addition, DOC Rule 504.80(1)(3) provides that a \"written record shall be prepared and signed by all members of the [c]ommittee that contains,\u201d among other things, \u201cthe disciplinary action recommended, and the reasons for recommending the disciplinary action.\u201d 20 Ill. Adm. Code \u00a7 504.80(1)(3) (Conway Greene CD-ROM June 2003).\nCannon\u2019s petition alleged that he was never informed of the reasons for the recommended disciplinary action, as is required by (1) DOC Rule 504.80(1)(3) and (2) the United States Constitution. Attached to his petition were the adjustment committee\u2019s three final written summary reports. Those reports contain (1) stated reasons for finding that Cannon was guilty of the charges and (2) the disciplinary action the committee had recommended. However, they do not contain the committee\u2019s reasons for recommending the disciplinary action. On this record, we fail to see how Cannon\u2019s petition fails to state a cause of action for mandamus relief or is otherwise clearly frivolous. We thus reverse the trial court\u2019s sua sponte dismissal of this claim. See Armstrong, 336 Ill. App. 3d at 571, 783 N.E.2d at 1104 (an allegation of a violation of due process rights and DOC rules in a prison disciplinary proceeding states a cause of action in mandamus). As we stated above, in so doing, we are not suggesting that this claim may not be the proper subject of dismissal or denial in further proceedings.\nc. Cannon\u2019s Claim That the Adjustment Committee Failed To State the Reasons for Disregarding His Exonerating Evidence\nCannon also contends that the adjustment committee failed to comply with DOC rules when it failed to state its reasons for disregarding his exonerating evidence, as required by DOC Rule 504.80(1)(2) (20 Ill. Adm. Code \u00a7 504.80(1)(2) (Conway Greene CD-ROM June 2003)). Specifically, he asserts that the committee failed to state its reasons for disregarding his defense that from tower 19, Burger could not possibly see Cannon\u2019s face or mouth as Cannon stood at his cell door.\nDOC Rule 504.80(1)(2) provides that \u201c[i]f exonerating evidence is presented and disregarded, the [cjommittee must state the basis for disregarding the evidence.\u201d 20 Ill. Adm. Code \u00a7 504.80(I)(2) (Conway Greene CD-ROM June 2003).\nCannon\u2019s petition alleged that the adjustment committee failed to state its reasons for disregarding the exonerating evidence regarding Burger\u2019s ability to see him, as is required by DOC Rule 504.80QX2). Attached to his petition were (1) Cannon\u2019s written statements that he presented at the October 3, 2002, and November 7, 2002, disciplinary hearings, which indicated that because Cannon\u2019s cell door had a perforated opening, Burger could not see Cannon standing at the door of his cell from Burger\u2019s vantage point in tower 19 (Cannon conceded that the September 29, 2002, IDR mistakenly indicated that Burger\u2019s vantage point was tower 20 (not tower 19) because tower 20 was \u201con the other side of the building\u201d); (2) the committee\u2019s October 3, 2002, final written summary report, which (a) does not indicate that Cannon\u2019s written statement raised the defense that Burger could not see him from Burger\u2019s vantage point and (b) does not state the committee\u2019s basis for disregarding the evidence; (3) the committee\u2019s November 7, 2002, final written summary report, which indicates that Cannon\u2019s written statement raised the defense that Burger could not see Cannon from Burger\u2019s vantage point but does not explicitly state the committee\u2019s basis for disregarding that evidence; (4) copies of three previous adjustment committee final written summary reports regarding IDRs issued to other inmates, in which the IDRs were expunged because correctional officers could not see inside cells from their vantage points; and (5) a copy of a prior adjustment committee final written summary report regarding an IDR issued to Cannon when he was in east cell house, which indicated that the east cell house policy was that \u201ccatwalk staff\u2019 must have a witness for noise-violation offenders who are housed behind doors with perforated openings.\nOn this record, we fail to see how Cannon\u2019s petition fails to state a cause of action for mandamus relief or is otherwise clearly frivolous. We thus reverse the trial court\u2019s sua sponte dismissal of this claim. As we stated above, in so doing, we are not suggesting that this claim may not be the proper subject of dismissal or denial in further proceedings.\n2. Claims That the Trial Court Properly Dismissed\na. Cannon\u2019s Claim That DOC Failed To Abide by Statutory Law Requiring the Promulgation of Agency Rules\nCannon contends that DOC failed to promulgate an agency rule prohibiting excessive noise prior to enforcing it. We disagree.\nCannon correctly points out that section 5 \u2014 10(c) of the Illinois Administrative Procedure Act (Act) provides that \u201c[n]o agency rule is valid or effective against any person or party *** until it has been made available for public inspection and filed with the Secretary of State as required by this Act\u201d (5 ILCS 100/5 \u2014 10(c) (West 2002)). See also 2 Ill. Adm. Code \u00a7 850.120 (Conway Greene CD-ROM June 2003) (discussing the procedure for adopting DOC rules under the Act). However, the agency (DOC) rule that Cannon was charged with violating in the IDRs \u2014 namely, DOC Rule 404 (violation of facility rules)\u2014 was properly promulgated. Rule 404 proscribes an inmate\u2019s \u201c[wjillfully disobeying any rule of the facility\u201d (emphasis added) (20 Ill. Adm. Code \u00a7 504 app. A (Conway Greene CD-ROM June 2003)). The Act simply does not require that a rule of a particular correctional facility \u2014 as opposed to a DOC rule \u2014 be promulgated in accordance with the Act. Thus, the record does not support Cannon\u2019s claim that DOC failed to promulgate an agency rule prohibiting excessive noise prior to enforcing it. Accordingly, the trial court did not err by sua sponte dismissing this claim.\nb. Cannon\u2019s Claim That the Adjustment Committee Violated His Due Process Rights by Failing To Call His Requested Witness\nCannon also contends that the adjustment committee violated his due process rights by failing to call his requested witness, correctional officer Punke, at the September 17, 2002, disciplinary hearing. We disagree.\nDOC rules provide that the \u201c[adjustment [cjommittee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.\u201d 20 Ill. Adm. Code \u00a7 504.80(h) (Conway Greene CD-ROM June 2003). However, the committee may deny witness requests if the witness\u2019s testimony would be irrelevant, cumulative, or would jeopardize the safety or disrupt the security of the facility, among other reasons. 20 Ill. Adm. Code \u00a7 504.80(h)(4) (Conway Greene CD-ROM June 2003). In addition, mandamus does not afford a means to challenge or reverse an official\u2019s discretionary acts. Caruth v. Quinley, 333 Ill. App. 3d 94, 99, 775 N.E.2d 224, 228 (2002).\nIn this case, Cannon wrote \u201cLt. Punke\u201d on the witness-request form at the bottom of the September 11, 2002, IDR. However, he did not (1) complete the section on the witness-request form indicating the matter about which Punke could testify or (2) tell the adjustment committee during the disciplinary hearing what Punke could testify about. In the adjustment committee\u2019s September 17, 2002, written final summary report, it indicated that it denied Cannon\u2019s request to have Punke appear as a witness because his testimony would be irrelevant as he was not present during the September 11, 2002, incident. Because the committee\u2019s decision to deny Cannon\u2019s witness request was a matter within the committee\u2019s discretion, Cannon cannot challenge that decision in a mandamus petition. See Helm v. Washington, 308 Ill. App. 3d 255, 257, 720 N.E.2d 326, 328 (1999) (\u201cMandamus is an extraordinary remedy that may be used only to compel a public official or body to perform a ministerial duty in which the official exercises no discretion\u201d). Thus, the trial court did not err by sua sponte dismissing this claim.\nc. Cannon\u2019s Claim That the Adjustment Committee\u2019s Findings Were Not Sufficiently Detailed\nCannon also contends that he was denied due process because the adjustment committee\u2019s findings were not sufficiently detailed. We disagree.\nAs earlier stated, Wolff requires that an inmate receive the fact finder\u2019s written statement of the evidence relied on. Wolff, 418 U.S. at 564, 41 L. Ed. 2d at 956, 94 S. Ct. at 2979. In addition, DOC Rules 504.80(1)(1) and (2) provide, in pertinent part, as follows:\n\u201cA written record shall be prepared and signed by all members of the [cjommittee that contains:\n(1) A summary of oral and written statements and other evidence presented.\n* *\n(2) If the [cjommittee members find that the offender committed the offense, a statement as to their reasons for the finding.\u201d 20 111. Adm. Code \u00a7\u00a7 504.80(1)(1), (1)(2) (Conway Greene CD-ROM June 2003).\nIn Thompson v. Lane, 194 Ill. App. 3d 855, 864, 551 N.E.2d 731, 737 (1990), this court discussed the sufficiency of factual findings in prison disciplinary proceedings and held as follows:\n\u201c[T]o satisfy minimum due process requirements, a statement of reasons should be sufficient to enable a reviewing body to determine whether good-time credit has been revoked for an impermissible reason or for no reason at all. While detailed findings are not required, something beyond mere conclusory statements is required.\u201d (Emphasis in original.)\nIn Thompson, 194 Ill. App. 3d at 864, 551 N.E.2d at 737, this court affirmed the trial court\u2019s dismissal of DOC\u2019s motion to dismiss an inmate\u2019s petition for writ of mandamus, reasoning, in part, that the committee\u2019s conclusory statement of the reasons underlying its disciplinary decision did not comport with due process.\nHere, unlike in Thompson, the adjustment committee did more than simply refer to the IDRs in stating the reasons for its decisions. The committee\u2019s stated reasons for its decisions were sufficient to enable \u201ca reviewing body to determine whether good-time credit has been revoked for an impermissible reason or for no reason at all\u201d and satisfied minimum requirements of due process. Thus, the record does not support Cannon\u2019s allegation that he was denied due process because the committee\u2019s findings were not sufficiently detailed. Accordingly, the trial court did not err by sua sponte dismissing this claim.\nd. Cannon\u2019s Claim That the Adjustment Committee Failed To Allow Him To Present a Defense\nCannon also contends that the adjustment committee failed to allow him to present a defense. Specifically, citing DOC Rule 504.80(i) (20 Ill. Adm. Code \u00a7 504.80(i) (Conway Greene CD-ROM June 2003)), he asserts that the committee was required to send a DOC staff member to tower 19 to determine whether that staff member could see Cannon\u2019s face behind his cell door. We disagree.\nDOC Rule 504.80(i) provides, in pertinent part, that \u201c[t]he offender may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.\u201d 20 Ill. Adm. Code \u00a7 504.80(i) (Conway Greene CD-ROM June 2003). Contrary to Cannon\u2019s contention, that rule does not require DOC staff members to help an inmate prepare his defense. Instead, it simply provides that an inmate \u201cmay request\u201d such assistance under certain circumstances. As earlier stated, mandamus is an extraordinary remedy that may be used only to compel a public body to perform a ministerial duty. See Helm, 308 Ill. App. 3d at 257, 720 N.E.2d at 328. Because DOC Rule 504.80(i) does not mandate that DOC staff members assist inmates with their defenses, Cannon cannot challenge the adjustment committee\u2019s failure to provide such assistance in a mandamus petition. Thus, the trial court did not err by sua sponte dismissing this claim.\ne. Cannon\u2019s Claim That the Adjustment Committee Failed To Consider All Relevant Information and Evidence\nCannon also contends that the adjustment committee failed to comply with DOC rules when it failed to (1) decide whether he committed the offense of violating the excessive-noise memorandum \u201cbased upon all relevant information and evidence,\u201d as required by DOC Rule 504.80(j) (20 Ill. Adm. Code \u00a7 504.80(j) (Conway Greene CD-ROM June 2003)); and (2) \u201cconsider all material presented that is relevant\u201d to the issue of whether he committed the charged offense, as required by DOC Rule 504.80(g) (20 Ill. Adm. Code \u00a7 504.80(g) (Conway Greene CD-ROM June 2003)). Specifically, he asserts that the committee failed to consider his defense that from tower 19, Burger could not possibly see Cannon as he stood in front of his cell door. We disagree.\nCannon\u2019s petition alleged that the adjustment committee failed to (1) decide whether he committed the offense of violating the excessive-noise memorandum \u201cbased upon all relevant information and evidence,\u201d as required by DOC Rule 504.80(j) and (2) consider all relevant material, as required by DOC Rule 504.80(g). Attached to Cannon\u2019s petition were (1) Cannon\u2019s written statements that he presented at the October 3, 2002, and November 7, 2002, disciplinary hearings, which indicated that because Cannon\u2019s cell door had a perforated opening, Burger could not see him standing at his cell door from Burger\u2019s vantage point in tower 19; and (2) the committee\u2019s October 3, 2002, and November 7, 2002, final written summary reports, which do not mention Cannon\u2019s defense.\nAs earlier discussed, the adjustment committee\u2019s stated reasons for its decisions were sufficient to enable \u201ca reviewing body to determine whether good-time credit has been revoked for an impermissible reason or for no reason at all\u201d and satisfied minimum requirements of due process. The mere fact that the committee did not specifically mention in its written findings the information regarding Burger\u2019s ability to see Cannon does not mean that the committee failed to consider that information. We thus conclude that Cannon has failed to state a cause of action in this regard. Accordingly, the trial court did not err by sua sponte dismissing this claim.\nf. Cannon\u2019s Claim That the Adjustment Committee Acted Arbitrarily\nLast, Cannon contends that during the disciplinary proceedings, the adjustment committee acted arbitrarily, not impartially, as required by DOC Rule 504.80(d) (20 Ill. Adm. Code \u00a7 504.80(d) (Conway Greene CD-ROM June 2003)). We disagree.\nDOC Rule 504.80(d), upon which Cannon solely relies, provides as follows:\n\u201cAny person who initiated the allegations that serve as the basis for the [IDR], or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the [adjustment [c]ommittee hearing that [IDR]. An offender who objects to a member of the [c]ommittee based on a lack of impartiality must raise the matter at the beginning of the hearing. The [c]ommittee shall document the basis of the objection and the decision in the [adjustment committee summary.\u201d 20 Ill. Adm. Code \u00a7 504.80(d) (Conway Greene CD-ROM June 2003).\nThe record here belies Cannon\u2019s claim. It shows that Cannon never raised an objection to the adjustment committee\u2019s impartiality at the disciplinary hearings, as he was required to do. We thus conclude that Cannon has failed to state a cause of action in this regard. Accordingly, the trial court did not err by sua sponte dismissing this claim.\nAs a final matter, we reiterate our statement in Mason, 332 Ill. App. 3d at 843, 774 N.E.2d at 464, that \u2014 given that this court would be reviewing the trial court\u2019s decision without the benefit of argument from the defendant \u2014 when a trial court sua sponte dismisses a DOC inmate\u2019s mandamus petition, the court should also set forth in the record the basis upon which that determination was made. Unfortunately, in this case, the trial court did not state the basis for its decision. This court ought not be required to review a record in detail to determine if the trial court properly sua sponte dismissed a mandamus petition when the trial court itself has provided no analysis or explanation of the reasons for its dismissal.\nIII. CONCLUSION\nFor the reasons stated, we affirm the trial court\u2019s judgment in part, reverse in part, and remand for further proceedings.\nAffirmed in part, reversed in part, and remanded.\nKNECHT, EJ., and COOK, J., concur.", "type": "majority", "author": "JUSTICE STEIGMANN" } ], "attorneys": [ "William Cannon, Jr., of Pontiac, appellant pro se." ], "corrections": "", "head_matter": "WILLIAM CANNON, JR., Plaintiff-Appellant, v. TROY QUINLEY et al., Defendants-Appellees.\nFourth District\nNo. 4\u201403\u20140940\nOpinion filed August 17, 2004.\nRehearing denied October 1, 2004.\nWilliam Cannon, Jr., of Pontiac, appellant pro se." }, "file_name": "1120-01", "first_page_order": 1138, "last_page_order": 1153 }