Eichwedel v. Chandler, No. 09-1031 (7th Cir. 2012)
Annotate this CaseDuring unrelated federal civil litigation against Illinois Department of Corrections officials, Eichwedel, an inmate proceeding pro se, filed motions for sanctions that the district court denied as “frivolous.” The state revoked six months of Eichwedel’s good-conduct credits. Illinois law establishes penalties for prisoners who file frivolous motions in litigation against the state, 730 ILCS 5/3-6-3(d). A state trial court denied relief; the appellate court declined review. Rejecting a federal habeas petition, the district court concluded that the Supreme Court never has recognized a First Amendment right to file frivolous motions and that the revocation of Eichwedel’s credit was supported by “some evidence in the record.” The Seventh Circuit held that the district court correctly disposed of the right-of-access claim, but certified to the Supreme Court of Illinois the question: As of the date Mr. Eichwedel’s state court challenge to the revocation of his good-conduct credits became final, was the State required to establish, in order to revoke a prisoner’s good-conduct credit, either that the court making the finding of frivolousness had determined specifically that the filing satisfied one of the definitions of frivolousness in 730 ILCS 5/3-6-3(d) or that the court had otherwise made its intent to invoke 730 ILCS 5/3-6-3(d) known?
The court issued a subsequent related opinion or order on November 2, 2012.
The court issued a subsequent related opinion or order on November 13, 2012.
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