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Appellate Court Upheld Ruling And Refused To Create A Private Cause Of Action Under The Unified Code Of Corrections

Attorney
Stacy D. Fulco

Practice Area
Appellate Practice

 
Stacy Fulco represented an Illinois prison warden, the prison medical director and several nurses and prison staff in a suit filed by a prisoner who was trying to create a new theory of liability against the prison staff under the Unified Code of Corrections. In this Will County case, William McNeil v. Lamark Carter, et al., 318 Ill.App.3d 939, 742 N.E.2d 1277 (3rd Dist. 2001), the plaintiff alleged that the prison staff committed a tortuous act by providing inadequate medical care. A motion for summary judgment was granted and the case was appealed. The Appellate Court upheld the ruling and agreed that the Unified Code of Corrections did not imply a private right of action for an inmate who allegedly received inadequate medical care, thereby preventing a new cause of action against the prison staff.

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