Peretz v. Sims, No. 10-3945 (7th Cir. 2011)
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Defendant was convicted of aggravated driving while license revoked, 625 ILCS 5/6-303(a), (d-3) (2008), a Class 4 felony carrying a mandatory minimum sentence of 180 days' imprisonment. He was taken into custody on February 17; on March 7, he was sentenced to 18 months' imprisonment. The Department of Corrections originally calculated a tentative release date as November 17, reflecting the February 17 custody date and statutory good-time credit of one day per day of sentence. Because the full award of 180 days of additional good-time credit would bring defendant below the mandatory minimum sentence of 180 days, defendant was only awarded 87 days of meritorious good-time credit. In defendant's suit under 42 U.S.C. 1983, the district court granted summary judgment in favor of the state employees after defendant failed to respond to their motion for summary judgment. The Seventh Circuit affirmed on the basis that defendant did not sue the proper parties. None of the named state employees were responsible for the purported constitutional deprivation.
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